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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:
peteneras · 28/10/2018 16:48

Now this may sound ridiculous and some may even say stupid. The question I'd like answered is, did the school actually make an offer to OP or not?

Sometime around Easter of this year, I was advising somebody almost in an identical situation as the OP - please note I'm not a lawyer and has zero legal qualifications! After many months of comings and goings I eventually sat down and looked carefully at all the paperwork when I finally had them all at my disposal. Within a few short minutes, I concluded that there wasn't a contract that existed between the school and my 'client'.

It transpired that my 'client' had enquired about a place at the school earlier in the year for their child starting September this year and the school replied asking for a deposit of sorts (?). A 4-figure sum was immediately paid as requested. Come Easter time and 'client' had changed their minds about going to that school. The school then asked for a full term's fee in lieu of notice and client sought my advice.

I began to look at the T&Cs and then ploughed through the paperwork looking for the 'Offer Letter'. Not there! Phoned up 'client' feeling quite annoyed as I had specifically asked for all paperwork. 'Client' (who's from overseas) was puzzled and swore that they had sent every scrap of paper to me.

From here, I concluded that 'client' need not pay a single penny more to the school but instead, was entitled to ask for a full refund of the deposit they had paid. Following are my reasons:

  1. A contract does not exist here because no "offer" was made by the school either in writing or verbally and therefore, no "acceptance" to the "offer" was forwarded to the school.

  2. The "deposit" requested by the school could be for anything e.g. boarding consideration, books, uniforms, etc.

  3. Since 'client's' child is not now taking up the school place, a full refund of the deposit minus the nominal admin expenses is now due.

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