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morphster1983

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Everything posted by morphster1983

  1. Hi there, Apologies to other posters for not getting the claim form posted. We submitted the form and admitted to all of the claim. We didn't fill out, admitted, all of the claimform it has been sent back to us stating that we didn't put my income down too they have evidence that all fee's were paid from my bank account and not my partners they will be presenting the evidence to the court as they have told them this verbally and will confirm this to them in writing. What I need to know is. Is this possible? The fact that the said company have issued a claim form in my partners name can the court pursue me for fee's given it is my partners name on the claim form.
  2. Hi There, I've received a MCOL form from my son's nursery to which they've withdrawn his place. Placed him a new settings but received a MCOL Claim Form from the previous nursery demanding over £1,000. I don't dispute this but requested time to pay but this was refused . I've filled out the admission section and due to post it back to them today. Advising what I can afford each month. Two simple questions: 1) Can they refuse my offer of payment given I've detailed all incomings and outgoings? 2) Can they try to obtain money from my partner as it's his son too. We live together but as already mentioned the claim was sent in my name. Any help would be greatly appreciated as due to deadlines need to get this off today. P
  3. Hi there, We owe the money we don't deny this. Just not had the opportunity to discuss a payment plan with the owner she's just gone straight in with the MCOL form I thought she would of needed to have gone through a DCA but guess I'm wrong there. Now that we've had to pay out for another nursery setting this is the reason why we can only afford around £7 per month off the debt We do want to defend the claim by stating that we've tried to communicate via email to which I have copies of and we've had no acknowledgement to these either. Never refused to pay the monies owed just haven't had the money to pay all in one go now I fear that this will be a long drawn out process causing us misery because the company won't agree a payment plan and with having to get son into another childcare setting it's made things worse
  4. Hi There, Looking for some information really. My partner received a Claim Form from County Court Business Centre the Claimaint is my son's nursery. Particulars of Claim: Unpaid Nursery fee's Miss XXX has received 4 letters from us requesting that her or her partner to contact us about the arrears and late payments. Both Miss XXX and her partner avoid having any communication with office and attempts to intercept their speedy departures is unsuccessful as they refuse to engage in any discussion about non-payment. Both parents are working. Now yes both my partner and I are working. We've received 2 letters from the nursery regarding arrears in Nursery fee's however the statement they've tried to intercept our speedy departure and avoid communication is a total lie. The person who has submitted the claim (the owner) is rarely there. I myself used to collect my little boy after work and in the 3 month's he's been there I've seen this lady twice. We did indeed fall into arrears due to issues with our cars to which I myself spoke with another lady (management) in the office and verbally agreed payment plan to which we were sticking too. I got an email last monday morning saying they've withdrawn his place with immediate effect and legal action has been taken to recover the money. I've emailed this lady back twice with no acknowledgement whatsoever reaffirming my concerns about her comments on the claim form and to remind her that I've spoken with another colleague. The problem my partner and I have now is that we've to relocate our son's nursery setting therefore the money we'd set aside to pay the previous one has gone due to paying his new nursery. The MCOL form states we must provide my partners. Not both just my partners financial particulars incoming and outgoing and send to the claimaint. I guess sending this recorded post is the only sure fire way of proving we've done it incase she decides to escalate the case. Sadly we now can only afford around £7 per month back of a debt she's claiming of £1199 Any guidance on how to proceed would be gratefully received.
  5. Sorry for not understanding but can you advise what redress means?
  6. Hi There, Just a question around DCA's and there tatics. I had a letter from MMile finance regarding a debt for Cash Genie. I've gone in with the mindset of affording just £1 per month which many of my other creditors have accepted. MMile are requesting I fill out a Personal Finance Statement through there website so they can assess for themselves what I can afford. Now while I've got nothing to hide from anyone I just don't feel comfortable disclosing my incomings and outgoings to a third party. Is it a requirement that I comply with this request? Also I've read a lot about CCA's and people sending requests requesting copies of agreements. Am i right in assuming if I send them a CCA request and they cannot provide me with the original copy then the debt becomes unenforceable and my credit file updated to reflect that it's no longer outstanding Cheers P
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