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Did you sign anything?
What do the conditions say about termination?
What is the value of the claim against you please?
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.
sorry pressed send too soon, the conditions are a terms fee following notice given
The value of the claim is £440, sorry need to stop pressing return
You can defend it on the basis that no new terms have been signed.
If the old contract ended then that dies
If she started again this is a new verbal contract
If terms were not discussed then you can not be bound by any termination clause or notice period required
Only if you agreed to new terms can you be bound
Can I clarify anything for you about this today please?
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?
Well you can't just terminate because you don't like the teachers and expect not to pay
However you are ONLY bound by a termination clause
If one did NOT exist on a new contract then there is no penalty
It is as simple as that
Does that clarify the position?
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?
Yes but that makes no difference
The only issue before the Court is NOT child protection etc
But any termination clause in the contract, nothing else
You are not bringing a counter claim - you are defending a claim
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
If there is no written contract and no new terms then you do not need to give any notice
Does that clarify matters?
Yes thank you
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