How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

One of the terms and conditions of the contract expects me

Resolved Question:

One of the terms and conditions of the contract expects me to pay the fees by direct debit. No other method of payment was explicitly mentioned or was agreed. The other party cancels the direct debit mandate without any consultation and demands payment through other methods. Can i consider this as breach of contract and if so as an innocent party to the breach can I claim for the contract to be cancelled.
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
fees is in lieu of notice to a private school so no service was provided.
Customer: replied 11 months ago.
enclosed the terms and conditions . Of interest is clause 4 a, b,c , clause 5 and clause 8
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

Just to be clear are you the parent or school please?

Customer: replied 11 months ago.
i am the parent thanks the school cancelled the agreed direct debit mandate.if left it open for them to collect in 4 equal monthly installments as we had been since 2006 without any break or fault
Customer: replied 11 months ago.
sorry typo
we left the direct debit mandate open for them to collect the fees as required by clause 8 b.
Expert:  Ash replied 11 months ago.

Ok. But did they ever terminate the contract in writing?

Customer: replied 11 months ago.
No they did not.
They claim they have not breached the contract. They say it the Trust policy to cancel the direct debit on receipt of notice. This term has not been included in the t and c
Customer: replied 11 months ago.
By cancelling the direct debit mandate as agreed in cluase 4 and 5, I believe there is a fundamental breach by the Trust.
Customer: replied 11 months ago.
I also concerned as the two queries you have raised as been addressed in my initial question. I am not sure if my question was not clear.
I mentioned i am.expected to pay the fees by direct debit. This will imply i am the parent
In the end i asked if i can claim for the contract to be cancelled. You are asking did the school cancel the contract....
Please let me know so i can explain the situation again
Customer: replied 11 months ago.
Or is there a reason why you asked those questions?
Customer: replied 11 months ago.
I gave them a chance to rectify the breach in October last year. They refused to take.I asked them to provide evidence that their claim is legally valid. For which they have sent me a new direct debit mandate for me to sign and restart the process. I feel it is akin to accepting the breach and to a point of restitution. I am not prepared to sign a new direct debit mandate. We are expected.to pay for our mistakes. Likewise the Trust has committed a mistake and hence have to forego the fees and take the loss. I am not prepared to lose for their mistake. This is my standing. Will this be supported by English Law.?
Expert:  Ash replied 11 months ago.

Are you trying to get out of the contract?

Customer: replied 11 months ago.
i think as I am the innocent party to the breach I have the right to claim to have the contract nullified and any costs involved to prove this in a court of law
Expert:  Ash replied 11 months ago.

Then yes. They are in breach of contract.

You can sue them for breaching the contract as they did not abide by the terms of it.

You can sue for all loss and damage as a result

Their behaviour by cancelling the direct debit is simply disgusting and you should take them to the cleaners for such appalling actions.

So yes they are in fundamental breach of contract by not abiding by the terms.

Can I clairfy anything for you about this today please?

Customer: replied 11 months ago.
Thank you for clarifying should i wait for them to take me to court or sue them for non payment of deposit. If i do the latter this breach of contract will come up
What in your experience is cost effective 250 pounds for deposit and any damages verses court cost
Expert:  Ash replied 11 months ago.

Well any Court costs are added, but you are looking at about £100 for issue and hearing fee

Does that clarify?

Customer: replied 11 months ago.
Should i wait for them to take me to court? Will justice be given to all other parents from whom.the Trust has collected fees illegally across whole of England by any judgement that is favourable to me ?
Expert:  Ash replied 11 months ago.

Yes then you can issue a counter claim.

Does that clarify?

Customer: replied 11 months ago.
Thank you
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Customer: replied 11 months ago.
Expert:  Ash replied 11 months ago.

thanks. Please don't forget to rate otherwise the site doesn't credit me. Thanks!

Ash and 3 other Law Specialists are ready to help you