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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50154
Experience:  Qualified Solicitor
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My daughter, Bry,(22 years old) has been a member of a cheerleading

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My daughter, Bry,(22 years old) has been a member of a cheerleading team for several years. Recently9during the last 12 months) she has been helping out with the team. The coach/manager, Alicia,informed Bry that she needn't pay the monthly subs(£30.00) as she was helping out. Last week Alicia demanded that Bry pay her £150.00,saying this amount was due for her subs. Alicia denies saying that Bry needn't pay.She has removed Bry from the team and is demanding payment in full by Friday or she will take Bry to small claims court. Bry can't afford to pay her £150.00,but has offered to pay in instalments. Alicia refuses to accept this. We are very worried as we have been told that if Bry goes to small claims court her credit score will be affected and it will be on record. We can't afford to pay £150.00,and don't really see why we should..Would it be advisable just to forward a cheque for £20.00 as an initial payment/gesture of intent to pay? Please help. Regards,Helen
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is she trying to claim for subs for a period when she was explicitly told that she does not have to pay them?
Customer: replied 2 years ago.

Yes . She was told around in January 2015 she needn't pay the subs. The £150.00 covers the period Jan-May. There is nothing in writing to say that Coach has told her this.

For this person to be able to pursue your daughter for these fees she must first be able to show that they were legally due to her. If she was specifically told that she would not be required to pay the subs and she relied on that agreement to continue helping out then it is most likely that a contractual agreement would have been formed to that effect and on those terms. It is not necessary for there to have been a written contract confirming this as a verbal agreement can be just as legal as a written one. The issue is proving what was said and agreed. This would really come down to each person’s evidence, how they appear to a court, and I general who they tend to believe in the end. But legally she should not have to pay these subs.
As to the small claims court process, it is untrue that a claim will automatically affect her credit rating. First a claim must be made, then the other party must win that and get a judgment issued in their favour, then your daughter would have a set time to pay that and only if she does not pay it within the time period could be it registered against her name. There is a long period before that happens because the whole process is likely to take a few months so even if a claim is made she could put money aside from now in case she needs to pay the other party at the end of the process.
If she was to pay her any money now then she would accept the fact that she owes her something which she is trying to argue the opposite. I cannot tell you on whether to admit liability and start paying or just hold tight and make it clear that due to the agreement she should not have to pay anything at all. In other words you are really calling her bluff as she may not necessarily make the claim and could just be making empty threats. Only time will tell I’m afraid and no one can predict if she is serious or not so there will be a risk whatever option you decide on.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Thankyou. Is it best now just to ignore all texts/messages from Alicia and await a formal letter?

that is an option, she is not legally required to respond to any of her correspondence at this stage, this only really happens once a formal notification of a claim has been received, this would be sent by the courts. Until then she is free to ignore as much of her letters/texts as she wants
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