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I understand a private school is wanting payment for a full term as you did not provide the required contractual notice. Please copy and paste the exact wording of the relevant clause/s from the contract on here
Thank you, ***** ***** did you give notice?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens. Many thanks.
Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.
The requirement to give a term’s notice, with the notice to be submitted before the start of the term in question, is entirely normal for educational establishments and is a standard clause. The fact that you have misread it does not give you specific rights to challenge that and to request that the school does not charge you for an extra term to satisfy that notice requirement.
However, you can still consider negotiating with them, or even refusing to pay and seeing where they may take this.
Whilst a party can make demands for payment, instruct debt collectors or threaten legal action, it is important to note that they can only really force someone to pay if they actually go to court, submit a claim and are successful with it.
There is, however, no guarantee that they will actually ever go that far. Many people issue threats and demands, without ever having the intention of taking the matter to Court. This is done in the hope that the scare the other party into complying with their demands to avoid the risk of being taken to Court. However, until a formal notification of a Court claim has been issued, there is never a guarantee that a claim will actually be made and it could always remain just a threat, rather than reality.
Even if a claim was made, due to the value of compensation sought, this matter would be assigned to the Small Claims Court. This is a relatively low-risk option because it is specifically aimed at the smaller, legally unrepresented parties. The costs of claiming are not that high, there is no need to have a lawyer and incur further costs as a result and even if a party loses the claim, they will not be liable to pay the other side’s legal fees. All they would have to pay is the court fees, which at most will be several hundred pounds and whatever the Court has decided should be paid to the claimant as a result of their original claim.
Also, once judgment has been issued, on the assumption you lose, the judgment is entered on the Register of Judgments, Orders and Fines, where it will remain for 6 years. This is what is known as ‘having a CCJ’ and can impact your credit rating. However, if payment of the judgment is made within one month, the record will be removed from the Register and will no longer be visible. If payment is made after one month has passed, it will still remain on the Register for the 6 years, but will be marked as ‘satisfied’.
To conclude, it is possible to wait and see how far the other side is willing to take this before deciding on how to respond and even if a claim is made, it is possible to proceed and defend the claim in the knowledge that the financial risks of doing so will not be astronomically high and if any judgment made against you is paid within a month, there will be no further repercussions.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
Hello again and thank you for your further queries, which I will be more than happy to answer. You are correct , the best approach is to explain to them what happened and that you simply have no money to pay this so any claim would be pointless and won’t get them the money.
If hey do claim and win, you will have to pay the amount owed, their court fees (a few hundred pounds, so not much), plus potentially a bit of interest, but again that will not be much at all. There will be no other penalties.
If you cannot afford to pay at once, you can also request they order a repayment over time.
You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.