King's Interhigh/ACT letter of claim now claimform - online schooling fees

[Bellarose]

Hi,

hope someone is able to give me some advice regarding an online school.

payment was stopped. 

Teaching was of a poor quality, software problems preventing my daughter from joining the lessons. 

Terrible communication, teachers didn't bother getting back to emails.

Overall not happy with the services provided. 

I signed the online contract in September 2021 but the payments were being made by my ex partner, they acknowledge this. 

As payment for the next term wasn't made they blocked her account and as a consequence unable to join the lessons.  Also, they have kept the £500 deposit. 

They have been hounding me for payment but I have explained that I do not have the funds to pay as it was my ex partners responsibility but also taking into the account the poor teaching etc.

Please note that at the time I signed the contract it was called Interhigh but has since changed to Kings Interhigh,  not sure is this has any relevance. 

I now have ACT credit management sending me threatening letters and phone calls. 

Is anyone able to advise how I should proceed?

Thank you 

[BankFodder]

What is the value of the outstanding sum?

 

What evidence do you have of the poor teaching? Do you know any other parents or students who have been affected

[Bellarose]

Yes, from reading King's Interhigh reviews there have been other parents with similar issues.

 

The sum is £1,517.05.  This amount is for the remaining months left on the contract but she didn't attend any of the remaining classes due to being blocked.   

 

Unfortunately all emails about any problems etc were made using the online platform which we no longer have access to due to non payment.  My daughter would email teachers and not receive a reply other times when files would be blank she'd be told not to worry etc. Unable to join classes due to software issues etc 

 

Yes, from reading King's Interhigh reviews there have been other parents with similar issues.

 

The sum is £1,517.05.  This amount is for the remaining months left on the contract but she didn't attend any of the remaining classes due to being blocked.   

 

Unfortunately all emails about any problems etc were made using the online platform which we no longer have access to due to non payment.  My daughter would email teachers and not receive a reply other times when files would be blank she'd be told not to worry etc. Unable to join classes due to software issues etc 

[BankFodder]

First of all I would try gathering evidence of the whole provision of the education. You will need to start contacting other parents and suggest them that they may be protected from having to pay any further money and possibly might be entitled to recover money that they have paid but of course it would depend on them joining forces with you and providing you with the evidence.

If they are claiming the full amount even in respect of time which during which she was not allowed to access the online account and they are effectively trying to levy an unfair and extortionate penalty.

Does this take into account money which was apparently owed in respect of classes which she did access and yet you didn't pay for? Or do I understand that the money was due to be paid upfront and wasn't paid therefore they block the account and are now proposing to pursue you for the upfront money which was never paid?

[Bellarose]

Thank you for your reply. 

The money was due to be paid in advance but as soon as they didn't receive the money they blocked her account.

I did explain that it was my ex partners responsibility to make the payments, I provided them with his contact details etc which they confirmed receipt  but instead they are chasing me,

I assume it's because I signed the contract. 

[BankFodder]

The partner is irrelevant and it only demonstrates a weakness and even almost a passive acceptance on your part.

 

Your position is twofold.

Firstly the quality of the educational provision was below the standard that you could reasonably have expected -it was not the standard which was promised in the contract.
Secondly, if they had an issue with you failing to pay the sums which they considered were due and it was for them to take action to recover the money but in fact they have resorted to a punitive measure of depriving you entirely of the service and yet attempting to charge for the provision of the entire service.
This amounts to an unenforceable penalty because it does not reflect their administrative expenses.

If it transpires they are entitled to recover a certain amount then that amount would have to reflect any administrative costs incurred as a result of your alleged breach of contract.
Without any admission, you invite them to supply you with a detailed breakdown of their administrative costs so that at least the situation can be clarified and the amount of any debt which might be due to them can be refined.

As I have already said, start gathering some evidence also draft a letter broadly speaking reflecting the points I have set out above

 

[dx100uk]

where does anything say 'taking legal action'???

all you have is being pestered by a powerless dca AST, acting for their client Kings.

simply ignore them..

a DCa is NOT A BAILIFF

and hve

ZERO legal powers on any debt.

the 2nd term/year etc was not paid in advance as should have been , so access was blocked and they 'claim' you now owe something, but they have your £500 deposit too...urm..

only Kings can ACTUALLY do anything, and IF IF IF they want to ...

they would have to send a letter of claim 

pers unless you are out of pocket and want that back then just ignore it.

dx

  

[Bellarose]

Thank you for taking the time to reply.  I am so worried about bailiffs turning up at the house when my daughter is here & also a CCJ.  This is the last communication received from ACT...

 

NOTICE BEFORE TRANSFER TO OUR LEGAL LIAISON DEPARTMENT

Client: Reddam House Berkshire Limited T/a Kings Interhigh
Our Reference: '..............
Amount Due: £1,517.05

We have written to you on several occasions regarding the above debt.

Despite our communications, you have failed to discharge the balance owed to our client. Therefore, we have been left no alternative but to recommend that our client instigate Court action against you.

WHAT MAY HAPPEN IF YOU FAIL TO PAY
Your file may be passed to our Legal Liaison Department and a Claim could be issued through the County Court. At such point, our clients’ claim will include the principle sum, court fees and chargeable interest. These documents could then be served upon you by the County Court in the form of a Claim Form. Should you fail to act upon receipt of the Claim Form, our client may proceed to enter a County Court Judgment (CCJ) against you.

County Court Judgments are registered with the Credit Reference Agency. Your credit rating could be affected if you have a CCJ against you. A CCJ will appear on your credit report for 6 years, even if it is paid.

