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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to not pay 1st term fees for a school my DC is not going to?

111 replies

staranise · 18/07/2008 15:55

Bit of a long story but...

DC didn't get into any of her state school choices in April. After a few weeks of panicking and getting nowhere with the LEA, we reluctantly registered her private, paying a deposit of £1000+. A couple of weeks later, the council acknowledged they'd calculated our route wrong etc and we got a place in our first choice state school. I emailed the private school saying that DC would not be going there, though we had paid the deposit, they migth as well keep the place open for her (they are not full, indeed are undersubscribed so we were not taking up anyone else's place), though we didn't need home visit/induction/uniform details etc.

Now have jsut received an invoice for first term fees. According to them, we had to give a term's notice in writing - though we only registered her half-way through the summer term anyway, and thn told them she wasn't going two weeks later.

Are we at all liable for these fees? We've already lost the deposit, which is fair enough, but it never occurred to me they might pursue us for fees as well. Are they likely to seriously expect us to pay them?!

OP posts:
itati · 18/07/2008 17:08

You said your child wouldn't be going, but they might as well keep her place open. You were hedging your bets and it has back fired. Sorry.

Hulababy · 18/07/2008 17:08

But you did not give notice in June - you asked them to keep the place open.

Original poster
staranise · 18/07/2008 17:11

i genuinely thought I was withdrawing her but as they are undersubscribed they might as well keep the place rather than us have to pay the admin costs again should the council withdraw their offer (because of shenanigans over the route etc).

will see what they say...

OP posts:
LIZS · 18/07/2008 17:12

Agree with itati. The fee payment is in lieu of notice ie as if you gave notice in September for Christmas. tbh if there are two of you trying to claim similar you are less likely to get anywhere. The school would have taken such a late enrolment as a firm commitment.

Hulababy · 18/07/2008 17:13

Your mistake was in asking them to keep her place open, although even then you may still have been liable for a term - although if you cancelled within 14 days you might have been able to argue a cooling off period type thing.

TBH private schools have to have these rules - to stop people doing what you and your friend have done.

hatrick · 18/07/2008 17:14

This reply has been deleted

Message withdrawn

hatrick · 18/07/2008 17:17

This reply has been deleted

Message withdrawn

Original poster
staranise · 18/07/2008 17:26

It's a long story so quickly as poss: we were appealing over route, which meant teh council refusing to confirm for a week or so that we had been pushed up the waiting list, though they hinted at it. Also, extra places were added to our first choice school but again the council wouldn't confirm this was happening, but said stuff like we were due 'very good news' and were no longer on the waiting list etc etc.

OP posts:
Original poster
staranise · 18/07/2008 17:27

Thanks for all replies and/or advice. Have emailed the school, will see what happens.

OP posts:
Turniphead1 · 18/07/2008 17:29

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Original poster
staranise · 18/07/2008 17:35

Don't worry, I wouldn't dream of billing the council!

One last thing:

Contract says more or less-

"if the deposit is paid and the place accepted, but the child doesn't attend, the deposit is not refunded" - full stop, end of paragraph. No mention of still being liable for fees etc. This what I meant re. being prepared to lose the deposit but no idea we would still be liable for fees...

OP posts:
cory · 18/07/2008 17:45

Looking at it from their point of view, if you ask them to keep the place open until August, then that seriously reduces their chances of getting another child to fill that space. Which means they will need to get the first term's fee money off someone, i.e. you.

I know what you're saying- they're not full anyway, but they have to have a general policy that applies all the time.

TheFallenMadonna · 18/07/2008 17:48

They have treated the deposit and the fees spearately is all. Information about both was there. You just didn't see it, or at least put it together.

ThingOne · 18/07/2008 17:49

Well good luck with your negotiations staranise. You have misunderstood - they're not pulling a fast one. Maybe they will meet you part way if you are polite and persistent? And perhaps add that little line to the T&Cs making the payment of fees in advance explicit.

SqueakyPop · 18/07/2008 17:54

Schools do not give firm offers of more places than they have. Honest.

Original poster
staranise · 18/07/2008 17:59

need to stop posting but trying to figure out how we have got into this situation... eg, lots of my friends go private and yet not one of them mentioned we could be liable (clearly am not blaming my friends, jsut wondering how everyone on MN seesm to know about this except my neighbourhood!). Eg, was talking to a friend today who goes private herself and she brought up the topic first, saying how shocked she was that a friend of hers is in the same situation (diff. school) and she'd never heard of such as thing.

ANywya, jsut told Dh who said let's not worry about it right now (he knows how much I freak out when pg...), it is friday night after all...

OP posts:
zippitippitoes · 18/07/2008 18:02

i am guessing if they take the places then they wont be discussing the effects of not taking a place

you dont get a refund if a child is expelled either

wheresthehamster · 18/07/2008 18:14

If you have to pay the first term's fees efffectively your dd will have been 'attending' school and when she 'leaves' at Christmas won't you at least get your £1200 back?

Original poster
staranise · 18/07/2008 18:16

yes, but we'll have to pay an additional £2k.

OP posts:
Springflower · 18/07/2008 18:20

"if the deposit is paid and the place accepted, but the child doesn't attend, the deposit is not refunded" - full stop, end of paragraph. No mention of still being liable for fees etc. This what I meant re. being prepared to lose the deposit but no idea we would still be liable for fees...
I'd say that means you shouldnt have to pay. And did you say you had a letter saying sorry the child isnt coming? I dont think you should be liable and surely it is unlikely that they would take you to court?

zippitippitoes · 18/07/2008 18:22

but the y still require a terms notice

Original poster
staranise · 18/07/2008 18:24

i wrote them a polite email, apologising for any confusion etc. Will see what say...Hope they put me out of my misery soon!

OP posts:
zippitippitoes · 18/07/2008 18:25

well good luck

i know how you feel re spending money you really really dont want to

Original poster
staranise · 18/07/2008 18:26

thanks

OP posts:
llareggub · 18/07/2008 18:27

I've just registered DS for private pre-prep. We have to pay £50 to register and then a deposit of £500 to secure him a place. Once we've paid the £500 to secure the place we become liable to pay the next term's fees. The £50 holds us to nothing but security of knowing we'll be offered a place.

So it seems pretty clear to me that once you pay the deposit, you are liable for the terms of the contract, which is to give a term's notice to get out of it.

You are liable and the only way you'll get out of it is to beg and plead. It amazes me that people enter into these contracts so lightly. I have to say that if I were the bursar of the private school I'd have exactly the same arrangements in place for budgeting and planning purposes.

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