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my name is ***** ***** I will help you with this.
please let me know how much the fees are and if you signed any form of contract?
we did sign a contract and a terms fees are £9560 of which we had paid a £100 deposit
What does the contract say about cancellation please?
which they still have and which we did not expect to get back
I am just on the train so may be on and offline
But I need to know what the terms say in the contract about cancellation
That we have to send them a letter in writing a term in advance - which we believe we did
they don't specify a letter but i do know they pursued some other parents who only sent an email and told them if they didn't pay then they would pursue them
The school agreed to accept half payment in that case
The parents had a son at the same school as my son and only sent an email to say their son would not be coming. They were very annoyed because at the time the school did not tell them they needed in a written letter
it appears the school have a very aggressive policy to pursue parents who then choose not to send their children to the school
They also offered us the opportunity to only pay half but as we believe we had let them know in good time we asked call with the headmaster. he eventually and reluctantly took my husband's call and then said he would speak to the governors in November and let us know. We heard nothing until today when we received a letter from the bursar saying we needed to pay it in full or they would take action.
cancellation must be in writing and give a terms notice
the specific wording is: a terms fees will be payable if the pupil is withdrawn after the first day of the term immediately preceding the term in which your child was due to start
Ok, so the child was never at the school?
And indeed you did not withdraw the child after the first day of term?
no it refers to the first day of the term BEFORE the child joins
but in any event we had written to them
in reviewing their letter they have purported that the first time we wrote to them was the 29th june
totally ignoring our previous letter
their issues are:
1) they have ignored the original letter
Ok, I dont think you need to worry
Their contract is very poorly drafted
2) they say the letter was addressed to the wrong person and refers to a person who does not work in their finance dept
In any event in law they are only entitled to a reasonable fee work done
All they have is administration work
Even if the contract was against you, you have legal protection
they say their terms and conditions fully state they are entitled to a full terms fees
and they implied we were lying
The Unfair Terms in Consumer Contracts Regulations 1999 states
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.
Therefore you can argue:
1) The contract is poorly drafted and you are not liable
2) Even if you are liable they have not done any work
3) In the alternative the above regulations apply
Can I clarify anything about this today please?
do you think we should be sending them a legal letter in response
Yes I would.
You can do this yourself outlining what I have said
Or you can get a Solicitor to do this, if you do, clearly there is a cost
Does that help?
if we send a legal letter then is this something you can do or do we need to get a specific firm to help us
Sadly site rules prevent me from sending letters
You can get that done from a local Solicitor
there are some separate terms in their full terms and conditions which i am just looking at
i am just going to the it in full
Ok, but your arguments will be the same as I indicated above
Can I clarify anything else today?
sorry i could not get back into the chat room
so are you saying that in your opinion their case is weak?
You have several limbs to argue.
do you have a view then on why they would even try and pursue us if we have already sent a letter to them within the time frame - could this be construed as bullying or indeed libellous /defamtion of character?
if they say they are pursuing it as a "debt" - what process do we have to go through to clear our good name as well as demonstrate we are not liable and acted in good faith to let them know
You can stop someone trying to pursue you.
As that is a High Court matter so if you have £15,000 to burn you could pursue it
But you would need to show that you have suffered actual serious harm
well certainly not trying to burn £15k but concerned that they are implying we are lying when we have actually sent them a letter in good time - just got the name wrong on the top!
i think we are just very surprised
thanks help anyway
Dont worry about that. You have lost the £1000 but can defend any more on the basis I previously outlined.
Can I clarify anything else ?
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