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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Private school fee non payment

Resolved Question:

Hi, My son got through year 3 entrance exam in Leeds Grammar School 6 months before. He was offered a place in February and we accepted  the place and given £200 deposit. Since then our circumstances changed i.e got a new job in March 2014 at a different place (Bradford). Also we bought a new house nearby (Pudsey) to my work place (requirement by work to stay within 30 minutes). Since it has surpassed our budget (instead of £27000 we eneded up buying 320,00 as part exchange) and our savings consumed in house deposit plus my wife who is hopeful to start a job in August but could not as she did not get a job yet. At the moment we cant afford the school fee. So I requested the school to cancel my son's place or defer it for next year. They agreed to defer for next year admission but demanding to pay the semester fee in advance(£3200). When I said to them if I can afford that now I would have sent my son this year itself. However I will pay the fee after 6 months or in 6 instalments but they wanted me to pay the interest.

I wanted to know where do I stand legally ?

1. If I say to them sorry I cant pay do whatever you want.

2. If I say to them no I cant pay the interest.

3. Do you suggest / advise that I should pay the interest if I opt for instalments. Please advise. I am not bothered whether they give the place next year or not because there is a private school of same standard in Pudsey as well which is more convenient to my son.



Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you signed a contract and what does it say about termination?

Apparently it says that if we opt out we must inform by some date in March and anytime afterwards we need to pay a semester fee. We bought the house only on 27/06/2014 so until then we are not sure whether we will move out or not and even if we move we were planning to move nearby to school. Unfortunately the old house was not selling so we did a part exchange to slightly farthest and expensive place.

Alex Watts : Legally if you have signed a contract you are bound by it.
Alex Watts : that contract sets out each parties rights and obligations
Alex Watts : If you can't pay they can't make you. They could try and get a county court judgment but if you have no money there would be no point.
Alex Watts : They can only charge interest if the contract allows it, even if it went to court a judge is likely only to award 2-3%
Alex Watts : I would see if you can terminate and then arrange a repayment plan, that would suit everyone
Alex Watts : Can I clarify anything for you about this today please?

I understand that it saves a hassle. But my point is I am paying a semester advance fee for next year and giving interest on it. If I go to court and do not opt for any solicitor do I have to pay court expenses ? If the judge decides for paying interest i will be at no loss anyway coz I am doing that now. But I am sure the school has to pay to put a case against me and at least then they can get me a better deal. Please clarify

Alex Watts : You only pay the court fees if you lose.
Alex Watts : If you signed a contract you are bound.
Alex Watts : Does that claiify?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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