How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year 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 1 year 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 1 year ago.
How much are they claiming and what can you offer?
Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay understood. please keep this line of communication open as I may need further advice as things progress.Kind regards
John
Customer: replied 1 year ago.
I dont feel that guilty as I have paid them over £275,000 in total.
Expert:  Jo C. replied 1 year ago.
No problem.
All the best

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice