To think kids activities provider is unreasonable?!

[Newsagentsfan]

My two children started at a kids extracurricular activity in September. It cost just over £163 per month. It was lot, but they loved the trial, so I sucked in hard and paid. I want to be very fair to the organisation, so I will say there is an option to pay annually (cheapest), monthly direct debit and then month by month (most expensive). I went for monthly direct debit.

There were extras along the way - kit, shoes, contributions to activities in mid second term etc that I didn't realise. Over the year it probably totalled another £200-300. These extras are necessary.

In April, our finances drastically changed as DH's job ended suddenly. We were late with two payments. We struggled through, though we were living in the overdraft constantly, couldn't pay the mortgage, it's the same now. Summer came, and we couldn't really afford ice lollies. Pretty bad.

Summer comes, at the end of term, I email to let them know we are sorry but we cannot return next year (Sept). They respond they are sorry but the contract says we need to cancel before the beginning of the summer term to cancel for winter term (September). I look through the contract, sure enough it is there, buried quite deep into the terms and conditions (maybe 30 paragraphs down).

I email to say please release us, we are literally having trouble feeding the children and have no idea where we will even find money to buy school clothes come September. Please, bear in mind, there are no activities over summer, and the children won't be returning so they are not accruing any costs for the children and they won't be, I can't afford the basics and certainly not the extras which are really not extras. As I type I have £30.52 left in my account for the rest of the month, it's dire.

They respond, they can let us off half, but not all, to be paid over August and September, again, when my children aren't even there. What am I paying for?

I honestly think this is despicable. I cannot believe they have had any outlay for my children for next term, a full two months before anything begins in September. I honestly don't have money to feed the children. They know my children. I understand this is a commercial business, but come on, my circumstances can't change 5 months before September without being tied in from April to December?

I'm sickened, and so upset. I will need to borrow the money. I'd prefer to save that lever for a rainy day, god knows what might come up.

AIBU? There is a contract, but it is onerous. I can't really believe they have known my children for a year and think they are well-positioned to negotiate on what I have told them is food and clothing money.

I've told them I will pay the half, but realistically, I cannot. Like I say, I have £30 to the end of July.

Yes @MrsSunshine2b , that sounds illogical to me.

That is similar to this. People have said I just need to pay, I am obligated. To my mind it is not that my children have attended for a few weeks and I am now announcing I am not paying for the service we have received and we won't pay going forward. It is not that it is the beginning of the term, I have signed up for a few weeks and not liked it, so saying I won't pay for the remaining term.

It is that I have had a year and have requested to leave so that we do not attend in two months time for the new term and I am being told, sorry, you are 3 months too late to tell us that. They need to know at the end of March that you will not attend from September or you are locked in.

The payments are over 10 months, which means they do not take payment over July and August. to my mind, that is because the activities are not on. THEY ARE DOING NOTHING WITH MY CHILDREN, but they are saying I should pay the £200 over that period and they will release us from September, when the activities begin. This is concession that they are being paid for nothing. It makes no sense for me when I need to hold things together.

But yes, maybe they will take me to court, turn up, and tell a judge that I really should have given them £200 rather than feed the children.

Another voice for speaking to Stepchange - and send them a letter saying you won’t be paying as you have to prioritise your debts. In reality they’ll be highly unlikely to pursue you and if they did, the fact that you’re engaged with a debt management charity will be in your favour.

I really can’t understand people on this thread advising someone with debt and unemployment to prioritise paying for theatre classes over feeding, clothing and housing their children.

Fuck that let them take you to small claims.

Write (type) a very formal letter citing the contract law protecting your rights. This will scare them enough to realise that it is not worth the hassle to pursue this any more.

They will not take you to court for such a small amount especially when you have pointed out to them how the contract you were given was not enough to emphasise this payment clause.

Good luck and stand your ground. I bet once they receive a letter from you, they will back down. I have used this tactic myself and have been successful both times.

Except there isn't any contract law protecting you! The Unfair contract terms act MIGHT help you but the judge would probably think that a term's notice for school fees is the industry norm and is reasonable.

Ultimately OP you can’t pay what you don’t have. You’d be stupid to take someone who has no money to court.

I would try to negotiate a payment plan with them. I think that is your best option. At £163 a month, you must owe them several hundreds. I think you are naive to think that they will not pursue it through the courts.

I used to run theatre classes although our terms were a half terms notice so you would have been fine giving notice in May to leave in July. I personally think a whole terms notice is an unfair term but half a term is reasaonable as it allows for planning.

What they are effectively charging you are fees in lieu of notice. So they may have planned their marketing budget etc based on existing numbers. However, I always felt there was a difference between notice after Christmas and notice in the summer, I would have released you from the contract but I was told that it was a fair term.

Can you just not. Please. Its so tedious when posters so emphatically state something completely wrong.

Sch 2 of the Consumer Rights Act 2015. Terms must be transparent and prominent - and even if they are, they can be ruled unfair and unenforceable.

A disproportionate notice period for a business with a likely long waiting list with no discretion for financial hardship, buried 30 paragraphs in, would absolutely fall under this. No need for hunting down case law.

The Unfair Contact Terms you mention (I assume you mean from 1977?) don't apply to b2c contracts, only b2b. The CRA has been in place for a decade, you're 50 years out.

I knew this would be Stagecoach. They are quite upfront about the notice period and tell you about it in the welcome email, the welcome brochure and every fee collection email. That's how I knew to give enough notice. They have a two term rule because their teachers are often performers so need to give them advance notice if they're needed or not or can audition for roles instead.

Has OP said it is Stagecoach? I used to work for them and their terms were a half term's notice to leave at the end of term, not a full term. I just checked and it is still only half a term's notice.

Also we wern't allowed to charge for extras except for the cost of a ticket to watch the end of year show if it was held in an external venue.

(I did, however give up my franchise after a management change)

o it's no good burying something like that (that you're agreeing to such a long notice period) in the body of the general Ts&Cs; it should have been flagged somewhere prominent, such as on the enrolment form itself.

I agree. When I ran a Stagecoach the half term's notice was printed as part of a short paragraph right above where you sign the enrolment form and was also confirmed again in the acceptance letter.

They have enough time to fill the space. They could definitely budge, I'd agree to pay half, if they don’t re-sell the placement, why should they make money twice under exceptionally circumstances.
Cancel the direct debit or change your card.

You got a discount for paying by direct debit instead of monthly. Could you offer to pay the difference?

I would be the type to send an email or notice stating you are withdrawing and unable to pay any forthcoming or future fees . Then just not pay . I think it would be too much for them to to pay anyone to chase this debt .

They won't take you to court over it. Get advice from citizens advice and then tell this company to get stuffed. You can't pay, end of

It sounds v unreasonable of them. I would threaten to email my local MP, make a complaint to head office if there is one, or threaten to go to the local paper. You are giving them plenty of notice.

My dad runs a similar thing (group music lessons). He takes payment for the term in advance (it's nowhere near as much as they're charging - £7 per child per week!) but you can cancel at any time for the next term. Having to give an entire terms notice is insane imho, especially given it's the summer so 5 months from start of April to Sept as you say. I think they're being extremely unfair and I wouldn't pay and do as above posters have suggested.

Just cancel the direct debit. Tell them you are already in the minus , cannot put food on the table and feeding your kids is your priority not their terms and conditions. When you are able to pay what's owed you will but unfortunately needs must and if they want to take it further they can ( I doubt they'd get anywhere or if they went to small claims and it goes to mediation 1st. Offer £10 a month or something until your situation improves.)

Also add. You can't give them what you haven't got. You've communicated with them and not just ignored the situation

They will have a waiting list. Don’t pay

Dont pay them and let them send your bill to a debt collector - they will be far more open to you paying a massively discounted amount per month far less than the company is asking for once you show them your income and expenditure

Haven't read all other answers but I wouldn't pay. It's unfair and as a childcare provider myself we are told that the conditions of our contracts have to be fair. So regardless whether a parent had signed and agreed at the time if a court decided it was an unfair term it wouldn't be enforceable. I doubt they'll go to court anyway and if they do you won't get a ccj if you offer to pay a payment plan.
I really hope things improve for you soon.