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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 11148
Experience:  Solicitor
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My daughter is ain her final year at a fee-paying school.

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Hi. my daughter is ain her final year at a fee-paying school. this year the school decided that all fees must be paid by direct debit and they would charge a 50 poud fee if fees as of this acedemic year were not paid by direct debit. my current account does not offer direct debit facility. I emailed them on 31 August objecting to this policy, and I know see I have been charge a 50 pound penalty fee for not paying by direct debit. My question is : are they legally entitled to insist on direct debit and charge the penalty
Assistant: Where is your daughter? It matters because laws vary by location.
Customer: We live in Brent, and the school is in Stanmore, north london
Assistant: What steps has your daughter taken so far?
Customer: None. I paid the fees by EFT and did not pay the 50 pound penalty, but want to send an email to the school, the bursar, headmistress, admin officer etc, expressing my objection, but wanted to check my rights first
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: NO, I don't think so, thanks

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

You need to write and set out your losses and request a refund of the £50 within 14 days from the date the letter was sent in the post, or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 months ago.
I am not looking for a refund Jamie. I did not pay the £50 pound penalty fee. My question is can they impose this legally - it was not part of the terms and conditions when my daughter started at that school. They now have it on their website that payment must be by d.d and that they have the right to charge a £50 penalty. Can I dispute this as being a unilateral variation of the terms and conditions?
Customer: replied 2 months ago.
i don't want you to call me. I just would like a yes or no answer.
Customer: replied 2 months ago.
or can i demand they tell me on what legal basis they believe they can charge me this penalty?
Customer: replied 2 months ago.
hello? are you still there?

Yes, you can demand in what legal basis they demand it,

It seems to be its discrimination and highly illegal.

You should bring a claim to sue for loss and damage.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 2 months ago.
thans that clarifies. but `i have not suffered any loss, but i beliieve it is discriminatory against people who do not have direct debit facilities. thanks very much! Chris

Indeed