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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter was attending a weekend performing arts school

Resolved Question:

My daughter was attending a weekend performing arts school however did not return after the first day of term due to our concerns about the behaviour of a member of staff and general concerns about child protection and safety. we did not make a decision for her to leave at that time, we attempted to address our concerns through their complaints procedure to which they have persistently failed to adhere to. The organisation is now pursuing me through a county court claim for what the state is failure to pay a terms fee in lieu of notice.
Given my concerns have not been addressed and she has not returned as I do not deem it safe for her to do so, whats my best course of action with regard to their claim?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you sign anything?

Alex Watts :

What do the conditions say about termination?

Alex Watts :

What is the value of the claim against you please?

Customer:

I signed a contract in 2006 when my daughter first joined which stated that we would pay a terms fee in lieu if she left, and which we did when she left in about 2011. She returned to the college the following year, we were not asked to sign anything on that casino.

Customer:

sorry pressed send too soon, the conditions are a terms fee following notice given

Customer:

The value of the claim is £440, sorry need to stop pressing return

Alex Watts :

You can defend it on the basis that no new terms have been signed.

Alex Watts :

If the old contract ended then that dies

Alex Watts :

If she started again this is a new verbal contract

Alex Watts :

If terms were not discussed then you can not be bound by any termination clause or notice period required

Alex Watts :

Only if you agreed to new terms can you be bound

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes I understand that, we were verbally informed of the fee but not of the termination terms on the second occasion. Since our dispute they have sent me a copy of a letter which clarifies this which is dated when she started the second time. I do not recall ever receiving this letter and believe they may have put this together falsely, if I have not signed it would this matter if i cannot prove I have never seen it before? Also if we stubble on this issue could we have grounds for not paying on the basis that they have breached any contract by lack of duty of care of children in their care?

Alex Watts :

Well you can't just terminate because you don't like the teachers and expect not to pay

Alex Watts :

However you are ONLY bound by a termination clause

Alex Watts :

If one did NOT exist on a new contract then there is no penalty

Alex Watts :

It is as simple as that

Alex Watts :

Does that clarify the position?

Customer:

it is bit more than not liking the teachers there are genuine child protection concerns that they have not adhered to which puts children in their care at risk. I understand in terms of the law that this may not be relevant to the claim, what I need to clarify is, if I can't prove that i have not had sight of their letter setting out the terms on the second occasion does this matter if I did not sign anything or the mere fact that they say they sent it and she attended mean there was a verbal contract?

Alex Watts :

Yes but that makes no difference

Alex Watts :

The only issue before the Court is NOT child protection etc

Alex Watts :

But any termination clause in the contract, nothing else

Alex Watts :

You are not bringing a counter claim - you are defending a claim

Alex Watts :

Therefore the Court will only be concerned about whether you had a right to cancel as per any contract and what notice period, if any you had to give

Alex Watts :

If there is no written contract and no new terms then you do not need to give any notice

Alex Watts :

Does that clarify matters?

Customer:

Yes thank you

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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