Non Practising Solicitor threatening court for nursery dinner debt

[joeblogs]

You kind folks crack me up you really do, thanks so much.

[Bazooka Boo]

Well! It really is so trivial and pathetic for a woman of her age to try and "big up" herself, inflating her deflated ego by using such puerile words, really! She needs to start acting her age and not that of her pupils!

[bubbsie1]

Cerberusalert

 

it depends entirely on what kind of 'soliciting' you mean

[bubbsie1]

Hi JB

 

here goes:

 

 

 

Dear Mrs G

 

thank you for your letter dated xxxxxxxxx

 

I shall deal with the salient points in chronological order; firstly I am disappointed there is a further delay in resolving this matter particularly since I have made my position clear and do not accept or acknowledge there is any debt owed to the nursery and given the circumstances in which this dispute arose my stance is fully justified.

 

Secondly I do not deny that you have the right to refer to youself as a 'non-practising solicitor' in accordance with the Solicitors regulations 1999; my concern is that you chose to refer to your position in the nursery as 'Business Manager/Non-practising Solicitor' when you claim in your letter your status as a non-practising solicitor is not relevant to your duties at the nursery which appear to be purely admimistrative in your capacity as their business manager.

 

Therefore since it is not relevant to your current employment at the nursery why is it necessary to mention that factl? unless of course it is designed to intimidate/worry those you have dealings with; and if you did not, as your letter suggests, make the decision to threaten me with legal action, fixed costs, court costs and statutory interest please advise who did.

 

Thirdly as stated I spoke with the acting manager Mr XX from the onsett of my daughters attendance; you must/should be aware that I could not have spoken to Mrs XXXXXXX who was on long term sick leave from October 2010 and did not return to the nursery before she tendered her resignation.

 

I trust you will refer copies of my correspondence to the nursery owners and the acting manager with whom you are alledgedly going to discuss this dispute .

 

I hope this matter can now be dealt with as expediously as possible.

 

Yours

 

 

Mrs XXXXXXXXX C.A.G.G.E.R (hons)

 

Again my letter is just a suggestion of how you might want to respond, tweak as much as you need to.

 

Good luck

Edited May 8, 2011 by bubbsie1
mistakes

[wittsend]

I love it when people phone me for surveys and ask what i do for a living, when i reply "Escort" it all goes quiet, then you get "Pardon"

reply "childrens escort" ohh right

 

mrs witts

[cerberusalert]

Cerberusalert

 

it depends entirely on what kind of 'soliciting' you mean

 

Either one, they both tend to be specialists in their own field.

[joeblogs]

Thanks Bubbsie1 and BazookaBoo, I am so grateful for your help and assistance. I am going to go with Bubbsie1 letter with some tweeking of Bazooka Boo letter (thank goodness my daughter leaves this coming July). I will hand deliver it to them this coming Friday and will let you all know the outcome. Thanks again for all your kind help, advice and support.

[bubbsie1]

Hi JB

lwhen you do your letter I wouldn't engage in any discussion of her explaining her role/right to be included on the solicitors roll , she knows you are aware of the regulations and as for forwarding a copy of your letter to 'those bodies' you have spoken to, no need to do that she can give them a copy when they contact her.

 

I have little dout that she took the decision to refer to the court action costs etc, can tell from the way her letter is worded.

 

Just sometimes better to say as little as possible

[joeblogs]

Thanks Bubsie, Funny how she has not mentioned County Court, Interest etc in this letter and has to refer the matter to the owners and acting manager, so why did she take it upon herself to become this self appointed debt collector if she cannot follow it through, made her look a right fool.

[bubbsie1]

Hi JB

 

I think she like a lot of lawyers she is too full of her own self importance; in fact I am wondering if she has ever practised at all.

 

She just assumed you'd think 'oo er I'm in trouble now better pay' stupid crow!!

 

Let me know how it goes and when you hand in your letter ask for a receipt.

[joeblogs]

Thanks Bubsie, I will definately let you all know how I get on. Thanks for the time and trouble you have spent helping me.

[bubbsie1]

You are welcome JB lets hope that's the end of it!!

[count orlok]

Whatever she is soliciting (for a solicitor could be construed as someone who solicits), be it pleading for something, asking somebody for something, offering sex for money, or getting somebody to do something wrong. She obviously is not very good at it if she no longer practices. Also if she knew how to do it in the first place she wouldn’t need to practice anyway.

