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Original poster

stupid school have wrongly charged me for school dinners...

156 replies

mumatron · 05/03/2012 14:40

and apparently there is nothing I can do except pay it.

£271.

My dc changed schools a year ago, a few weeks later I had a letter from the local council addressed to 'parents of DS' with a bill for the above amount.

obviously I phoned to query it, the man from the council said he would look into it. I also called the school who apologised and said it must have been an error on their part.

My ds had been in the school for 4 years and had never had dinners, I have never qualified for the free dinners scheme.

since then I have periodically had letters threatening baliffs etc, each time I call the council I am told it is sorted.

Friday I came home from work to find a hand delivered letter from a baliff saying they will be coming on 09/03/2012 to remove goods. This is the second time this has happened. Called the council again and have just been told that after speaking to the school the debt is actually mine and as they have invoices I have no option but to pay it. I can make an appointment with the school to see the invoices they have. what good is that going to do? unless they have pictures of him eating £271 worth of dinners.

I should also add the school never once sent a letter home from school to say that there was any amount outstanding, or that they had needed to give him dinners for any reason.

Any suggestions as to where the hell I go with this?

TIA

OP posts:
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laurz75 · 05/03/2012 14:47

Go into school now with the letters and ask for their help to get this sorted. Say you will wait if they're busy and sit down and wait! Speak to the head if needs be. Ridiculous!

laurz75 · 05/03/2012 14:48

As long as the old school isn't miles away of course..

Original poster
mumatron · 05/03/2012 14:52

I've just spoken to the school and all they will say is they have the invoices. they will not budge. I cant get up there (appt or not) until next wed. my next weekday off. just called number on baliff letter again and is not prepared to wait until I try and get this sorted.

the whole thing is a farce.

OP posts:
learnandsay · 05/03/2012 14:55

I can't understand how a bailiff can presume to have any right to take anything anywhere unless he has an order from a court entitling him to do so. I'd be telling him where to stick his letter.

EdithWeston · 05/03/2012 14:55

They may have invoices, but they actually have anything to show that you ordered school lunches and that these are therefore relevant?

Original poster
mumatron · 05/03/2012 15:00

edith thats what I said to the council. what good is me traipsing all the way up there to look at invoices. Its not like I'm going to suddenly remember him having that many school dinners.

It works out to be 169 dinners. I think the school would have been in touch with me long before he has 169 free dinners.

they saw me every bloody day fgs.

OP posts:
ShatnersBassoon · 05/03/2012 15:00

How on earth did they allocate to your son this amount owing? You've never requested school dinners, he's never eaten school dinners. Invoices mean nothing.

PineCones · 05/03/2012 15:01

Write to the papers I think.

PineCones · 05/03/2012 15:02

After paying of course. And keeping very clear written proof of your objection. Eg email or letter to council saying "on x date you charged me y. On z date I spoke with abc and explained why I should not have to pay.." etc

hippoCritt · 05/03/2012 15:03

is it worth a call to your MP? Someone needs to get somebody to do something, how awful for you, or even a local paper, I wouldn't normally say that but it's quite a short deadline to get somebody to do something for you.

learnandsay · 05/03/2012 15:04

PineCones,

Why would anyone pay a bill they don't owe?

spendthrift · 05/03/2012 15:04

Have you kept records of your phone calls to the council?
If so add them to the formal email you are about to send to the school, to the chair if governors and head, cc the dcs at the la. You should also think if copykng in your former ward member and the cabinet member for education. You might say to them that it would be a shame if the council and school got a poor reputation for financial probity and bullying parents as that is the sort if thing the local press can pick up etc. You will have to be absolutely certain your dc never queued up with friends

Tiggles · 05/03/2012 15:06

Get them to scan in the invoices - and every register they have had to tick showing your child had/requested school dinners. Or get them to fax them to your work fax.

Original poster
mumatron · 05/03/2012 15:06

I'm going to have to pay it for now and try and complain later. I have requested the school send me all the invoices they have, just for my records.

The person I spoke to today (from the council) is saying that it must have been her I have dealt with in the past. I know for a fact it was a man. She is saying she is the only one with the authority to say whether the debt is liable or not.

OP posts:
Tiggles · 05/03/2012 15:07

oops meant 'scan and email'

Original poster
mumatron · 05/03/2012 15:12

spendthrift all I know is the first persons first name and dept from the first time I called and the woman I am dealing with now.

