Independent school

[atatat]

We moved house to a different town. Due to uncertainities about the time of moving we informed the school couple of weeks late. As per the contract we need to give a term notice but we gave notice couple of weeks after the term started informing the school that our kid will not joining them for next academic year.
Because we gave couple of weeks late notice they want us to pay the full trms fee (£3800.00) which my son is not attending. We contacted the head teacher and he is not offering any mutually agreable financial settlement. We explained the reason for delay in informing and informed him that we are willing to pay part of of it as a penalty for late notice.
Please help me how should I proceed.

[Lonecatwithkitten]

This comes up regularly the contract states a full terms notice you gave not given this. So you are bound by the contract to pay and schools will pursue through the courts for fees.

[Clobbered]

Suck it up and pay.

[lunar1]

It's in the contract, you have to pay it.

[Kampeki]

The fact that you are willing to pay a part of it is irrelevant, because you have entered into a contract that requires you to pay all of it.

It's unfortunate, under the circumstances, and I sympathise. However, I'm assuming that nobody forced you to enter into a contract with the school in the first place. They are within their rights to enforce that contract.

[Myrtille]

Previously I would have agreed with the above messages. However I have recently read of someone who was successful in arguing that the because the school had a waiting list (and easy filled the place) and did not suffer a loss due to the late notice, then it was not entitled to claim the penalty.

This was not tested in the courts and I think the bursar may have just backed down in the face of this guy who came over as a major PITA.

I wouldn't think it is worth getting any legal advice for that amount of money but if you know the place was filled, it may be worth a fight or an offer depending on your attitude.

[meditrina]

You will be required to pay.

It is a clear contract, with a standard clause that has been held by courts to be fair, and you need to abide by it.

Your choice now is whether to pay and get it over with, or go to the expense and hassle of going to court where you will lose.

[LIZS]

Agree you either pay up now or you wait for them to sue you for it. By summer term most other children would have committed elsewhere for September, or face paying twice for autumn term if the other school is also independent. So the place may not have been filled immediately. It is something you gave to consider when signing the contract and paying a deposit.

[RainbowInACloud]

We gave our notice in April- the week we came back after Easter. However because we missed the pre- Easter deadline we have to pay for a complete term i.e. until christmas even though we moved out of the area months ago.
I was as pissed off as you at first but I accept it now.

[LisbethSalandersLaptop]

you signed a contract and should have read the small print.

[LibrariesGaveUsP0wer]

You signed a contract with a notice period.

Now you're pissed off that they are making you abide by that notice period.

What on earth did you expect?