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Elliemygsd

Making a Claim against someone

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Hi , I’m a childminder and look after lots of lovely children. One of my customers recently left without giving any notice, her financial circumstances had changed but instead of talking to me about  it she decided to try and instigate an argument and use this not to give notice. I refused to give her a refund as I have to pay staff costs etc. This morning I received a letter from Northampton cc stating a claim has been submitted. It’s very badly written and she even states she has decided not to give me the notice period agreed between us. I will respond in the time scale however as she has breached her contract I am considering making a counter claim against her. Can you suggest any reading on this subject how to go about doing it effectively and professionally. I think I remember a while ago you recommend a book on how to make a county court claim 

thanks ELLIE 

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What do you feel she owes you that you want to counterclaim for?

 

if successful, do you think you will be able to enforce any award? (given her financial circumstances have deteriorated!)

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Hi 

our customers agree to give us three months notice to leave and pay a deposit. This is made very clear when they start. So technically they are liable for three months charges from the day the give notice. Normally though we try and be flexible and would probably agree a week or two to try and  find another coustomer. Some times I might even have a waiting list and just let them go. We employ five staff so the notice period is for stability our costs are very high.

In this case after over a year with no complaints very happy with our service she doesn’t turn up one morning then sends a txt I decided to terminate our agreement you can keep the deposit. Obviously the space goes empty but I still have to pay staff. 

However because this customer pays through a gov tax website , they contribute towards childcare cost the website releases the months fees to us. She demands it back and I refuse. 

No I doubt I would even want to enforce any award and I don’t want to make a claim for three months costs. However she has fired the first shot when I recieved court papers this morning from Northampton. The papers come from The civil Money Claims Service, states we have till the 14th April to respond or a CCJ may be obtained. 

In her reason for the claim she states she no longer needs our services and has decided to terminate our agreement. 

Basically if I have to go to the lengths of going to court to defend this claim I’m going to be looking into enforcing our agreement. 

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Hi.

 

In view of the court claim, I've moved your thread to the General Legal forum for further advice and left you a link to follow from the original forum.

 

HB


Illegitimi non carborundum

 

 

 

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Could you let us have the details requested in the legal forum sticky please? It will help us to advise you.

 

HB


Illegitimi non carborundum

 

 

 

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Posted (edited)

Is the deposit less than 3 months worth of fees (again, what is the loss you want to claim for [that you haven’t already had from the deposit])

 

say you succeed in your counterclaim and the court awards you £X (including the claim fee you’ll have to pay).

Will she be able to pay / will the award be able to be enforced?

if she is “pot-less” you may have the award but not be able to enforce it / find that you get £1 per week. You may want to consider if any award would be enforceable before expending the time / energy / cost of a counterclaim.

 

 

Edited by BazzaS

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Hi 

No the deposit isn’t even close , three months fees in this case are around £2700 the deposit is £200. Also due to the rules relating to my business should I have to go to court I would have to close for the day and this would cost in the region of £1000 .

The fact she has started proceedings against me means I will have to defend the case, So I might as well make a counter claim. The best result for me would be for her to just drop it and my thinking hear is that the threat of a counter claim might make her see sense. 

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