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Hello my name is ***** ***** I will help you with this.
Do you have a contract with the college? Does it allow them to collect documents please?
There is a contract which states the subcontract to return docs. However is this valid if we haven't been paid ?
How much are you owed?
around £5000. there are (10 students )
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
I would like to cut out loses and keep our students. Do we have to give the portfolios( students course work over o
Sadly yes if the contract allows for that and I think you said it did
If we haven't been paid does this not breach the contract
Yes but you cant keep the documents, you can only sue for the losses
Are the any circumstances we can keep our students work
However if you have done work in the portfolios and not been paid you can keep it, but in that case you cant let them take it
That is the only way, if they take it, its too late
No we have the portfolios and have done all the work and paid for it . They are threatening us to give them over but we haven't
Ok - then you can keep them until paid for'
They cant just collect them you have a legal lien