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

A 7 day demand is a common (and cheap) step to take when trying to collect a debt. It doesn’t actually mean they will commence legal action. I would reply setting out the reasons why you don’t feel you should pay and why you can’t in any event. They may well decide it’s not cost effective to pursue.

Yes, try not to panic. Write a clear and concise summary of the facts: the date you first gave notice, and when your children planned to finish at the school; the school's confirmation of acceptance of your notice; the date you advised the new date the children would finish at the school; any acknowledgment from the school; proof of payment for all terms up to end of children's attendance. Calmly state that as you met the terms of the contract for providing notice you do not believe you are obliged to pay any further amounts, and that given your financial circumstances wouldn't be in a position to pay the fees they are seeking.

Thanks for all your advice. The solicitors who sent me the letter said I have 7 days to pay and if not they will charge interest plus expenses of the action of taking it to court. Therefore if I can't pay will it be the same circumstances like if someone can't afford to pay a credit card bill or bank loan or is this more serious?

I also just want to say I really appreciate every single person whose given advice on this forum it really means a lot to me.

@amy676

The threats are part of their tactics. Don’t let them intimidate you. Stand your ground.

They may not be threats; the contract may well include an agreement for interest and costs. That’d not be unusual or unenforceable.

I don’t think the op has met the conditions though so it will just be standard process

I’m not sure what happens with court etc op but it must be very stressful

If the contract stated 1 terms written notice you must give written notice before end of Spring term. June is too late to leave in July. Now you will be obligated to pay until end of Michaelmas term in December. Everyone knows a full terms written notice is required and I expect they will take you to court for the missing funds. A simple email sent in time could have avoided this debt. I suspect you will be taken to court, a Summons notice issued and baliffe sent to collect the debt. Could you take out a loan to repay the debt to avoid getting bad credit against your name? Could you remortgage?

Thank you for your message. It is a real worry for me I will see what I can do.

Op, I may have been missed, you are in Scotland. We have advice legal aid if not working. Covers letters. Go on law society page and search legal aid solicitor near you.

Thanks for all your advice. The solicitors who sent me the letter said I have 7 days to pay and if not they will charge interest plus expenses of the action of taking it to court. Therefore if I can't pay will it be the same circumstances like if someone can't afford to pay a credit card bill or bank loan or is this more serious

As I mentioned before, in a England they'd likely go for a bankruptcy petition if you own your own home. Not sure what they are likely to do in Scotland.

If you own you own home but have no liquid cash they try either force a sale or put a charge on the property. On top of legal fees the costs of doing so could mount up and £10k turn into much more. I know others have said stand your ground but it could escalate, sorry. If you don’t own your own home then it will be harder for them to pursue you for the money.

Were you solely responsible for the fees? What about the children’s other parent? Can they jointly pursue them?

Any update op?

Just reading this thread, OP, I feel for you so much, and can't believe how harsh some of the responses have been. From my reading of this, the school failed to engage with you when your children returned for a new term even though you'd given previous written notice that they wouldn't be doing so - why on earth did they not reply to your emails and establish what this meant in terms of your previous notice? I would think they would find this quite hard to explain in front of a Sheriff, as they then themselves ensured a confused situation with a parent who they knew was ill and financially vulnerable.

I hope you've managed to get some proper legal advice on this.