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Primary education

Question - 20 month old daughter not taking place at private school as we are moving out of London - is there anyway we can ask for our deposit back?

29 replies

AlicePalace99 · 31/01/2018 11:15

I've seen some threads on this previously. In terms of our situation then we obtained a place for our daughter last year when she was 6 months. We are now having to move away from the area to be closer to family - which was unforeseen at the time. We've not applied to any other schools in the area and we only ever intended on sending our daughter to this particular school. We paid a £1200 deposit which the school says is non refundable now despite the fact that we have not taken the place (she is 20 months old) and we are giving 20 months notice of not taking the place. Its a well regarded school with a waitlist so I have no doubts it will fill the place.

My question is do we have any leg to stand on asking for the deposit back? I know there is all the "non-refundable" text etc - but the aim of these clauses is to deter gaming of the system - something we aren't doing as we are moving away unexpectedly.. Any thoughts/advice please?

Thanks!

OP posts:

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prh47bridge · 02/02/2018 09:15

As they have identified the reservation fee separately, my view is that they would struggle to defend not refunding the remaining £1,000 if this came to court. If you were cancelling at the last minute it would be a different matter but, with 20 months to go and a waiting list, they will have no trouble filling the place. The cost to them will be minimal. I don't see any way they could justify £1,000.

Like minipie, I suspect that they will refund if you kick up a fuss and make it clear you are prepared to go to court. They don't want the courts to rule this is an unfair contract term. They want to carry on keeping the deposits from those parents who don't put up a fight.

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minipie · 02/02/2018 13:10

Indeed! I kind of wish someone would take it to court though...

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MrsHathaway · 02/02/2018 13:24

Like minipie, I suspect that they will refund if you kick up a fuss and make it clear you are prepared to go to court. They don't want the courts to rule this is an unfair contract term. They want to carry on keeping the deposits from those parents who don't put up a fight.

Agreed. But if you get a solicitor to write the letter it will eat up a good proportion of that £1000. Which is presumably why lots of people don't bother.

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prh47bridge · 02/02/2018 13:54

But if you get a solicitor to write the letter it will eat up a good proportion of that £1000

I wouldn't bother with a solicitor to write the letter. You can write a letter before action yourself. This would be a small claim so you don't need a solicitor to take legal action either. The process is quite straightforward.

Having said that, all this needs is a simple, short letter. It should be possible to find a solicitor who would write it for less than £100.