[DonkeyB]

It’s an issue of semantics and meaning.

 

Why sign herself as a ‘solicitor’, practising or not, if it is not necessary and (as she states) has absolutely no relevance at all to her current job function?

 

Unless she means to intimidate you by using the title? Which would be wrong and against the rules.

 

Continue to complain, vigorously, via the SRA. She signed as a solicitor. She has not adequately explained why she needed to do so.

 

I’m FRAS, FRGS, BA (Hons), BSc (Hons), MA, and NUJ, and God knows what else (that’s an age thing, you tend to collect them), but I don’t use them when I write to my clients (or anyone for that matter).

 

Reminds me, must work on a PhD... maybe even an LLB?

 

OK, I’ll stick to BS... but please put the boot in. It’s nasty and upsetting behaviour that needs nipping in the bud. Little Hitler? Who said that?

[bubbsie1]

Donkey don't bother with an LLB I have one and I could think of much better ways to spend your tiime!!

[caledfwlch]

I am a Mr Caledfwlch GNM when DCA's Call. Got No Money

[Bazooka Boo]

"Hello, this is Boo D.I.L.L.I.G.A.F speaking, how may I be of assistance to you today?"

[joeblogs]

Hello Everyone

 

Can you help me again please.

I have this afternoon hand delivered the letter you kind folks have helped me write.

 

Prior to getting home with my children, my sister received a phone call from the Proprietor of the nursery asking for myself.

 

I have failed to update the nursery with my new mobile number and also my landline number, the proprietor told my sister that it was a legal requirement that the nursery be given up to date phone numbers as they were due an Ofsted Inspection.

My sister told the proprietor that when I returned home I would call them.

 

I called the proprietor a few minutes ago and the conversation went along the lines of this:-

 

The proprietor asked for the up to date phone numbers which I gave to her.

'Whilst you are on the phone, the letter that you have handed in, I have opened it although I have not been involved with this, but I want to draw a line under it as I do not like the nit picking'.

 

I replied 'I dont wish to talk about this over the phone, whatever you have got to say please put in writing'.

 

She replied 'well I dont like the way my staff have been talked about'

 

I replied 'I was not the one who started with the rude letters'.

 

She said 'I was with the acting manager, I know it was a long time ago but I heard you say that if your daughter was not entitled to free school meals you would pay'.

 

I said 'Please repeat that'

 

She then repeated the sentence and

 

I said 'Like youve just said, it was a long time ago, initially yes, but I did not expect the answer to take four months in coming, I am going to finish the call now as I am not going to continue with this conversation'

 

She then said 'you did not write this letter, you've got someone to do it and just signed it'

 

I said 'how do you know, how can you judge me?'

 

She said 'are you a non-practicing solicitor'

 

I replied 'no, I am a non-practicing doctor'.

 

She then said 'I want you to repeat what you have wrote in the letter to me then'.

 

I replied 'I am not having this conversation any more, goodbye' I then put the phone down.

 

How on earth do I respond to this,

I feel belittled and made to look stupid by her ordering me to 'repeat what I have written in the letter'.

Please good people, help me.

 

I really feel I dont want to send my daughter back to this nursery, but they have had the funding from the Council for my daughter.

I am going to call the Council now and ask about the funding.

 

I have sent copies of all letters to S.R.A. I feel totally humiliated and very upset.

I feel I did not handle the conversation very well.

Sorry, but I am on a downer now.

 

Just another quick note, maybe its time I complained in writing to the Council,

I have spoken to them on the phone when all this first cropped up, but decided not to get them involved if the nursery were going to play ball.

 

Also, I feel Ofsted should know about this and I could do with help with penning a letter to them.

 

Sorry to bother you all, but I am very very upset at the way I have been treated, and if they are treating me like this, then how are they treating the pupils and I am worried they will target my daughter now.

 

Thanks everyone

[hightail]

She said 'are you a non-practicing solicitor

 

And the point of asking that was ............ what? This conversation was worthy of one with a debt collection agency - an attempt to bully you without there being any lasting evidence.

