Please send me your advice - unable to pay private school fees

[amy676]

Hi everyone!

I hope someone can help with advice. My two children were attending private school up until before the summer term when I took them out as I can no longer afford to pay due to personal circumstances. The children don't attend the school anymore but I have been getting letters demanding payment of up to £10K but I did explain my situation to the school and my intention to take them out in March 2022 but they said I should have given them written notice and not just verbally and now keep asking for payment.

What would happen as I don't have means to pay what would the school do and what action could they take against me as I'm worried. Please do kindly advise.

Thanks, Amy

Did they complete the summer term or leave before?

Hi stairgates, thanks for replying, they left a week before the summer term ended which in Scotland is end of June.

What does your contract say about giving notice?

Is the 10k for school already attended or for next year, for which they are saying you have given insufficient notice?

It does say that you have to give 1 terms notice (which is 3 months fees) however I verbally told them as I was unwell at the time with long-Covid. I don't know is there anything I could do as I am still off sick with long-Covid and not even fit to return to work.

If you didn't follow your contract (if it asked for written notice) then i believe they can chase you for the money.

The 10K is for the term but the children are not even attending the private school

Hi, would that involve debt collection agencies or taking to court? I really cannot afford to pay and really worried.

At the moment I am not even working and on sick pay

I've heard of this before, sorry. It's crafty of them not to tell you to give your notice in writing but it is in the contract which you are now in breach of.

You need to check the original contract you signed when your kids started at the school.

A full term's written notice is standard and this means usually it's the last day of the Easter holidays eg 5th April (if they go back on 6th April) to get them out at the end of the summer term. And the contract usually states this notice must be in writing - and if you did this then there is a paper trail.

If you didn't do this or only did it verbally then you are likely to be in breach of contract and they can and will charge you FILON (Fees in Lieu of Notice) which will be fees until Christmas this year.

So check your contact. The actual one you originally signed, not their current contract which may have changed. What does it say?

Who at the school did you tell that they were leaving? Was this verbal notice given 3 months before the end of term?

Hi Twillow, thank you for your message. If I have no means to pay what would be the best course of advice. I tried explaining my situation to the school but they are not sympathetic.

Cross post. I see you only told them verbally. I hear that you were unwell but it would have only needed a one line email from you "Billy will be leaving the school at the end of summer term" to give them the notice their contract requires.

This is standard and the fact that you didn't do it means they can and will chase you for fees up to Xmas even though your children have now left.

I would try to write an email to the Head appealing for some leeway. If not then you may need to see a solicitor but it looks like you're in breach of their contract and it's a situation many private school parents have found themselves in.

Hi there, the original contract does say a full terms notice which is up until Christmas even though my kids won't be there but as I was unwell I had verbally told the principal but now he is saying I should have written it but even now they have taken my email on June 22nd telling them I will no longer be sending my children to school as notice but still require the term fees.

I have wrote to the principal several times but the principal is now ignoring me. I got a letter from the post saying immediate payment required.

The best you can do is make a formal offer instalments even if a small repayment, this shows if it does go to court that you have attempted to make some offer of repayment.

They could pass to debt collectors or they could apply to the courts as a money claim. If it goes to court, it may result in a CCJ.

Sadly not, you entered into a contract and you signed the obligations to pay and give appropriate notice.

As you did not in the manner they set out in the contract, it did not fulfil the criteria they set.

You are liable to pay and they will enforce it.

I would suggest you contact the Bursar and ask for a payment plan or have a meeting with the school.

They are more likely to consider a compromise this way.

If I have no means to pay what would be the best course of advice. I tried explaining my situation to the school but they are not sympathetic.

From their point of view you didn't give them enough time to fill the place so whereas if your child had attended until Xmas they would have got autumn term's fees from you, they're now £10k out of pocket because you didn't send them an email giving notice.

Who did you tell verbally? And exactly when? If it was once summer term has already started then it wasn't enough notice anyway and the verbal rather than written is a moot point; it usually has to be a full term's notice.

As I said before, I would suggest an email to the Head appealing to their sense of sympathy but don't be surprised if they say you need to pay; private schools are a business and many run at very little profit and can't afford to lose the £10k fees that the lack of notice left them with a deficit of.

You could do with seeing a solicitor to check the contract and tell you whether you're going to likely be taken to court etc

Check the contract.

It will almost certainly say they require at least a full terms' written notice for leaving, or you will be liable for the next term's fees. So you almost certainly are liable.

Most schools would rather negotiate than take legal action though - can you talk to them about paying by installments? If your places have already been filled, the school may be more amenable to a settlement.

Hi Amy,

would it be possible to arrange a payment plan with the school (assuming you are liable to pay the fees)? They might agree to that on the basis that more drastic action would probably be a lot of hassle for them and cost them some money as well.

A county court claim is £455, but a claim usually includes asking the debtor to pay the fees on top of the claim.

Hmmm. Scotland so small claims.

I would start with getting a citizen advice interview or free half hour solicitor, or indeed a legal aid solicitor if low income.

A letter initially, you gave verbal notice march, a term before, covid, unwell.

You cannot get blood out a stone.

Actually ignore that. OP is in Scotland which maybe different to English courts / fees.

Hang on a minute. OP says the contract requires notice, not notice in writing. OP, what does it actually say, please?

I wouldn't give up hope just yet, but instead get an hour or two with a solicitor specialising in contract law disputes to see what can be done.