We would urge you to contact our team to discuss payment options and avoid legal action. Please call us on 0203 1500 150.

HOW TO PAY
Payment can be made by a credit or debit card over the telephone or via our website: www.actcredit.com. Alternatively, you may send a cheque payable to “ACT Credit Management Ltd” to the below address. You can also pay by bank transfer: Bank Name: Santander – Account Number: 41193555 – Sort Code: 09-06-66. Please ensure your reference number is quoted on all payments: T008427.
 

[dx100uk]

looks like you've never had a letter from a debt collector before?

 

ACT wont have a legal liaison dept , for them to recommend your case too, its a LIE!!

and even if they did, the are not the owner of the debt, kings are, and only the OWNER of a debt can raise a court claim NOT A DEBT COLLECTOR.

 

its all bs, that people simply dont read properly.

 

nowhere does the letter say WILL anything.

 

and as for bailiff coming to your door, you do realise that no bailiff can EVER be involved in a debt UNTIL its been to court and YOU LOSE..and dont payup within 30days, and even then they would have to ask for a JUDGE to send bailiffs ... none of which will ever happen.

 

dx

 

 

 

 

[Bellarose]

Thank you again for taking the time to reply, I appreciate it.  My only concern is that I have emailed King's Interhigh but they have said that I have to contact ACT & set up a payment plan.

This is the last communication received from them. I have deleted contact details 

 

Good afternoon,

 

We have been investigating your account which has caused the delay in a reply so please accept our apologies for the delay.

 

We have indeed instructed ACT to act on our behalf on your account due to the non payment and we can intervene as you say to pull the account from them but this can only be done if payment is received for the outstanding amount.

We chased both you and Mr  for payment but did not receive anything after several tries which left us with little option other than to proceed with passing the account over to ACT and as you are the person who signed the contract you are liable for the payments.

 

We are more than open to setting up a repayment plan suitable to you but we cannot simply cancel the outstanding amount.

 

Please reach out to ACT and we can avoid any court proceedings if an agreement can be reached.

 

 

Kind regards,

 

[dx100uk]

NO!!

 

you dont owe anything , classes were blocked, and they've swallowed your deposit.

 

dx

[Bellarose]

I wish I would have found this page earlier!

 

I've spent sleepless nights trying to work out how I'm suppose to sort this out. 

 

Am I right in saying that even if they were to file a claim through the county court I would get the opportunity to attend court & defend my case? 

Edited November 4, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

even better than that... as ive already stated. read again about letter of claim above

 

if you are happy to walk away, you owe nothing to no-one its simply an online training scammer

we've seen 100's of them here. 

 

imho id go get your £500 deposit back, as what was that for? to ensure you continued to get scammed if you didnt pay in advance... so where has that gone? poof vanished cheeky beggars.

 

dx

 

[Bellarose]

we know what we said earlier

 

Thank you again.  I wouldn't even know where to start in terms of getting the £500 deposit back,  I don't have the legal understanding of how it all works or how I would approach and word it correctly but yes you're very right they do this to make sure you pay up! 

[dx100uk]

see where this goes, but we might help you hit back if it goes on. IMHO they should give it back!!

 

dx

 

[BankFodder]

You seem to be overlooking the very strong advice that you should start gathering evidence.

 

In the event that they do make a claim against you then you can be certain that you will need the evidence. Whatever happens you should start gathering evidence of their inadequate performance straight away.

This should be your main priority

 

 

 

[Bellarose]

Thank you. I think I will struggle to find the contact details of the other parents as it's an online school & I didn't get to meet any of them.  I am just going by the reviews that I have read. If I were able to access the online portal I'd be able to take screenshots etc 

[dx100uk]

SAR kings, they must supply them 

 

Screenshot s of webstuff is ok as evidence too. Even if anon .

 

Dx

[dx100uk]

because you paid a Deposit.. you must have signed an annual contract (there is no deposit for termtime only ones)

the online contract states:

 

If fees are not paid annually in advance, the following Deposits are required:
- For students based in the UK, a refundable deposit of £500 is required prior to the Start Date.

 

note is says REFUNDABLE.

 

there is nothing that states WHY the deposit WAS required...nor what it's used for.

 

go get it back.

 

all you have is a scary DCA letter 

 

both a total bunch of scammers...as are most online learning portal providers.

 

dx

 

 

 

 

 

[Bellarose]

Would it be ok if I were to email the accounts dpt & ask them for a breakdown of the money they say I owe? Also, what has happened with the £500 deposit?

[BankFodder]

Yes, you can certainly do that.

If they refuse to respond or if they failed to respond after about 10 days then send them an SAR. The moment make it simply an ordinary polite request

[Bellarose]

thank you

 

The total amount they say I owe is as follows; 

 

Fees - £2017.05 - £500 deposit = £1517.05

 

Suppose I should be grateful that they are using the £500 deposit to deduct from the total amount!! 

[dx100uk]

looks like a very expensive course to me

£2000+ for the rest of the year from when payments stopped - which was? and how much had been paid already do you know?

ruddy scammers.

 

as it mentions the £500 deposit i suspect you signed their annual contract on not term to term only?

 

 

[BankFodder]

I don't think you should feel grateful at all. You shouldn't put yourself in the position of a supplicant

[Bellarose]

Yes it was the yearly contract as that was the cheapest option.  The other option you were able to cancel at anytime but a lot more expensive.  It's the fees from March onwards, my daughter was blocked anyway