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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello We are a small charity of 21 years, that was subcontracted

Resolved Question:

Hello
We are a small charity of 21 years, that was subcontracted by a college in the last academic ( August to September ) year to train young adults 16-18 . The students we work with are those who had fallen out of main stream education. We have worked with the college for 4 years, on annual contract. Previously, we have had very good results but this year the students will not achieve in time for the college's October final deadline. As some have enrolled onto other courses for this academic year and some are in work. We however are, and will continue to work with the students( evening , weekend and by emails) and all those who want to complete will complete. ( Some have advised they do not want to )
Our funding through the college is based on 50% attendance and 50% achievement. We accept we will not gain the achievement funding this year . However for some students we have not had any funding from the college and we have paid for their entire training out of our reserves. The college wants all the student's portfolios from our charity to see if they can meet their deadline and have threatened legal action . Recent queries about our attendance funding has been ignored .Considering we have not taken their money to date on many students, we wish to continue our work ,as this will be disruptive to the learners and I doubt the college will meet their target or continue after their deadline. The college recently had a staff member turned up unannounced to collect the folders but they are with our internal examiner who is working through them. The college has never collected the portfolios in previous years. There is a process laid out in the contract for dealing with disputes including arbitration but they have not mentioned this, just legal action .The contract does give most rights to the college. Please advise if they have a strong case. Also around June we advised the college we would be closing from this September -January 2015 to reestablish our charity. They have ignore this and continue to bull doze
Thank you
Lana
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you have a contract with the college? Does it allow them to collect documents please?

Customer:

Hello Alex

Alex Watts :

Hello

Customer:

There is a contract which states the subcontract to return docs. However is this valid if we haven't been paid ?

Alex Watts :

How much are you owed?

Customer:

around £5000. there are (10 students )

Alex Watts :

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?

Customer:

I would like to cut out loses and keep our students. Do we have to give the portfolios( students course work over o

Customer:

Thank you

Alex Watts :

Sadly yes if the contract allows for that and I think you said it did

Customer:

If we haven't been paid does this not breach the contract

Alex Watts :

Yes but you cant keep the documents, you can only sue for the losses

Customer:

Are the any circumstances we can keep our students work

Alex Watts :

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

Alex Watts :

That is the only way, if they take it, its too late

Customer:

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

Alex Watts :

Ok - then you can keep them until paid for'

Alex Watts :

They cant just collect them you have a legal lien

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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