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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to want my non refundable deposit refunded?

32 replies

HippoPottyMouth · 25/07/2012 15:45

Would like some advice please, before I ring up to harangue them again tomorrow. Sorry it's a bit long but didn't want to miss out details.

In December last year we paid a deposit of £100 to sign my daughter up for joining a local prep school this September (she'll be starting in reception then)

I knew at the time it was non refundable, assuming that was to put off people who grab places everywhere and actually decide where they want to go later. There was also a clause saying you have to give a term's notice else pay the fees if you withdraw (ie if you wait til after Easter you'd have to pay the first term's fees), again, not a problem, we were really excited about the school and couldn't imagine changing our minds.

Anyway, after Easter, we received a letter out of the blue saying that the school had merged with another school, so the school we thought she'd be at for 7 years would become the pre-prep campus, and then after Y2 DD1 would have to go to a different school campus a couple of miles away (which would be just as DD2 would be starting so we'd have children in two different places for the entire time). It's also a much bigger school, which feeds into a private upper school, which we didn't really want, and it has a religious slant that I wasn't keen on. Basically not a school we would have chosen, the two locations being the biggest problem.
I even moaned about it here

I spoke to the headteacher of the first school, she fully understood why we would probably be withdrawing DD1. I asked if we would be held to paying the first term's fees or anything as we were past the term's notice and was assured that we wouldn't be.

We got a place at another school near us (and paid another registration fee!) and I emailed the original school to withdraw her officially, this was all within a week of finding out about the merger. In my email I asked for the deposit to be returned.
Letter back to me, confirming withdrawal and saying that the matter had been passed to the bursar regarding refund of the deposit.

3 months later, had heard nothing so emailed the school again to ask for bursar details so I could take it up directly and was told I needed to speak to the finance office of the new school now. I rang them a couple of weeks ago and was told the deposit wasn't refundable, I said under the circumstances I thought it would be and they said I needed to speak to someone else who'd get back to me but was going away for 2 weeks after that day. They didn't get back to me that day, and so should be due back from their holiday now so I need to ring again and see what's happening.

Sooo, after all that, how strongly do you think I can I demand my money back?

On one hand, I knew it was non refundable, but equally the school (service?) I signed up for has been removed.

I'm not being held to the term's worth of fees, so they obviously realise that would be unreasonable.
It's a bit like putting down a deposit for a car and then being told you can have two motorbikes instead or something. Not as practical and not what you signed up for, but still four wheels..

OP posts:
ObiWan · 25/07/2012 15:49

I was all set to say you were being unreasonable, until I got to the bit about the motorbikes Grin.

I'd probably write the money off, and bask in the warm glow of having found a nice school.

FireOverBabylon · 25/07/2012 15:50

Has the school changed its name? What does the contract small print say about the service the school will offer, has any of it been changed because of the merger?

fruitysummer · 25/07/2012 15:53

The school has been mis-sold to you.

I'd keep ringing and emailing until you get it back.

How did you pay it?

HippoPottyMouth · 25/07/2012 15:55

Yes it has changed it's name, it's now part of Berkhamsted School. We didn't get a contract I don't think, just a nice prospectus about how lovely the new merged school will be

OP posts:
HippoPottyMouth · 25/07/2012 15:55

That's what I was hoping to hear fruity :)

Paid them by cheque.

OP posts:
eurochick · 25/07/2012 15:56

I think you have a strong case for getting your deposit back. You paid a deposit for something that is no longer available.

Noqontrol · 25/07/2012 15:59

Yes i think you're right. Its not the same school that you put your deposit down for. I'd take them to small claims.

SugarBatty · 25/07/2012 16:03

I think you should use the motorbike comparison when requesting it back, I don't think anyone could argue with that! Grin good luck op, hope you get it sorted.

alarkaspree · 25/07/2012 16:04

I think you should get it back, they've changed what they're offering very significantly. I'm sure you just have to hassle them a few more times - they are just seeing what they can get away with. And really £100 is peanuts to them.

