Nursery taking me to court next week over fees!!

[Charlene1]

I have always had an arrangement with our nursery to pay the fees in arrears as when dd started, it cost more than I was earning to send her, so we have forever been behind by a mont, playing catch up. Other parents do this as well.
She has left to start school, but the mgr got stroppy with me a couple of months ago saying the accounts department were demanding all fees be settled by the time she left - I said OK, but due to not having full wages and bills to pay this month, I couldn't pay it off on the day it was due. Nothing was put in writing, the manager said on the last day of nursery "We want a post dated cheque to cover it or we send it to debt collectors". This was in front of other parents and I was humiliated.
I said I would bring in cash when it was due. Obviously because I simply did not have the money this month, I was hoping she was bluffing to frighten me and I could go in and pay it off this month instead in full =, end of matter. I expected a nasty letter from accounts, at worst a debt agency letter or something.
I did not contact them last week, as frankly I never want to speak to that woman again after the way she hounded me nearly every day,for weeks, asking for a cheque and spoilt my daughter's last day there. I don't have a cheque book, and she knew I didn't and she knew my partner had no money in his account to honour any cheques he wrote!!
I have not had any letters or phone calls from the accounts dept or the manager in all of this - it was always verbal.
I have just received a summons yesterday - but I am not the only one who still owes money to them!!!!
I have to pay the full amount in 14 days and a fee of £35 or I get a CCJ!
I was paying it anyway before the 14 days are up, but partner was going to take cheque into their office (I was going to transfer the money from my account to his to cover it etc so I didn't have to take the cash in to her personally)

Problem is, court papers say I have to pay the costs as well as the amount owing, and I am supposed to do a income/expenses form.

So my questions are:

1. Surely I don't need to fill that form in or pay the costs if I am paying before the deadline? I think it is a bloody cheek to charge me for sending a form in the post!

And surely I only have to put my income and expenses that I pay from my wages as it is my debt not partners??? He will not allow me to put his details on as we are not married etc, it's none of their business etc.

1. The accounts dept is in a different town, but I don't trust the mgr to tell them I've paid it to her, or for them to say they've had it by registered post etc!!!

So is a cheque payment accepted by the court as paid the minute it physically reaches them, or 5 days after when it clears, as it may not clear in time??

1. Do I still get a CCJ if I have paid it BEFORE the deadline of 14 days???

(I had a summons for water years ago, but I rang them and they cancelled all action after I agreed a payment plan with them - no CCJ)

1. Is this even legal to serve these papers on me with no written warning from them????

chapstickchick, agree with everything you say. Charlene (op) only posted to get some advice. She had talked to the nursery manager. Wonder if all the nasties posting on this site have blameless lives.

There but for the grace of god go all of us. If I am ever in the same situation, I hope I would be treated in a nicer way.

Hope everything goes ok, Charlene.

Fairlady + squeakypop - you obviously missed my post where I explained she was still supposed to be there part time AND for holidays - she only left the pre-school bit that the nursery grant goes towards" - we would have been paying full fees this month. Squeakypop - I don't expect to be owed a living - if I did, I wouldn't be working would I? I just expect fairness amongst all the parents owing money.
sitdownpleasegeorge - no, we didn't see a huge electric/gas/phone/bank charges bill - there was no way we could have put anything aside - if we had spare money we would have paid off the bill before now. Our arrangement was the same as quite a few others - at least we have paid up now!!
And no, we don't have takeaways and wine or nights out - and my daughter didn't even get a birthday party as we couldn't afford it - so no, we don't have luxuries.
as chapstick said - we are not in aposition to have savings yet - we just don't earn enough.
(Thank you chapstick and cheshirekitty!)
I didn't see the manager when we paid it thankfully, the assistant gave us a receipt - and I have phone the courts to tell them I've paid.
they agreed costs should be refunded due to having no warning, and cos we've already paid them in full - they are sendng the form to me, and I have to send the receipt off.
Hopefully that will be the end of it!