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Another school bust

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Old 5th Jul 2011, 14:30
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Yes, I have learned from this mistake and it wont happen again to her.If I can make those involved uncomfortable by publicising their actions to the commuities they value , then I will.
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Old 5th Jul 2011, 15:36
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In, Twist, Out.
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Old 5th Jul 2011, 17:30
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I may sound like a woman scorned... the thing is they are not officially in administration so I will try and get my daughters money back before this happens. The people involved can at the moment squirrel money away without recourse if no attempts are made.
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Old 5th Jul 2011, 18:50
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Go for it. If they are officially still trading, then you are perfectly entitled to get your money back.

If they say no, then go to the small claims court. It costs you nothing and will force a reaction.

Good luck and I hope the threat of it is enough to make them do the right thing.
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Old 5th Jul 2011, 18:53
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There is a maximum of 750.00 at small claims court. Also the school was a ltd. company I believe
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Old 5th Jul 2011, 19:21
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I will try EVERYTHING in my power.Ms Dorrian is a prominent person in the Catholic church and a " dear friend " of the famous Susan Boyle . I hope she will consider the embarrasment more costly than £2000 owed to my daughter.
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Old 5th Jul 2011, 19:29
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I know you are, understandably, upset. You have every right to be

However, mounting anger and vengeance, which I am now reading into this, does not generally get you very far.

A sit down, a think about things, and a clear plan on how to achieve your goals, would in my view, be the better action plan.

Just my thought for the day
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Old 5th Jul 2011, 19:32
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Maxred it's £5000 maximum in the small claims court.

See here Small Claims Court | The Ultimate Free Guide | Smarta
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Old 5th Jul 2011, 19:38
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Not so sure in Scotland. Will need to check again, maybe they put it up recently.

Apologies if I am wrong.
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Old 5th Jul 2011, 19:40
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It used to be £750 in Scotland...I now believe it to be £3000, but it's a different system anyway up here. The jocks like to do their legal thingys their own way.
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Old 5th Jul 2011, 20:25
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Get mad, get even... or just get on with life?

Never pay up front. Lesson learned.

If you do, pay something with a credit card.

The doors have shut, presumably because there is no money. Perhaps not even enough to go into liquidation. That is what happened with AerosportUK who used to import the C42s we use - and took a £500 credit note of mine with them.

If there was money, they would surely have stayed open all through the peak summer season.

Therefore: pursuing any court action, small claims or otherwise, is a waste of time, effort, energy and the small sum of money involved.

Pursuing a director personally through shame and embarassment in front of personal contacts is a risky option.

You could, in one view, be seen by people who are more the other person's pals than yours, as carrying out a vendetta and thus be the "bad" person! Unfair, possibly. But reality, yes.

At worst, you could find yourself accused of harassment - and possible defamation. Company directors do have to abide by certain regulations, and she may have had no choice but to cease trading (possibly even for some reason that neither you, I or anyone else, knows - say some litigation over a personal accident for instance, liability for which the insurance didin't cover, so would be insolvent if had to pay compensation, etc etc).

All this is why we simply don't take any money - other than for gift vouchers - up front.

But I go back to the start.

Never pay up front. If you do, pay something with a CC.

And don't get mad. Get even.

And the best way of getting even is sometimes putting it all behind you and getting on with life - don't waste precious time and energy on the negatives.

ps. If you don't think I know what I am talking about:

TinyURL.com - shorten that long URL into a tiny URL

Our neighbour still lives over the fence, and caused £600,000 of damage (total so far). Reckon even after the insurers have finished, I will be 30k out of pocket. But we just got on with life.
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Old 5th Jul 2011, 20:57
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Was this school a Limited Company?

If not, go after the proprietor(s) personally.
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Old 5th Jul 2011, 21:32
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it wont cost me anything as I have legal insurance. I cannot walk away as this will allow the people concerned to just walk away and start again as highlighted before. Pursuing this at a personal level is the only way to make them think twice about mismanaging a company. Whether they pay financially or in the face of public scrutiny can only be a positive step
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Old 5th Jul 2011, 23:49
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Small Claims

Cathy,

I'm sorry to hear of your situation, and I won't rehash the ground which has already been covered.

