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

You need to pay them unfortunately. Set up a payment plan

I'm sorry Amy676, but it sounds like they are following their procedure. They are taking your email of 22nd June as notice, but because it was at the end of the summer term and not the beginning, so not a full term. Hence the bill for the autumn term.

All you can do at this point is to appeal to their better judgement - I doubt they will let you off the fees, but you should ask for a re-payment plan. I'm not familiar with the Scottish system but I assume they can take you court. I would really try to set up a re-payment plan with them as a debit collection agency can add interest making the bill even larger.

Whatever you do - put it in writing.

You might be better asking to meet with the bursar rather than the head - this is a busy time of year for a head and the problems of one soon-to-be ex parent is not going to be worth much of the head’s time or patience. The bursar is the person responsible for collecting fees, so is in a better position to consider compassionately how you can best meet your responsibility to pay.

Hi, if I do make an offer of instalment payments I wonder how long they would give me to pay as it seems overwhelming. I probably would need a few years to pay this money as I tried to get a loan to pay it off but I got refused.

Sorry but you are at fault here. You gave notice right at the end of term they are a business with staff to consider. They have to give staff a terms notice £10K is half a teachers salary.

of course you give notice in writing just like with a bank - in writing signed and dated.

just like you didn’t get the place under you signed and paid a deposit.

or a nursery.

saying you had long Covid is irrelevant - a granparent could if stepped forward to help but your money concerns verbally in passing is not notice - a formal sit down meeting with the headteacher fine

Don't yet. Get a solicitor as I've said above. Get some advice, go from there. If not working will get legal aid

Citizens Advice will be able to help you. Please contact them before you speak to the school again.
www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

Hi everyone, thank you for all your replies. Yes, it is true that I have breached the contract and I do understand its just my circumstances were such at the time as I was really really unwell and was even unable to remember with brain fog. However, I will take everyone advice and contact school, also contact solicitor and get the relevant advice. I am not sure if its worth me contacting a solicitor right now but first see what the finance manager has to say.

It’s quite clear at DC school that written notice must be given a term in advance. It’s pretty standard for all private schools in this area and they will seek remuneration if contact is not followed.

They are quite flexible at DC school with payments as long as parents are engaged; agree with PP you should ring the bursar and have a chat as a first step.

There’s no point in contacting a solicitor if the terms of the contract are for notice to be given in writing, and you failed to give it prior to the end of term then you’re liable for a terms fees.

Contact Stepchange for advice on how to deal with the debt.

Hi I also found an email of mine that I had wrote saying that they took my notice as 'official notice' and that I would only be liable to pay up until the Spring Term. I think I should resend this to the finance manager as the principal is denying this but I have the email.

Don’t waist your money on the solicitor, you clearly breached the contract. Agree call the finance office and ask what your options for paying are.

Im a lawyer.
Dont pay.
yes contract says notice in writing BUT you gave verbal notice which they accepted. You relied on their acceptance of that notice to your detriment by not then also providing notice in writing.
it’s called equitable estoppel. It’s a full defence to any claim they now bring. __

Thank you 2Kool4Skool. I was looking through my emails as due to long Covid I knew I told them verbally and I knew it was mentioned somewhere over email with the finance manager. The date they had actually taken my email as official notice was back in November 2021 and said that they will only charge me up until the Spring Term as take it as official notice but I think the kids continued a little later until June instead of March as was arranging another school for them and due to ilness things take me much longer.

So you gave notice that they'd leave at the end of Spring Term, but they actually continued attending for another three months?
Maybe they assumed you'd rescinded your notice? You've certainly muddied the waters...

Isn't that what they're billing you for though - the Autumn term?

Ooh this looks promising!
Here's what I found
promissory estoppel (sometimes referred to as equitable forbearance)—where A has made to B a clear and unequivocal promise or assurance in relation to their legal relations, which was intended to be acted on accordingly, then, once B has taken A at their word and acted on it to their detriment, A cannot afterwards revert to their previous legal relations as if no promise or assurance had been made by them.
which I interpret as A (school) accepted your notice and made certain assurances (i.e. payment to a certain period only) to B (you).

Is that about right @2kool4skool ?

Have you paid up to the spring term, op? Despite your children attending all but one week of the summer term as well? Your posts are quite convoluted.

I'm heading out but remember, it's SCOTTISH law, very different.

From what I can see, you gave notice, should have left march. End of. Continued summer term, no new contract, verbal notice given. You will get legal aid, get a solicitor to write to them, or point this out to finance. They should not have let children return after Easter once notice had been given and in light of information you had given, without a new discussion or contract

The school accepted verbal notice, rather than contractual written notice, Amy relied on that acceptance so did not then provide written notice. (Acting to her detriment as she then lost the opportunity to do so in time). The school then sought to enforce the requirement of written notice. They can’t do that.
the giving notice then carrying on does muddy but I’d lead with the above!

Is the £10k payment for the actual time attended during the summer term, though? It's hard to tell from her posts, but it sounds like the last payment she made covered up to and including the spring term only?
I could be wrong...

Don’t pay.

Resend that email cc everyone in for their attention including the Bursar. Not good of the Head to ignore this. The email sent should stop any further threats from them. When you forward it, make sure you send a strongly worded email as it’s their fuck up.

I paid the full Spring term fees they are asking me to pay from August-December even though my children have already left.