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Original poster

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

214 replies

amy676 · 24/08/2022 20:42

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

OP posts:
dribblewibble · 25/08/2022 10:07

What @MarshaBradyo said. That's what I'm trying to figure out. It may be that by sending them back after Easter your notice "reset" for want of a better phrase, and your contract may say you need to give a full term's notice - and since you sent them back after Easter and didn't tell the school until after that date, that term doesn't "count".

But no one can really advise you since we can't see the contract.

Moonlaserbearwolf · 25/08/2022 11:31

When did you send the email? This could be key.

If the school is struggling with numbers, they will be doing everything to get this money from you if you didn't follow their leaving policy to the letter. You may have a better chance of reasoning with them if they have healthy pupil numbers. I know several families who have managed to leave our school at short notice without paying a terms fee, but post-Covid the school is bursting at the seams with new applicants who have left London schools. Definitely worth trying to negotiate.

berksandbeyond · 25/08/2022 11:36

I'm not sure why you're confused. You have signed a contract that says you need to give a terms notice, you haven't. You're therefore being asked to pay the terms notice...

berksandbeyond · 25/08/2022 11:37

I don't know why you keep saying your kids won't be there, that doesn't matter remotely - you're paying a notice period whether you send them or not

dribblewibble · 25/08/2022 11:41

amy676 · 24/08/2022 21:00

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.

The original contract says full terms notice.

You have evidence of having told them on 22 June.

That's not a full term's notice if you weren't sending them back in August?

StillGoingStrongToday · 25/08/2022 11:45

Oblomov22 · 25/08/2022 05:45

I'm afraid OP doesn't write clearly and it's very difficult to follow her case. This means dealing with her will be confusing for finance manger, bursar etc.

The only good bit is the email that she's now found which mentions her notice as being accepted. I see that as critical.
Have you reminded bursar of that particular email?

Don't just ignore demands. Phone or email or communicate with everybody or else it will very quickly turn into a CCJ (or similar).

That was before she changed her mind and sent them back for a term though, wasn’t it?

You can’t rescind the notice and then still rely on it.

An important question is what was said at that point. Was the request to extend for a single term, or was it just to forget the notice and have them back on an ongoing basis?

StillGoingStrongToday · 25/08/2022 11:48

amy676 · 25/08/2022 09:42

The problem is after Easter I was worse in my condition than I am now as I got Covid again ( I already have long -Covid) so this is where the lack of communication about me resending them back took place and the kids were sent to school but I did send an email to the principal that I do have the intention of leaving but its just taking a bit longer as the finance was on holiday too that time.

So it was an open-ended arrangement again, not an agreement that they would definitely only be extending for one term?

dribblewibble · 25/08/2022 11:49

What @StillGoingStrongToday said.

Connie2468 · 25/08/2022 11:52

@amy676
You need to find the email you sent at the beginning of the summer term telling them the children were leaving at the end of the term.
Even if they didn't respond, this is written notice.

dribblewibble · 25/08/2022 11:52

Connie2468 · 25/08/2022 11:52

@amy676
You need to find the email you sent at the beginning of the summer term telling them the children were leaving at the end of the term.
Even if they didn't respond, this is written notice.

Yes but depending on how the contract is worded it might not be enough if it was sent after the start of the summer term.

Crikeyalmighty · 25/08/2022 11:53

I'm going to be honest Amy, both me and my H ended up with a CCJ about 9 years ago because of an identical situation , even worse we had no idea of it to even defend it or make a payment plan because they only started chasing it 6 months after it was due by which time we had moved and had only done a mail redirect for 3 months- no emails, no calls. It only came to light when we were moving house 3 years later. I then immediately paid it off (it was only 1 child and 1 term) but it was a total pain for a further 3 years and impacted both of us.

Like you I had given notice on an email

All I can say is try and sort it at this stage if you can- even if it involved extending mortgage or something.

