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I communicated further with the school, and ended up offering them a settlement of £1,000 which they refused. They then kept my deposit of £1,600 and have instructed a firm of solicitors to pursue me for the remainder (£2.7k).The solicitors dismiss my assertion that the T&C were not clear. The state that the omission of any definition of final term in the section on cancellation is irrelevant as it should be read in conjunction with another section.
They also state the there is no unfair charge or penalty being imposed as:
- a claim for fees in lieu of notice is payable as a debt and therefore the rule against penalties does not apply
- as the claim is a debt there is no duty to mitigate loss
- and I am accruing interest (but they don't state the rate) on these unpaid fees
They also give me 14 days to pay up or face Court proceedings, where the school will claim "outstanding fees together with interest accrued on those fees, as well as the legal costs incurred."
Could you please advise me on my position here?