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Has anyone had to take parents to court?

26 replies

cherryyellow82 · 07/03/2009 13:58

Ive had to terminate the contract with a family as they got nasty with me when I nicely asked where the rest of my money was & its looking like court as they are playing nasty/dirty

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Ivykaty44 · 07/03/2009 14:01

{sad] that really is bad, I have no words of advice but hope someone will be along soon. Perhaps stick this in legal to see if anyone has advice?

cherryyellow82 · 07/03/2009 14:17

Thank you for replying, where is legal please?

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TheOtherMaryPoppinsDiets · 07/03/2009 14:36

Click on topics list at the top ^^ and it'll be on there.

What are they doing re: playing nasty/dirty?

cherryyellow82 · 07/03/2009 14:40

Thank you x

They sent OFSTED a letter with 12 fabricated compmaints but that was quashed & they dont believe them but they are going round telling people where I live that me & my kids have done things that we havent! and telling their neighbours things about my sister (sister knows their neighbours) and they are saying they are waiting for 2 reports from diff goverment agencies about me but I cant think who they mean!

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TheOtherMaryPoppinsDiets · 07/03/2009 14:45

I think you need to get soem advice from a solicitor about this as they are going to harm your business by this slandering ( or is it libel can never remember which is which!) Sternly worded letter may stop them.

I think they are bullshitting you btw about govt agencies, it would only be Ofsted who they could complain to and they wouldn't tell them anything anyway, plus you yourself would know about it by now! Or perhaps HMRC? Again in which cse you'd know about it.

cherryyellow82 · 07/03/2009 14:49

OFSTED wrote to me & I replied with a report & they have taken no further action.

I have a solicitor via the NCMA acting on my behalf & they had until yesterday to pay but didnt & wrote to my solicitor saying about these g'ment reports etc

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nomoreamover · 07/03/2009 16:27

ok they are breaking the law - as mary poppins has already said - it is slander (libel I think is the one thats in writing....??!). They will do untold damage to your reputation and you need to put pressure on the solicitor acting for you to get some things to them in writing - particularly about the slander - they need to realise you could sue them for loss of earnings and damaging your reputation.

Stick with it - the NCMA will back you x

HappyMummyOfOne · 07/03/2009 17:09

Re the slander, you'll need a letter from your solicitor warning them. If the things they are saying are true, then obviously the solicitor cannot help (assuming they are not though from the brief details you have given).

Re the court side and owed money, you'll need a copy of the contract and the chasers you have sent for the outstanding balance. Assuming they were late in paying and you sent a reminder then you just need to warn them of the pending court action by recorded delivery.

If still no payment and you are confident your contract and paperwork is water tight, then you can do a claim online - there is a fee payable for this. The other side then have to either choose to defend or advise the court they will settle.

If they defend, the judge can either make a decision based on the paperwork submitted by both sides or decide to so a small claims hearing. There is an allocation fee payable by yourself if it gets allocated to a hearing. If the other side fails to show you autoatically get awarded the judgement in your favour (providing they dont get the judge to agree a last minute adjournment), if they show you battle it out and the judges outcome is final.

You cant claim solicitors costs in small claims so unless you have free representation (dont know much about NCMA sorry) but can reclaim the court costs of issuing. The defendent gets the choice of court but assume you are both local to each other so this wont be an issue.

If you do get to the court issue stage, keep the details short and accurate on the form.

HappyMummyOfOne · 07/03/2009 17:10

Forgot to say, even if you are awarded judgment the other side can still refuse to pay and then its more costs to enfore the judgment.

outnumberedbymales · 07/03/2009 17:15

I have been through the court with the assistance of NCMA. It went to court and I paid an additional £95 costs. The judgement passed and that is where NCMAs free representation ends. I now have to enforce judgement which means more cost to me and still no guarantee of getting paid.

Good luck with your decision, I know how you feel x

cherryyellow82 · 07/03/2009 21:21

The NCMA have assigned me a solicitor & I have mentioned to them that they are slandering me & my children

outnumberedbymales can we chat off here at all?

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nomoreamover · 08/03/2009 13:24

God its so unfair all this - poor you. All the very best luck

Saltire · 08/03/2009 14:10

I had to take a non-paying parent to court once,a dn threaten another one who was slandering me.

cherryyellow82 · 08/03/2009 14:57

Im worried about it going to court but they are saying they are waiting on reports from 2 government agencies about me!

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HappyMummyOfOne · 08/03/2009 15:11

Maybe they are bluffing. You say you have done nothing wrong so what can the reports possiby show? If Ofsted have dealt with the complaint and are satisfied with you then any report will simply confirm this. I can't see what other reports they can get due to the data protection act.

As long as you are confident that you followed correct procedure re the notice and non payment as per your contract you should not worry re the court. It may never make it to that stage anyway.

cherryyellow82 · 08/03/2009 15:53

OFSTED have closed the case with no further action & bascialy said the whole thing w as farse!. My solicitor is via the NCMA so I sent them every bit of paperwork to do with this family that was requested & they are happy that the contract was filled in correctly & that my notice of termination letter was fine & they agree with the amount I am owed. Its just so frustraing!

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cherryyellow82 · 08/03/2009 15:54

Also meant to say they have said they are due these reports around 20th March so will forward them to my solicitor & theirs (which they have mentioned 3 times now but I am yet to hear from) but I cant think who these other agencies could be!

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outnumberedbymales · 09/03/2009 08:37

Sorry, not been on all weekend. My email address is [email protected]

cherryyellow82 · 09/03/2009 11:34

emailed you x

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Jenf2306 · 09/03/2009 17:33

i am currently taking a parent to court - have a date for beginning of may.

i had a parent leave without giving notice and i have also been accused of alsorts.

good luck xx

cherryyellow82 · 09/03/2009 18:29

Jen I have messaged you hope thats ok x

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Jenf2306 · 09/03/2009 21:12

that fine cherry, i'm new on here so not sure how to pick up messages??

cherryyellow82 · 09/03/2009 21:33

it should have gone to you email address, my email is [email protected] x

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kylesmyloveheart · 09/03/2009 22:02

they sound so peed off. how did it all go so wrong?

cherryyellow82 · 10/03/2009 07:52

They didnt pay me & when I kindly asked where the rest of my money was after a week of excuses she got really funny with me and the way she spoke to me was disgusting!

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