StillGoingStrongToday · 25/08/2022 11:54

Connie2468 · 25/08/2022 11:52

@amy676
You need to find the email you sent at the beginning of the summer term telling them the children were leaving at the end of the term.
Even if they didn't respond, this is written notice.

It’s written notice, but is unlikely to be sufficient. I suspect (but the OP will need to confirm) that notice needs to be sent before that term starts if it’s to be the last one.

dribblewibble · 25/08/2022 11:54

@StillGoingStrongToday that's what I think too. I'll bet it says something like "a full term's notice" or "notice of one clear term".

dribblewibble · 25/08/2022 11:55

Think about it. If it didn't say something like that, everyone would give notice the last day or summer term and not send the kids back in august or sept and the school would be screwed.

StillGoingStrongToday · 25/08/2022 11:58

We had to pay £4,000 to our child’s prospective school the best part of a year ahead of his start date, and lost the lot when we decided to send them to state school instead. It’s unfortunately just often the case that private schools do have quite harsh conditions in their contracts.

I was tempted to ask if they would consider refunding it, but if we decide later on that we want to switch back then I’d prefer to be listed as not being difficult to deal with.

Had he attended it would have been held until he left, seven years later.

Pumasonsatsumas · 25/08/2022 12:21

If I were your solicitor I would advise you on no circumstances to pay or offer to pay. You gave notice which was accepted (finance manager is an agent of the business so that is acceptance regardless of what principal thinks). You had simply agreed an extension on final date. Don't let them intimidate you into handing over ten k you don't have and don't owe them. Seriously, and don't let them wear you down mentally. Ball is in their court to get you to pay. Good luck to them with that!

StillGoingStrongToday · 25/08/2022 12:25

Pumasonsatsumas · 25/08/2022 12:21

If I were your solicitor I would advise you on no circumstances to pay or offer to pay. You gave notice which was accepted (finance manager is an agent of the business so that is acceptance regardless of what principal thinks). You had simply agreed an extension on final date. Don't let them intimidate you into handing over ten k you don't have and don't owe them. Seriously, and don't let them wear you down mentally. Ball is in their court to get you to pay. Good luck to them with that!

I can’t see where she had agreed to change the date as opposed to making a new open-ended agreement.

Could you quote the relevant text?

MarshaBradyo · 25/08/2022 12:35

I’m not getting that advice either

The op needed to give a full term’s notice

It is odd that the dc just toured up if she didn’t clearly communicate before they did

But it depends when the email was sent

MarshaBradyo · 25/08/2022 12:36

Turned…

Original poster
amy676 · 25/08/2022 13:41

Hi, I do have an update today I was sent an email from a solicitors the school is taking court action against me unless I settle the full fee within 7 days! I don't even have money for a solicitor. I tried ringing citizen advice and no one is answering I really feel so emotional.

OP posts:
Floweryflora · 25/08/2022 13:51

Op is the childrens father on the scene? Are you completely alone?

StillGoingStrongToday · 25/08/2022 13:59

amy676 · 25/08/2022 13:41

Hi, I do have an update today I was sent an email from a solicitors the school is taking court action against me unless I settle the full fee within 7 days! I don't even have money for a solicitor. I tried ringing citizen advice and no one is answering I really feel so emotional.

How much can you afford to pay per month?

One option is to tell them that you will start paying what you can afford, whether that’s much or not, but that you are paying under protest as you do not agree that you are liable.

Could you answer the question which people have asked regarding the actual language in the contract, and about what was discussed (and how) when you changed the plan and sent them back for another term?

Notplayingball · 25/08/2022 14:25

Finally rtft. What a mix up. Hopefully you get through to CAB for advice on what action to take next.

FlakeSnow · 25/08/2022 15:37

If you told the school you were withdrawing your kids verbally, then when said date of withdrawal came, despite what you said you continued to send your kids to the school, it suggests you don’t honour or mean what you say. No wonder they are non communicative. To date, have you given a terms written notice from the last date on which they attended?

Fleur405 · 25/08/2022 17:06

We definitely do have debt collectors in Scotland - just not bailiffs like they have in England.