I am too scared of the baliffs calling to not pay it.

obviously I cant be 100% sure ds didn't ever have a school dinner, there may have been an occasion he forgot his lunch bag but I would have paid anything owed that day. (this has hapened to dd twice at new school)

OP posts:
Thistledew · 05/03/2012 15:16

The bailiffs do not have any right to seize your property without a court order. Do not let then in your house under any circumstances.

The school should not have been able to get a court order without you knowing about it, as when (if) they instigated court proceedings they would have been obliged to notify you that they have done so, and as they obviously know where you live, there is no excuse for them not to do so. If they have been able to get a court order, and did not notify you that they were intending to seek one, the you will be able to apply to the court to get the order set aside on the basis that the proper legal process has not been followed.

If they did notify you that they were intending to take the case to court but you ignored it, you will have to go back to the school to sort out the problem.

Do you know whether it is the school itself who is claiming the money or your LEA? You need to find this out first.

Then you will need to write to the school/LEA (depending who is claiming the money), sending the letter by recorded delivery and keeping a copy of it, to say that your son never ate school meals, and asking them for a copy of -
Their policy on the agreement they have with parents regarding the provision of meals.
Your authorisation for your DS to have school meals.
The invoices they say they sent regarding the meals.
Copy of the court order confirming the debt against you, and proof that they notified you of the proceedings and of the order that was made.

Ask them to confirm on immediate receipt of the letter that they will contact the bailiffs to suspend their action against you whilst this is investigated further. Ask them to provide the requested documents within 5 working days.

Point out that you have notified them in the past that there has been an error, and that you consider their failure to halt the bailiff action to be indirect harassment of you.

Is there any chance that your DS has been eating school meals but has not told you? Unless your DS is at 6th form I think that they would still be on very shaky ground in trying to charge you for meals they have given him without your authorisation, but it may explain what has happened.

PineCones · 05/03/2012 15:17

Learnandsay - that's just my chicken self not wanting OP to get into an unpleasant situation with the bailiff.

Thistledew · 05/03/2012 15:21

Do not pay the bailiffs anything. That is madness. Write a letter as I have suggested, and copy it to the bailiffs with a further letter asking them to produce a copy of the court order, which they must have sight of to lawfully seize your property or make demands for payment. If you notify them that any order (if one does exist) was obtained unlawfully, then they would be on notice that their demands to you are potentially unlawful.

tantrumsandballoons · 05/03/2012 15:21

The bailiffs can't take anything or do anything unless you invite them into your house, they certainley can't break in and remove your goods (DH is a bailiff)
They will however charge for each time they call round.

Contact your county court and file a statutory declaration, this means you are disputing the amount as you never received letters from school etc. once you have filed this, the warrant will be "on hold " for 28 days whilst you try and sort it out and you will only have to pay the original amount, not court cost etc

My DH has been a bailiff for 10 years btw and never had a warrant for outstanding dinner money, he thinks this is really odd, and asked are you sure this is what they are calling for as it seems wrong to him

learnandsay · 05/03/2012 15:22

Does this bailiff have a court order? If not then even if he comes back he can't do anything. If he does have a court order then you're better off paying. But you should really distinguish whether he has one or not first.

www.lovemoney.com/news/debt/debt/439/what-can-bailiffs-do-to-you

Looksgoodingravy · 05/03/2012 15:30

Can understand your frustration, how can a school now say that you owe 4 years worth of lunches, I'm gobsmacked tbh. At ds school we have to physically go into school and the Buisness Manager (I think that's her title) ticks off ds name and how much I've paid. Hope you get this sorted.

nickelhasababy · 05/03/2012 15:34

do not let the bailiffs into your house

they cannot cease goods without a court order , and cannot enter wthout your permission

Original poster
mumatron · 05/03/2012 15:35

I'm not 100% sure if he has a court order, I'll try and call him back and find out. I've not any letters saying anything about court orders so maybe not.

It's definitely for school dinners tantrums. The first time the baliff called the council agreed to put a hold on the proceedings.

thistle thanks, I will have a proper read of your post when dc's are eating. it's a bit mental here atm.

he definitely did not have that many school dinners, he may have had one or two without me knowing but I'm pretty sure the school would have notified me if this was happening on a regular basis.

OP posts:
tantrumsandballoons · 05/03/2012 15:41

He will definitely have a court order, he would lose his license if he knocked without one, he is not required by law to show it to you.

Did you get a letter informing you of a court date?
If you did not receive notice of this you can file the stat dec. it will go straight on hold.
If you did know about the court date and didn't go, or get it sorted out at the time, then you have no choice but to pay.
You said in your op you have phoned the council and they said it was sorted, did you not ask them to send it in writing?