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Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Can a court order to repay school fees be overturned if the

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Can a court order to repay school fees be overturned if the original claim did not include all the payments made to the school I.e not declared on the original claim?

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Could you explain the situation a little more please?

JACUSTOMER-2vh1p56l- : Was taken to court for £20000 approx .. I agreed I owed the money and set up a payment plan they refused to tell me how to pay without a cheque book and didn't give me any other means .. I tried to pay for 2 months they took it to high court without telling me I have recently been told I now owe £25500 despite paying off £4730 ..debt has increased £9000 since 2011 .. As soon as I was given a payment book I have payed not missed one .. My x husband recently told me he had made payments to the school I did not know about we have evidence of them .. They were not included in the first claim and the interest and fees were not asked for in the first claim .. As far as I knew I owed about £17000 to be told it was now £25500 is gobsmacking to say the least .. Can I get this turned over on this so that I can only pay what is actually owed?
Alex Watts :

Have you asked for a full statement of account please?

Alex Watts :

Did you defend the claim?

Alex Watts :

When was the Judgment?

Customer: The judgement was 2011 I asked 5 days ago for a full statement haven't got one yet.. I defended part of the claim they wanted an extra £15000 on top of the £20000 school fees I got it down to just the school fees paid in instalments of £140 a month
Alex Watts :

What the Court Order say you should pay please?

Customer: To repay approx £20000 at £140 a month
Alex Watts :

OK - was there anything about future costs or interest in the particulars of claim?

Customer: Only small print on the form about statutory interest nothing in the order that just says the amount owed and the repayment and interest to date of judgement which was in 2011.
Alex Watts :

What is the rate of interest claimed please?

Customer: It doesn't say anything about rates just that if taken further costs will be added .
Customer: It just says that under the warning at the bottom of the page .. All else is about the offer of payment being accepted the instalments and the date to pay and the amount.
Alex Watts :

What about in the main claim form that was sent?

Customer: Further interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum and continuing at a daily rate of £12.45 until judgement or sooner payment doesn't say anything about after judgement .. I thought that only the ccj as it is worded can be transferred to high court ie the agreement I have .. Not changed without me knowing.
Customer: And high court was apparently decided in May 2011
Alex Watts :

Have you asked the other side for a statement of account breakdown?

Customer: Yes 5 days ago through high court enforcement the company I have to send the payments to.
Customer: They were the ones who sent me the letter with the balance.
Alex Watts :

Were you behind with payments which is why enforcement officers came?

Customer: I had no way of paying no pay slips or paying in book I phoned their solicitors to explain they said I would have to wait for a standing order to be sent through I explained that due to my divorce I didn't have a bank account and needed a paying in book to pay cash at the bank .. They didn't provide one .. I asked again they gave me a telephone number to call I have proof of the date at least 5 weeks after the fist payment was due I phoned that for a paying in book which took from the middle of May to the middle of June to arrive I paid as soon as I got it but apparently after the first month they had escalated it to the high court .
Customer: Sorry not June .. July
Customer: First payment was due 25 April
Alex Watts :

Ok- you should apply to the Court to vary the original order.

Alex Watts :

It is not reasonable in todays climate to claim 8% interest. Judges are commonly awarding 2-3%

Alex Watts :

Therefore if you apply to vary it you can ask the Judge to award a lower rate of interest and set your montlhy repayments.

Customer: Is that form n244 or 245?
Alex Watts :

You need to complete form N244

Alex Watts :

You need to also provide details of income and expenses.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I'm on benefits I have a child with cerebral palsy I have to look after him so I can't work .
Alex Watts :

You are likely to only pay around £5 a month

Alex Watts :

But ask the Court to vary and re-determine the order

Customer: Ok I will .. Can they cancel the £9000 interest and charges? I haven't missed a payment since I got the book.
Alex Watts :

The Court may be able to. The Court is likely to lower the payments.

Alex Watts :

Can I clarify anything else for you?

Customer: Ok I'll give it a bash .. Many thanks for your help :)
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


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Customer: Ok xx
Alex Watts :

Good luck with this.

Customer: Thank you I'll rate you now.
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