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Original poster

Should I pay for the rest of the tuition fee of this term?

26 replies

shawnch · 14/10/2018 01:59

Urgent help request! I paid a deposit of GBP 500 to an independent school in Birmingham a week ago. However, because of my job relocation, we moved to London this week and are looking forward to another school in London for my DS. Yesterday, I informed the school in Birmingham that we would move to London. However, its headmaster reminded me that I needed to pay for the rest of the tuition fee of this term deducted the GBP 500. I don't know if I have to pay for it in the case that my DS wasn't in the school for even one day. If anyone has comments I would appreciate. Or anyone could recommend a lawyer for me? and what a cost for the law consultant service? Thanks.

OP posts:
Bekabeech · 14/10/2018 05:24

You are lucky he isn't asking for next terms fees as well. The normal notice period is one term. And you will have signed a contract that should make this all clear just like and business arrangement.

Rodent01 · 14/10/2018 05:31

Yep. You took the space and they now have to spend time re-filling it and loosing the fees while it’s empty.

It will be in their T and Cs, they are a business. You need to pay.

PastaRedWine · 14/10/2018 06:18

Did you sign an acceptance form?

Caprisunorange · 14/10/2018 06:21

It was only a week ago. I would investigate whether you are covered by the statutory cooling off period you get after signing a contract (14 days?)

shearwater · 14/10/2018 06:22

What do their terms and conditions say? When does the fee payment become due?

meditrina · 14/10/2018 06:26

What should youndo about it? You shouid pay it if course.

Just like you should pay any bill that you have signed up to.

It sounds like the school are waiving the standard notice clause (one full term's notice) and only billing for this actual term of joining. It is not their fault he did not actually start.

If it helps, just think of it as one of the costs of relocation (one that could have been considerable higher had they held you to standard T&Cs)

shearwater · 14/10/2018 06:35

I think generally, if it was only a week ago, I might expect to lose the deposit but not be liable for the full term's fees. What do their terms say though?

BookWitch · 14/10/2018 08:35

I used to be a governor at a Private school and used to hear deposit and fee payment appeals.

You have to check what the contract says.
The standard for many private schools will be you must give notice at the beginning of term to withdraw at the end of that term, otherwise the deposit will be forfeit.

My school used to hold a full term fee as deposit, so if notice was given by the first day of term, parents could use the deposit as that terms fee.

So if your deposit was 500 pounds (I assume less than the term fee), that will certainly be forfeit if you have only just given notice.
If the term fees were due at the start of Sept, and you have only just given notice, you are certainly liable for the term fees.

It's nearly half term- has the school been holding your son's place the whole time not knowing what you are doing? Lack of communication from parents is usually an issue when appeals ended up on our agenda.

When were the first term fees due?
When did you given notice?

BookWitch · 14/10/2018 08:39

Sorry just saw you paid it a week ago.
Honestly, you were paying deposits for private schools in Birmingham last week, and since then your job has moved you to London? With zero warning?

If you want to seek legal advice (I am not a lawyer), I would go after your employer for the loss, not the school.
I have dealt with families seeking depsoit return due to sudden relocation. Employers sometimes pay it as they see it as an expense to get the right employee in the right location.

Caprisunorange · 14/10/2018 09:44

www.which.co.uk/consumer-rights/advice/how-to-cancel-a-contract-without-being-penalised

Looks like you’ll be fine OP

BookWitch · 14/10/2018 10:10

Caprisun - I think that would only apply if she had purchased something online or over the phone, or a rep from the school had come to her home.
I don't think the ''cooling off'' period will apply here, but I am not a lawyer, it might be worth her checking it out.

Caprisunorange · 14/10/2018 10:27

The cooling off period relates to a contract- you can cool off any contract AFAIK

LIZS · 14/10/2018 10:42

A lawyer would probably cost as much as the balance of fees, and no certainty of outcome. When was your dc due to start. If they have kept a space open on the basis of the deposit they are unlikely to refill it this term. Normally you are liable for fees in lieu of a full term's notice issued before the start of term, so now would include next term too. Terms and conditions on paying a deposit should be on their website.

Dazedandconfused1988 · 14/10/2018 10:52

I’m sure that you’re entitled to the cooking off period 🤷‍♀️

LIZS · 14/10/2018 11:06

If op has met the head at the school , as indicated in previous threads, I don't think it is covered by distance selling rules (terms and conditions explain this and that liability is for full term if place is subsequently not taken up).

AlexanderHamilton · 14/10/2018 11:12

This is a more relevant link. Unfortunately I think that you are liable.

Bombardier25966 · 14/10/2018 11:17

@Caprisunorange You need to read your own link. The CCR right to cancellation applies to contracts made at distance or by doorstep selling. There are also exemptions where the service provider makes it clear the service is available immediately (it appears the place was for this term, not starting in Jan), and in specific circumstances where a service is for a specific "event" on a specific date, which may well include a school place.

Original poster
shawnch · 14/10/2018 14:07

Thanks for the replies. I would read the C and T in advance before I could provide more details to you. Thanks.

OP posts:
GaribaldiGirl · 26/10/2018 17:52

Private schools are not businesses they are CHARITIES 😂
Unless it is a massively oversubscribed school which has genuinely lost a pupil because you are not taking the place I think you should try to reason with them. You clearly gave a good reason, you are not one of those annoying parents who sign up to several schools and back out because they got a better offer.
Something similar happened to me and so offered half a terms fees which they were very happy with.

Namechangeforthiscancershit · 26/10/2018 17:55

The cooling off period relates to a contract- you can cool off any contract AFAIK

Not if the contract wasn’t entered into in your home (or bizarrely on a trip arranged by the school...ok that one’s a long shot, I assume they are getting at timeshares there)

RoseAndRose · 26/10/2018 17:56

Not all private schools are charities.

WombatChocolate · 27/10/2018 11:38

Would help to have more detail.
When was the place for and since when were you offered it?

It does sound an odd and unlikely timescale, to both accept a school place and pay the deposit (suggests not due to start until later...was this for next September?) and then to move and start new job all within the same week.

Please clarify timescales of offer being made, when due to start etc.

Bombardier25966 · 27/10/2018 11:49

Private schools are not businesses they are CHARITIES

They're charities because it benefits them for tax purposes, to all other intents they operate as a business (as do many charities).

OP hasn't been back in nearly two weeks. Seems unlikely she will now ...

GaribaldiGirl · 28/10/2018 14:30

I made that point about charities only because sometimes their behaviour is fairly uncharitable eg holding chunky deposits from parents whose circumstances change unexpectedly - even when they know they can easily fill the place and recoup the money.