Advice on Bursery payments and payback
Discussion
Hello all,
I am not sure if this is the right place to post, however I hope so as I am after so advice / opinions please.
My partner last year finished a 3 year Bursery funded course funded through the NHS (to become and Operating Department Practitioner). When starting the course we had to apply for the bursery due to it being means tested and dependent reliant for her(We have a son)and every new education year we had to re-apply. When it came to finishing the course (2012 July) we had no reason to contact the department as every year. (and in correspondence) it stated you would need to re-apply as had been done previously. It came to her starting work and in the August the September the payments restarted. Now my partner used a seperate account for this so it went unnoticed until the statement came in a few months later (She opted for twice annual) and she saw she still had funds. Left these until May and then being the lady she is spent a portion on some clothes due to dropping 2 dress sizes etc.
Now the beginning of June she had a letter stating she had been incorrectly paid this and they demand it all back in 1 lump sum or threaten court action. She contacted them as soon as the letter arrived to state that she does not simply have the ability to drop £4000 + in 1 lump sum out of her account and could offer to pay monthly. We received a letter yesterday stating £350 (ish) a month for 3 years to cover it. Now due to other costs incurred in the course, the bursery never covered all costs (Partly due to living closer to the Place of Placement than the place of study so she was not entitled to any travel, stationary, books funding etc. so was always out of pocket) and had to work 20 + hours a week alongside a Diploma course. We are just getting to our feet and this occurs..
I have a couple questions that I can't seem to find answers to and that I would opinions / advice with pretty please:
1. Why did they pay it when we had to jump through hurdles every other year to get it and if we didn't meet criteria they didn't back pay or simply would not pay at all?
2. Why take a year to notify? (I know my partner should of in January time when she noticed the amount in the account)
3. Are we liable if we did not ask for the payments to be made?
4. Can they force the payment amounts or can it be our choosing to pay back how much?
On an extra note, in the last letter they have demanded for bank statements and evidence provididing support documents showing that we would be in hardship with their proposed amounts. Are they allowed to demand my paperwork, when I was never listed as a recipient of said funds, just living at the address. They want average food bills, out goings and all, its insane
In my opinion, It is not our fault, apart from her not notifiying them, as it was never asked for for the 4th year and never applied for. In fact the 1st application we put in, gave the course number, code and duration of study in it so it is almost 100% on them.
Thanks you so much for any advice you guys can offer.
I am not sure if this is the right place to post, however I hope so as I am after so advice / opinions please.
My partner last year finished a 3 year Bursery funded course funded through the NHS (to become and Operating Department Practitioner). When starting the course we had to apply for the bursery due to it being means tested and dependent reliant for her(We have a son)and every new education year we had to re-apply. When it came to finishing the course (2012 July) we had no reason to contact the department as every year. (and in correspondence) it stated you would need to re-apply as had been done previously. It came to her starting work and in the August the September the payments restarted. Now my partner used a seperate account for this so it went unnoticed until the statement came in a few months later (She opted for twice annual) and she saw she still had funds. Left these until May and then being the lady she is spent a portion on some clothes due to dropping 2 dress sizes etc.
Now the beginning of June she had a letter stating she had been incorrectly paid this and they demand it all back in 1 lump sum or threaten court action. She contacted them as soon as the letter arrived to state that she does not simply have the ability to drop £4000 + in 1 lump sum out of her account and could offer to pay monthly. We received a letter yesterday stating £350 (ish) a month for 3 years to cover it. Now due to other costs incurred in the course, the bursery never covered all costs (Partly due to living closer to the Place of Placement than the place of study so she was not entitled to any travel, stationary, books funding etc. so was always out of pocket) and had to work 20 + hours a week alongside a Diploma course. We are just getting to our feet and this occurs..
I have a couple questions that I can't seem to find answers to and that I would opinions / advice with pretty please:
1. Why did they pay it when we had to jump through hurdles every other year to get it and if we didn't meet criteria they didn't back pay or simply would not pay at all?
2. Why take a year to notify? (I know my partner should of in January time when she noticed the amount in the account)
3. Are we liable if we did not ask for the payments to be made?
4. Can they force the payment amounts or can it be our choosing to pay back how much?
On an extra note, in the last letter they have demanded for bank statements and evidence provididing support documents showing that we would be in hardship with their proposed amounts. Are they allowed to demand my paperwork, when I was never listed as a recipient of said funds, just living at the address. They want average food bills, out goings and all, its insane
In my opinion, It is not our fault, apart from her not notifiying them, as it was never asked for for the 4th year and never applied for. In fact the 1st application we put in, gave the course number, code and duration of study in it so it is almost 100% on them.
Thanks you so much for any advice you guys can offer.
So they're asking you to pay back a grand total of £12600 over the 3 years? I would write back stating something like:
1. You acknowledge that it's your responsibility to repay the full sum.
2. There is no way you can afford this in one go but you're open to paying monthly.
3. You are not willing to pay punitive interest (if your figures are correct) on top of the original amount.
If they refuse to play ball then I'd happily go to the small claims court and let them mediate a settlement.
1. You acknowledge that it's your responsibility to repay the full sum.
2. There is no way you can afford this in one go but you're open to paying monthly.
3. You are not willing to pay punitive interest (if your figures are correct) on top of the original amount.
If they refuse to play ball then I'd happily go to the small claims court and let them mediate a settlement.
randlemarcus said:
She spent four grand that she knew she wasn't entitled to on new clothes?
What can you afford to pay back, given that she'll not be needing clothes etc for the next decade or so.
She spent a portion of, not the full amount , around a grand from memory. and haha if only women never needed to clothes shop.....What can you afford to pay back, given that she'll not be needing clothes etc for the next decade or so.
ProSc2008 said:
So they're asking you to pay back a grand total of £12600 over the 3 years? I would write back stating something like:
1. You acknowledge that it's your responsibility to repay the full sum.
2. There is no way you can afford this in one go but you're open to paying monthly.
3. You are not willing to pay punitive interest (if your figures are correct) on top of the original amount.
If they refuse to play ball then I'd happily go to the small claims court and let them mediate a settlement.
I don't see why it is our responsibility when we never asked for this payment though? It makes no sense to me.1. You acknowledge that it's your responsibility to repay the full sum.
2. There is no way you can afford this in one go but you're open to paying monthly.
3. You are not willing to pay punitive interest (if your figures are correct) on top of the original amount.
If they refuse to play ball then I'd happily go to the small claims court and let them mediate a settlement.
I did say ish in brackets, It reads as £346.12 over 27 months is their tabled demand (Back dated to June). I do not know how that falls, I can only guess it make it fall in line with the education year?
The way the letters read, it is as if in the last "year" they paid an amount she was never entitled too when we claimed anyway, yet the amount showing as payments to her is far less than what is asked for back. Am I being led up a path or something here?
They made a mistake and you knew it was a mistake because you hadn't made any application for funds that year. If it goes properly legal then there's absolutely no way that you can claim the money is yours to keep so I would be trying to negotiate a payment scheme on the best possible terms now.
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