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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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, I have an issue with a Music school that both my son's

Resolved Question:

,
I have an issue with a Music school that both my son's are enrolled in, one has decided to no longer attend, on advising the school they have informed my that i have not paid since he joined and they are asking for £1500 based on £40.20 a lesson.
I don't seem to have a contract or agreement from them, and the email they have sent states that they never noticed this as they don't have time to check the payment every month due t running a business, strange as i though this was part of running a business.
Any advise would be helpful, currently i don't have this money and looking to either not paying, offering them a lower figure due to there negligence, or paying monthly until paid, but not sure were i stand.
Many thanks in advance advice you have
Pete
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. Do you agree that the amount they claim reflects the lessons which he should have attended?

Customer:

Yes with in reason it is fair

Ben Jones :

And you did not try to cancel at any point before that?

Customer:

, no i assumed that the direct debit was lads, now i have found out that the payment taken past three years was only , when Josh started David, the owner said it was fine to go with his brother, i have looked agreement and going to ask to send a copy, although i dont actually remember signing anything.

Ben Jones :

Unless it was agreed that the fees would cover both of your sons, you may be liable to pay the fees which were not paid attendance of the second child. All that would depend on what was actually agreed at the outset and in the absence of a written agreement it could be your word against theirs.

The fact that they did not notice the error until now does not give you rights to claim that the amount should not be payable. It would still be money which you legally owe them so they can still pursue it if necessary, even if their negligence was the reason why it was not spotted until now.

However, you can use this as a reason not to have to pay the full amount as a lump sum and can try and negotiate some repayment plan with them, which would suit both parties. They cannot force you to pay anything unless they actually take you to court and win, so there is no guarantee of that. What you could do is approach them and try to negotiate a reduced amount and a repayment plan on the basis that it was not made clear what fees would cover both kids, that there is no written agreement to confirm that and that their error in noticing this too late has meant you will now be placed in a difficult financial position. Remind them that otherwise they will have to go to court and spend further time and expenses pursuing this and there is no guarantee they will win the whole amount back and even then you may still not be forced to pay it all in one lump sum so it is in the interest of both parties to agree to a reasonable sum to be repaid over a reasonable period.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thanks that great ll give them a call and discuss

Customer:

Just send me a quick message and ill rate you :)

Ben Jones :

sorry, should be ok now, you are welcome and best of luck

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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