Private school charging FULL term's fees because of 'not enough notice' (5 months)- is this really legal??

[limecrush]

Wondering if anyone else has been there or can advise me what to do...

Am divorcing h and moving out of London. This is only being sorted out now. Contacted school registrar to say can I give notice now for September.

Was told 'yes but you will have to pay a full term's fees because we require a full term's notice' i.e. I have to pay about £3k for NOTHING because I didn't know what I was doing in September before 10 APRIL.

I know I signed up to this. But is that really a fair contractual term?? If one can get out of bank charges isn't there a way out of this?

What if I refuse to pay it claiming I'm giving nearly 5 months notice and it's unfair to ask anything else...do these schools tend to take you straight to court or what??

am just soooo incensed. It's the state system for me once I'm up North I reckon.

A full term's fees is standard, limecrush. It will be on the contract you signed on joining the school.

The school has to sort of staffing for the next term, and in education contracts tend to work on notice period of half a term for state schools, and a full term for private schools.

Did you (or ex-h) pay a deposit? If so, that won't get returned if you don't pay up according to the contract (so - as a thin silver lining - the deposit'll cover some of what's due).

(I'm hoping there was a fat deposit & ex-h paid it.)

aha good point Binks. I will investigate (if ex h will deign to discuss it with me)

Are you jointly and severally liable? If you didn't sign the contract then it seems entirely possible that you aren't.

A friend of mine had this problem. So she told the headteacher that her cousin was a journalist who worked for the local paper. They soon dropped their demands.

It is totally unreasonable and if you don't pay , are school going to start costly court proceedings? I would doubt it very much.

The court proceedings aren't costly, though, they'll just do it in the small claims court.

Years ago I used to do all the debt collection for an independent school & would just fire off a summons at the county court which would inevitably be paid as the parents were in breach of contract.

As someone else said, I'd pitch it to them that if someone else can filll the place from September then they could, out of the goodness of their hearts, let you off, as most newbies will want to start in Sept.

If they can't fill the place, pay up (interesting point, though, as to whether you're contractually liable, or your ex. Who actually signed the contract, and did it say "on behalf of both parents"?