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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband went bankrupt leaving me with unpaid school fees.

Customer Question

My husband went bankrupt leaving me with unpaid school fees. I have been trying to deal with the solicitors and tell them I am unable to pay and the school I have also been haunts with for the last few years and they will not listen
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the current position with the case?
What would you like to know?
Clare
Customer: replied 1 year ago.

The school in question were paid a cash deposit by husband in Jan 2010. My son started at the school in Sept 2010, I had to withdraw him in 2011 at the end of the Spring Term. He was being teased and persicuted by the staff for his learning problem and he has serious health issues with his Heart. I had told them this as it is serious as he can suddenly collapse and in fact did at school. I had him educated for a term in my school and then a year if a school for SEN to recover.

The fees for the last term as he was not there were not piad. What I did not know at that stage was the fees for the term before which should have been apid out of my Exs business account and the money was there were stopped by him.

He went bankrupt without telling me in November 2011.

We then lost our house.

I asked him to leave our temp house in Jan 2012.

In the time he was home and trying to cover all up he destroyed all paperwork.

I then starting getting letters extra from the schs solicitors I have always replied filled in forms to do with income.

I get no money form the ex despite having 2 kids. He has managed to con the CSA and I have sent copies of letters saying he does not pay.

I am a teacher I do not have a huge income.

I went to court in September 2013 to try to say I could not pay the judge did not believe me.

I had paperwork to prove it.

I hear nothing till January 2015.

Fill in forms - done

They still want money I cannot get.

I went to Battersea library in Feb Half Term for free legal advice. The lawyer said I should have been sent paperwork from court case, I should have been told why they go quite and then chase etc.

I e mailed all this to the other side and the response was so defensive.

I would like t o send that to you.

I said on their questions and stance I wanted to get more advice before I replied.

I emailed them before Easter to say I was still waiting for the correct response and would be back to them this week.

I need to know my correct and exact position. I cannot pay. My ex should be paying.

His response is very rude.

I have been told they have 6 years to claim this money owed. What happens after that 6 years and as that time comes will they become aggressive.

The Head of the school owns two schools and earns a fortune.

I wrote to him at the start and asked him to please understand my position in all of this. He was not interested. It feels like a personal vendetta because I took my son away and therefore questioned his school. I have never been to the press about my sons treatment there but sometimes wish I had.

Customer: replied 1 year ago.

I need to know that I understand that with Bankruptcy and joint claims the other signee the other partner must be a signee, I NEVER signed any paperwork with the school I never agreed on paper to any T and Cs as I was at work when my husband signed. I have a copy of this paper. Therefore the claim should be towards him as he signed not me. NO ONE will answer this question,

Expert:  Clare replied 1 year ago.
Hi
Did you agree to the child attending the school?
What income does your ex have?
Clare
Customer: replied 1 year ago.

Only verbally to my ex. He went for an assessment day. passed then we had to take in deposit that was all done without me. I have no idea he drives taxis for a local firm where he lives in Marlow and does Blue Badge Tour Guiding in his 7 seater through an agency, I have no idea which one but it deals with Americans.

Expert:  Clare replied 1 year ago.
Hi
Have you seen any of the original paperwork relating to the court case?
Clare
Customer: replied 1 year ago.

I haven't seen any court case paperwork. Do you mean the one I set up to say I could not pay? This was advice from the debt charity I dealt with. They tried to help by getting me to send a template letter to the school saying I could pay a very small amount, pcm He rejected this.

Expert:  Clare replied 1 year ago.
Hi
No I meant the original paperwork that set out the claim from the court
Clare
Customer: replied 1 year ago.

I have never seen anything as he tore everything up or got rid of it.

At one point I asked for all this stuff and they were very unhelpful.

They will only demand from me they are very reluctant to send me or give me stuff that will tell me facts.

Does that help?

Expert:  Clare replied 1 year ago.
Hi
have you asked the court for copies of the claim form?
Clare
Customer: replied 1 year ago.
I tried to track down which cry it was in but it was not my local one . The solicitor is in Exeter wld it be down there. The school is in London. It must be costing the sch more to chase this small amount than the value of the original sum
Expert:  Clare replied 1 year ago.
Hi
Looking at the court paperwork that you do have what is the court number?
Clare
Customer: replied 1 year ago.
ill have a search and see what I can find
Expert:  Clare replied 1 year ago.
Hi
That is fine add it when you can
Clare
Customer: replied 1 year ago.

BINGO!

Hall Schools LLP

Exeter : A90EX070 22 September 2011

1EX01804 Claim Number

Mr William Shipley

Expert:  Clare replied 1 year ago.
Hi
Right
This is going to be a step by step approach.
Your first step is to write to the Court - quoting the number - and ask for a copy of the original claim form.
Once you have that you can see how the Judgement came to be entered against you.
This will be the area you wish to challenge since as you said you did not sign the Terms and Conditions
Having said that I am afraid that you do not have a strong defence as the child duly attended the school.
Challenging the Judgement is about giving yourself room for negotiation.
However there is a chance that the fact that they may well have not acted properly might persuade them not to take it further
Please ask if you need further details
Clare
Customer: replied 1 year ago.

I will write to them and see what comes back. Once I have that can I contact you again?

Expert:  Clare replied 1 year ago.
Hi
yes you can contact me through the link in the line under the answer - or just ask for me in the question title
Clare

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