The limit for a small claims action in Scotland is £3000. If you have not already done so (and I suspect you will have) then I would recommend you speak to a solicitor regarding this matter as soon as possible. Most solicitors will normally have an initial meeting with you about any matter without charge, but not all so do check.

I hope that you get this resolved and that your daughter enjoys the remainder of her training and flying in the years beyond.
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Old 6th Jul 2011, 16:11
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The going rate for a solicitor can be 195.00 an hour. In the current climate, they smell fees, and, not all, are in the game of fee building.

I would suggest that there is not a snowballs chance of getting your money back here.

In my previous post I suggested you remained cordial, and thought a plan. Sorry but I would not go near a solicitor.
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Old 6th Jul 2011, 21:39
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Pursuing this at a personal level is the only way to make them think twice about mismanaging a company.
There are all sorts of reasons companies go bust...quite often it is because someone else has gone bust first owing them lots of money.

The laws in the UK (and most other industrial countries) are designed as much as anything to promote and protect commerce...hence the concept of limited liability.

Anybody can always make a personal appeal to the ex-owners to pay up out of their remaining assets, sometimes, but very rarely, they may do so.

I'm afraid chasing them with a solicitor is likely to be a case of throwing good money after bad, even if its an insurance company's money (not sure I'm convinced that you can be covered for a process that is likely to be futile??????????)

When the last Scottish flying school went bust, up north, an overseas student lost 9 times the amount in question here. Which is why I took umbrage some time back when a poster commented that all flying schools are the same.

At the risk of getting another b***king...all flying schools are not the same and if you think they are go check companies house for the financial records of all the flying schools in Scotland.

Better still, pay £10 and you can get a complete financial breakdown of all the companies involved. At least one flying school in Scotland has a five star credit rating and is ratified to deliver public sector contracts. As ANY businessman/woman knows, to deliver a public sector contract you have to meet a host of financial stress tests.

PS

I have absolutely no vested interest in any flying school whatsoever. I just get the hump when the public are mislead, because the outcome always ends in tears.
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Old 7th Jul 2011, 03:12
  #57 (permalink)  
 
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Yes the going rate for a solicitor can be £195 per hour and frankly that's cheap for some!

Even in the relative backwater of Glasgow £350 per hour is not unheard of, but in the world of those of us who aren't trading commercial property and trying to pretend the world doesn't hate us there exists a breed of solicitor called the "rest of the world" who are willing to try to help, and I know a few.

But hey, nobody ever went to see a solictor because they are just too bloody happy, did they...?
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Old 7th Jul 2011, 09:06
  #58 (permalink)  
 
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Max- give me their details because the ones I come across attempt to charge me for looking at them

I often thought that if I went around, charging by the half minute, every time I called someone, gave a bit of advice, spoke to them on passing, then delivered the invoice, then I would be flying the Trump plane.

Seriously though it is s total bummer when people pay for something, and the co goes bust leaving the distress and misery of a shambles. And out of pocket.

Problem is in todays climate it is happening daily, a lot of it not necessarily the companys fault, nor the directors, just circumstance. The directors then have to get on with it - remember they have lost their business and daily work also.

CFS actually apperaed to run a nice operation, and I happen to know some of the detail about where it may have started to go down hill. Their biggest issue was taking money up front, when they would have known that turbulance lay ahead. That is not on, unless in a position to refund if it went belly up. No, if in trouble, limit your liability.
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Old 7th Jul 2011, 09:39
  #59 (permalink)  
 
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Max, it might be easier to have some sympathy if this was the first time that "it had happened" to them.

They "seemed" to be running a good show since they had benefitted from doing it before, and may well try to do so again.

They will need to find another airfield for their next venture.
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Old 7th Jul 2011, 10:16
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Yep I understand, and it would be untenable to operate, again, from CBN.

Perhaps attempting to run three flying schools, two helicopter training units, from one small GA airfield was a step too far. One, and maybe others, had to go.

If I had been running it, and I am not, I would have got an exclusivity right - one training school only. You might have stood half a chance.

The cake could not have been divided between all of them.
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