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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice
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I have now recieved a letter from a soliciotr acting for

Resolved Question:

Hi, I have now recieved a letter from a soliciotr acting for the school, asking for payment by 31st August or they start legal proceedings. I cannot pay right now and they have added more interest fees of over a £1,000. In addition we are not happy with
the fact our daughter failed her GCSE's when she was predicted all 7, she got 3 and after all the money we have paid we are not happy to pay her remaining portion in any case. So I would like to counter sue on this basis. I need someone to help me negotiate
the best settlement. Can you please advise? Thanks John
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thanks.
I'm not sure what you would counter sue for I'm afraid. Ultimately she is responsible for her results. The school do not guarantee the results as they cannot because exams test the student.
Please do not waste your time on this. You will be at significant risk of costs even at the small claims court on the basis the claim is vexatious.
They may start legal proceedings. It is impossible to tell. It might just be a warning letter in the hope that you cave in.
Come what may though, you are in breach of contract and so they could sue.
I'm very sorry but that is your position.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Jo, yes understand.
can you advise then (sorry if you have done this already) on how I respond to the letter? I may be able to pay them a portion of the money in two months time, the letter says they want a response on "proposals for payment by 31st".Kind regards
John
Expert:  Jo C. replied 2 years ago.
How much are they claiming and what can you offer?
Customer: replied 2 years ago.
Hi, they are claiming the following;School fee £7,234.24
School fee £7,042.22
Late payment charge £1,193.65
Late payment charge £1,056.33
Late payment charge £1,176.24
Total £17,702.68I cannot offer anything other than a nominal monthly payment say £100 until I earn my bonus which has been delayed due to circumstances beyound my control. I had been paying them £200 pm but they siad it wasnt enough.We reviewed our income and expenditure with a government debt counselling organistion and they said we should not even be paying that. That is the situation.Best regards
John
Expert:  Jo C. replied 2 years ago.
Ok.
The practical reality then is that you can't make an offer that would satisfy.
You can always write to them explaining your position. Truth is that they wouldn't get more at court and they will receive advice to that effect.
If you receive a bonus then I would offer 50% in full and final settlement but if you don't know when that will be you can't offer until you do.
Alternatively they will have to sue, admit the claim and then apply to vary the judgment to let you pay in instalments which would take you right back to £200 a month almost certainly. It is a reasonable offer and if you have been paying then a Judge would be impressed by that.
Customer: replied 2 years ago.
Thank you, ***** ***** take that approach with them and I have been paying that amount until two months ago as they were so demanding of the full fee it seemed pointless. I have all the correspondence to them and continually stated I was commited to paying what we owed but they were dismissive and quite frankly rude.Thanks
John
Expert:  Jo C. replied 2 years ago.
Oh yes, they will not be pleased whatever you do.
The point isn't about pleasing them but putting you in a position of advantage if it gets to court.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Okay understood. please keep this line of communication open as I may need further advice as things progress.Kind regards
John
Customer: replied 2 years ago.
I dont feel that guilty as I have paid them over £275,000 in total.
Expert:  Jo C. replied 2 years ago.
No problem.
All the best