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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47425
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can you take county court action against a school for non

Resolved Question:

can you take county court action against a school for non payment
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Please provide some more information on the situation in question? Thank you

Customer: replied 10 months ago.
A school client ordered a bespoke set of furniture. The order acknowledgement signed by the School Manager and head principle clearly accepts our terms and conditions which also details cancelation policy of 7 days from order. Some time after this time the order is cancelled. We accept the signed cancellation which also agrees to a cancellation fee to cover the costs to date. Our payment terms are strictly upon receipt of invoice or re reserve the right charge a penalty interest of 4% on the capital outstanding. The school have ignored all requests for payment and I now need to know what legal routes can be explored to obtain payment.
Customer: replied 10 months ago.
The 4% is a daily charge
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. Whenever a dispute arises over money or compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 10 months ago.
Thank you for your reply. I am fully aware of the correct actions ie letters etc as you describe my question was can I initiate court process to an education establishment/management. From your answer it appears that I can would that include a Statutory Demand?
Please advise
Expert:  Ben Jones replied 10 months ago.

you can certainly take an education establishment to court, whilst you can also send a statutory demand, if this is a government owned institution then the chances of getting a winding up order against it will probably be slim so you can use it as a negotiating tactic but realistically you may not be able to close it down so you will then likely have to pursue the other enforcement options instead. Hope this clarifies?

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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