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Cancellation of service

8 replies

Likeasorethumb · 31/12/2020 17:30

Im asking for some advice re my rights please.
I sent an email to cancel/give notice on lessons my children attend, aware that we may have a notice period. Since I sent this email, the area we live in has unexpectedly been put into tier 4.
The lessons have as a result of being put in tier 4 been suspended. During this suspension they are not taking money from any customers.
The company have acknowledged my email, but have stated that they will not accept my notice until lessons are restarted.
Are they allowed to do this? Or would I be within my rights to state that at a minimum it should have been counted from when term would have started?

OP posts:
Likeasorethumb · 31/12/2020 22:03

Anyone any thoughts?

OP posts:
Lineofconcepcion · 01/01/2021 01:47

What does it say in the contract regarding notice.

Likeasorethumb · 01/01/2021 09:05

We moved to the company from their sister company as my children got older so only have the original terms. However the current terms stated on their website if you were to join now are 28 days. There is no mention of this being impacted by any suspension of lessons or school holidays.

OP posts:
wowfudge · 01/01/2021 09:11

What did the terms state about serving notice, how to serve it and when it would be considered received? If your email pre-dated the change in service provision then I can understand you wanting the notice period to start from receipt of your email. But: if you still have to pay during the notice period then surely it's not reasonable to take payment during a period when the service is not available when they've suspended collecting the fees from those people using the service?

MoreLikeThis · 01/01/2021 09:49

.

prh47bridge · 01/01/2021 10:48

Without knowing exactly what the contract says it is impossible to answer your question. Even then, it may not be possible to give a definitive answer. However, in normal circumstances they would have to continue providing lessons for your children during the notice period and you would still have to pay even if your children did not attend the lessons. They appear to be sticking as close to that as possible. I therefore think they are right, but I cannot say that for certain.

Likeasorethumb · 01/01/2021 13:51

We have no actual terms and conditions from when we joined this company as we moved across from their sister company. From what I can see if we joined now it just states 28 days notice in writing.
If I was to cancel in the summer school holidays, I would expect it to start from the date I'd emailed them, not the start of the new school year.
I have no issue with paying for the days within the 28 days notice, as I was expecting to have to pay part of that. (Although Im also a month in credit with them already having checked our account.) However no where does it state that if lessons are suspended after you have submitted it, then your notice period doesnt start until lessons are resumed.
I guess I'll just have to suck it up whenever lessons are resumed, and hope in the meantime they dont "forget" I've submitted notice when they plan to reintroduce charging for something not being provided.

OP posts:
underneaththeash · 01/01/2021 22:00

Well if you’re a month in credit and need to give 28days notice - they just cancel each other out. Just give them that payment in lieu of notice.,

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