MammaTJ · 25/07/2012 16:08

I think you shoud get it back. A totally different situation now to the one you paid the deposit for.

ENormaSnob · 25/07/2012 16:13

I think you should get it back.

OutragedAtThePriceOfFreddos · 25/07/2012 16:15

I think you should get it back too.

OutragedAtThePriceOfFreddos · 25/07/2012 16:17

I also think you have a right to complain about the fact that you weren't told that there could be a merger. These things don't come about overnight, so someone probably knew it was likely to happen before they accepted your deposit. They should have told you.

HippoPottyMouth · 25/07/2012 16:23

Ooh fab, nearly unanimous, thanks

Freddos - yes I was cross about that, especially as we'd been at an open day not long before there, having another look to get DD used to the place and being shown all the older classrooms which they must have known she would never be in. But I can see why they couldn't really say anything to prospective parents, as it was basically admitting they weren't financially viable on their own I suppose.
Worse though, it turned out a friend of mine's brother in law had got a job there at around the same time and he wasn't even told about the merger until he'd quit his current job. Now that would have REALLY pissed me off.

OP posts:
HippoPottyMouth · 25/07/2012 16:25

(And he was leaving his current school because they had recently merged / been bought and he didn't like the way the new owners were doing things)

OP posts:
WhereYouLeftIt · 25/07/2012 16:31

You paid a deposit for something that is no longer available, and you were not warned at the time of paying the deposit that there was a chance that it would not be available. On that basis, the deposit should be refunded.

After all, if I had put down a deposit on a cream leather sofa, and then the manufacturer stopped using leather; I would expect the shop to refund me my deposit if I declined a cream tweed sofa.

I wonder if you could threaten to take them to the Small Claims Court for breach of contract? They changed what they were supplying, after all.

HippoPottyMouth · 25/07/2012 16:45

I wondered about small claims, but thought it might just fall down on the fact that it was clearly stated as non refundable when I paid it.

I wonder if I phone and bang on about motorbikes and cream sofas enough they'll just give me the money to get rid of me :)

OP posts:
WhereYouLeftIt · 25/07/2012 16:55

I don't think the non-refundable element stands up though. You put down a deposit on a service that they then withdrew. I think that will be seen as the most critical factor here.

LaurieFairyCake · 25/07/2012 16:56

They have been taken over by a fab school though with
amazing facilities - no chance you're going to want to send your DS there too?

BalloonSlayer · 25/07/2012 17:04

Surely more to the point is that you can say that you looked at New School and rejected it as unsuitable for your DD, and chose Old School instead.

Now that Old School has turned into New School, it is now no longer the school you chose.

HippoPottyMouth · 25/07/2012 17:22

Yes Laurie, I did waver a bit when I saw the swimming pool! But no, my main problem is the fact that the DDs wouldn't be together as they'll be split across the two locations for 6 out of the 7 years DD1 will be there. Would be a right pain picking up and dropping off, and if they're going to be abandoned in after school club I'd rather they were together at least when possible.
And if I changed again now I'd lose another deposit ;)

That's a damn good way of putting it BalloonSlayer, I may well use that tomorrow!

OP posts:
Sallyingforth · 25/07/2012 19:27

I don't think you need to go into fancy comparisons. They might have a fancy answer back and tie you in knots.
Just say that since the school you booked isn't available you want your money back. It's that simple.

pjmama · 25/07/2012 19:30

The school you paid a deposit for no longer exists in that form. They moved the goalposts therefore you should get a full refund IMO. Keep at them.

LineRunner · 25/07/2012 19:33

Is is the same school? seems to the question.

Has the school you paid your deposit to:

Changed its registration number (either/or with Ofsted / the Charity Commission);

Changed its name;

Changed the composition of its Governing Body?

Yeahthatsnotgonnahappen · 25/07/2012 19:43

Dammit. I was all ready to tell shout at you Hippo for being so bloody entitled to think that you should get a non-refundable refund and then you get all reasonable and right and all.

That's ridiculous. The school has fundamentally changed. You weren't warned of this possibility when putting your deposit down ergo you should get your money back.

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