MoneyClaim Online help
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Hi folks,
Currently submitting a claim against a parent who owes me for their son's music lessons. Tried every avenue and given them overy opportunity but they have just been stringing me along.
I have been dealing with the mother (email, phone, recorded delivery letter), but the original contract names mother and father on it (only one signature on it, can't tell whose).
I was going to submit the claim in the name of the mother as it is her I had been dealing with - the claim allows me to name 2 people in my claim, but I think this just muddies the waters, and possibly allows the question of "why didn't you contact the other person?". I think it's fair to assume that they communicate though and certainly at this stage (3 months+ after original invoice) I don't think trying the father is going to make any difference.
Thoughts? Want to get this right first time - it should be open and shut so I don't want to leave any loopholes open.
Currently submitting a claim against a parent who owes me for their son's music lessons. Tried every avenue and given them overy opportunity but they have just been stringing me along.
I have been dealing with the mother (email, phone, recorded delivery letter), but the original contract names mother and father on it (only one signature on it, can't tell whose).
I was going to submit the claim in the name of the mother as it is her I had been dealing with - the claim allows me to name 2 people in my claim, but I think this just muddies the waters, and possibly allows the question of "why didn't you contact the other person?". I think it's fair to assume that they communicate though and certainly at this stage (3 months+ after original invoice) I don't think trying the father is going to make any difference.
Thoughts? Want to get this right first time - it should be open and shut so I don't want to leave any loopholes open.
First off, I'm not a lawyer.
I would be looking to go after whoever I have the most tangible contract with. Normally that's whoever signed the contract, but in your case you don't know - not ideal.
However you can complete the formation of an enforceable contract without signing anything at all. If I ask you for music lessons, and you start supplying music lessons to me, and I pay you some money, but with a total lack of paperwork, that's still a contract. I don't even have to actually pay, just agree to - my actions of accepting the lessons would suffice.
So, have either of them ever you paid you anything? Failing that, who is the best fit for the charge of having accepted your services?
I would be looking to go after whoever I have the most tangible contract with. Normally that's whoever signed the contract, but in your case you don't know - not ideal.
However you can complete the formation of an enforceable contract without signing anything at all. If I ask you for music lessons, and you start supplying music lessons to me, and I pay you some money, but with a total lack of paperwork, that's still a contract. I don't even have to actually pay, just agree to - my actions of accepting the lessons would suffice.
So, have either of them ever you paid you anything? Failing that, who is the best fit for the charge of having accepted your services?
NiceCupOfTea said:
I was going to submit the claim in the name of the mother as it is her I had been dealing with - the claim allows me to name 2 people in my claim, but I think this just muddies the waters, and possibly allows the question of "why didn't you contact the other person?"..
Your claim is effectively for breach of contract - not being paid for the works completed.Thus your claim should be against the parties of that contract. If both parents are named, then they should both be Defendants.
This covers you best. For example one of them may be insolvent, one may say the other signed it, etc.
The reality is it's highly likely you'll get payment within a couple of weeks of the papers arriving.
Thanks guys - I have been teaching him for 6 years or so, but they have always needed a boot up the backside to pay. This is his last term so clearly trying it on. Every contact has been full of excuses and promises.
Justin, would the fact that I have never had any contact with the father go against me? ie, would the court want to know why I had not tried to contact him?
Justin, would the fact that I have never had any contact with the father go against me? ie, would the court want to know why I had not tried to contact him?
NiceCupOfTea said:
Thanks guys - I have been teaching him for 6 years or so, but they have always needed a boot up the backside to pay. This is his last term so clearly trying it on. Every contact has been full of excuses and promises.
Justin, would the fact that I have never had any contact with the father go against me? ie, would the court want to know why I had not tried to contact him?
Do they live together?Justin, would the fact that I have never had any contact with the father go against me? ie, would the court want to know why I had not tried to contact him?
If so, fine. If not, he'll need a letter before action as they'll get papers separately.
Don't take his instrument. You'll get in trouble.
What kind of sum are we talking about?
JustinP1 said:
Do they live together?
If so, fine. If not, he'll need a letter before action as they'll get papers separately.
Don't take his instrument. You'll get in trouble.
What kind of sum are we talking about?
From the info I got from the school both parents are at the same address - so should I name him separately?If so, fine. If not, he'll need a letter before action as they'll get papers separately.
Don't take his instrument. You'll get in trouble.
What kind of sum are we talking about?
As this was his last term lessons automatically terminate at the end of this term and he was required to give back his instrument in the last lesson.
£200 is the sum owed, plus £6 odd for a recorded delivery letter and 2.5 months' interest (couple of quid). And the fee for the process obviously.
Just to update this, I submitted a claim after they stalled again, and I finally received a cheque through the post with a letter of apology (and more excuses as to why it had taken so long).
The notice of issue I got is a little unclear what I should do if I am paid - I am assuming the defendants haven't communicated with the court. Should I contact the court directly or do it through the moneyclaim online website?
The notice of issue I got is a little unclear what I should do if I am paid - I am assuming the defendants haven't communicated with the court. Should I contact the court directly or do it through the moneyclaim online website?
NiceCupOfTea said:
Just to update this, I submitted a claim after they stalled again, and I finally received a cheque through the post with a letter of apology (and more excuses as to why it had taken so long).
The notice of issue I got is a little unclear what I should do if I am paid - I am assuming the defendants haven't communicated with the court. Should I contact the court directly or do it through the moneyclaim online website?
Email the court. The notice of issue I got is a little unclear what I should do if I am paid - I am assuming the defendants haven't communicated with the court. Should I contact the court directly or do it through the moneyclaim online website?
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