Schools and Debt collectors
The above link refers to a recent article about actions of Schools to collect on arrear schoolfees.
It is with sadness that one take note of the financial position of schools. But it is even more sad to take note of the financial position of parents with no work or not enough money to be able to afford school fees. But I am a consumer activist and not the keeper of the schools finances and if the schools did their job in the first instance debt collectors should not be involved. Here, in a nutshell, are the legal requirementse _ When a child is admitted to a public school the Principal MUST discuss the details of possible exemption with each and every parent in person and give him/her a letter signed by the Principal as to the parent's right to apply for exemption. This letter must also be signed by the parent and a copy of it handed to them. The school will need their copy should they start any collection process. This interview MUST be done again should a parent miss even one payment to determine if there was a deterioration in the financial position of the parent.
Should you be in default of school fees and you could have applied for exemption and did not the first question that arises is :Why did you not apply ?
The law gives you the following rights:
1. To be informed of your right to apply for exemption - a form (Annexure A), contemplated in
section 41(4)(c) of the Act,must be completed by the parent and signed by the principal
of the school and by the parent, indicating that the parent has been informed about the
provisions of the Act.
2. To apply for such exemption if he/she qualifies and this must be granted -
the school does not have any right to refuse this if you qualify - it is as
simple as that.
3. There is no time limit on your right to apply - this can happen any time in the
year should your financial position change
4. The ONLY qualifying criteria is your GROSS income - which includes
everything you earn - it is for this reason that the bank asks for bank statements
- There is no requirement in the law
that require of parents to go around at all banks and get letters to the effect
that they do not havea bank account there - No school can refuse anyone
that qualifies for exemption if they refuse to do this - This is the Law !
5. Should you miss a payment it is required that the Principal again arrange a meeting to determine
your present financial position and again give you a letter as to your right to apply for exemption
which must be signed by the Principal and you. Before this has been done no legal action can be
instituted by the school.
NOW HERE IS THE PROCESS WHEN A DEBT COLLECTOR PHONES YOU AND YOU KNOW YOU SHOULD BE ABLE TO QUALIFY FOR EXEMPTION:
1. Answer the phone politely
2. Ask for the debt collection agency's debt council registration number
3. Ask for the debt council registration number of the actual person talking to you.
4. Ask for an email address - this is critical - do not engage on the phone with them any further. Inform them that you will send them an email - If they refuse just put the phone down. Do this everytime until you get an email address ( Emails are paper trails and you have proof of everything)
5. If you did get an email address send them an email along the following lines ( IF you did not get an email send the email to the school principal.
" Please supply me with a copy of the letter contemplated in the section 41(4)(c) which was given to me and which the Principal and myself have signed during the last interview with me to enable me to respond properly to your demands"
That is it - If that letter is sent to you, you are at fault and did not apply as you should - that does not preclude you applying now anyway.......................................