[Bazooka Boo]

OK it is fine to feel angry and p'd off, I'm getting annoyed just reading about it! My first reaction was to throw the computer out of the window! But clearly that will get no-one anywhere.

 

The very best thing to do is to transcript as much of the call as you can remember, date, time, the witch you spoke too.

 

Then write down what it is you want to happen, who you want to inform etc.

 

Open a bottle of vin rouge, sit & watch your favourite romcom(?) fall asleep and wake up tomorrow, with a clearer thinking head.

 

As you rightly say, they were the ones who instigated all of this, and to date they have fallen way short of any sensible productive resolution.

 

All the people you want to get involved, make a note of them, get contact details for them etc.

 

Again, this is YOUR personal private number that YOU pay for, YOU have the choice of who YOU wish to speak to over YOUR phone, if being polite does not work and they fail to listen to your request to put their concerns in writing, then simply say "Goodbye" and hang up.

 

I am quite sure when you paid for your telephone line you didn't do so, so that others could abuse you over it and belittle you? YOU are the one who is in control, remain in control by asking the questions, always answer a question with a question, that way then they will know who is in the position of authority!

 

Try not to let it get you down too much, it is far too easy to allow your feelings at the minute to cloud your better judgement, let it pass, then give back twice what miss bossy boots gave.

[joeblogs]

Hello again and thanks for your support.

 

I have just come off the phone from the Council.

I have told the funding department the saga and that I am not sending my daughter back to the nursery.

They have advised me to take a hand delivered letter to the nursery Monday morning explaining that my daughter is not returning back to the nursery due to the threatening behaviour they displayed.

 

The Council said dont give four weeks notice, just put in the letter the word 'notice' and we will cease the funding at the nursery.

 

They advised that I should involve Ofsted if I feel so strongly about it and also themselves, I also told them that the nursery said 'they had not got a duty of care'.

 

The Council replied 'this is ridiculous'.

 

Can you please help me with this notice letter to the nursery. Thanks

[hightail]

She then said 'you did not write this letter, youve got someone to do it and just signed it

 

You mean like high powered bosses get their secretaries to do all the time? Pour that glass of wine and leave the letter until tomorrow. A bit of distance and perspective won't hurt.

[disgruntled2007]

Hello again and thanks for your support. I have just come off the phone from the Council. I have told the funding department the saga and that I am not sending my daughter back to the nursery. They have advised me to take a hand delivered letter to the nursery Monday morning explaining that my daughter is not returning back to the nursery due to the threatening behaviour they displayed. The Council said dont give four weeks notice, just put in the letter the word 'notice' and we will cease the funding at the nursery. They advised that I should involve Ofsted if I feel so strongly about it and also themselves, I also told them that the nursery said 'they had not got a duty of care'. The Council replied 'this is ridiculous'. Can you please help me with this notice letter to the nursery. Thanks

 

perhaps short and sweet is in order?

 

e.g.

 

I hereby give suchanursery notice that I am withdrawing suchachild with immediate effect.

 

yours,

 

Mrs.suchachild

 

 

There may be people in a better position than me to offer suggestions though!

[Bazooka Boo]

Edit and amend to suit, you might have an up to date dictionary?

 

Dear Sir/madam,

 

After seeking further advice regarding your threatening behaviour toward me and the wholly unacceptable behaviour in the removal of my son (enter his name if you wish) I am removing my daughter (name) from your Nursery with immediate effect.

 

The local authority is aware and has ceased funding for my daughter. I will be seeking further advice and if necessary on taking such advice, be seeking legal redress against the Nursery.

 

Regards.

 

I'm not too confident about the last para, so wait and see if anyone else advises whether to leave it in or remove it. Either way I fell it should simply state the facts and be succinct, no flannel, no emotion, straight to the point.

 

The battle of words can begin afterwards, but they will have lost out as they have now been denied the funding for your daughter, and if Ofsted do get involved then the ramifications could be far reaching, and all because of a belligerent woman....

[ScarletPimpernel]

Dear Sirs (bound to irritate the non-practicing female)

 

Having taken advice from (Council name), take notice that I am withdrawing my child (name) from XXXX Nursery with immediate effect.

 

I require all communication between XXXX Nursery and myself to be in writing. This is because I perceive the behaviour of (name) to be threatening and harassing in nature.

 

Yours faithfully