should we plead or get solicitors involved

[splodgygirl]

Hello

Would really appreciate any advice. DD is due to start primary school this September. She'd had no offers from the 8 (!) schools we'd registered her for ..until March of this year when one school (our least favourite and furthest away - a 15 mins car drive - from where we live) offered her a place. We duly paid a deposit - about a third of the term's fees. Just last week, we got a call through from our most favoured school (a few minutes walk away and mixed which suits us better as we also have a DS) offering us a place. We got really excited and called the first school to explain that we'd like to pass on the place and explained in good faith why. We also understood that we'd lose the original deposit. However, today they've called us to say that they expect the full first term's fees to be paid as outlined in the t's and c's that we signed.

Both DH and I feel completely devastated and don't know what to do. I feel we've given enough notice, it's still only early June and I am sure they would be able to fill the place - it simply feels like the school knows it can make money out of us because the contract was in place. I also understand that legals need to be in place if parents pull out at the last minute - after all the school is ultimately a business.

We can't afford to pay both sets of fees and now risk losing the school place we really want for DD.

I suppose I'm asking if anyone has experienced this and what might be the best approach for dealing with this - going in and asking for understanding or getting 'legal' (even though we probably would lose if it went to court - would it even go to court? - as we signed the damn contract

a bit and stressed

Not meaning to sound unsympathetic, but if it's in their terms and conditions, then it's not as if they were hiding it from you is it?

I am sure this happens to them quite often.

It does sound unreasonable though - fair enough to charge a non-refundable deposit but a terms fees as well seems unreasonable (though perhaps understandable if they often lose pupils to other schools at the last minute.)

Can you post exactly what the t&c say?

Personally I would go ahead with your preferred school and perhaps wait to see if the first school do actually chase you for the extra money. I definitely don't think you should go ahead with the original school as you will feel angry with them for forcing you to stay and will never be happy with it. If you can't pay both sets if fees are you sure you can afford private in the long term?

How exactly will they get the extra money out of you? By suing you? How much would that cost them? If you think about it and do the sums, then you may find that it would not be worth their while. If it does add up this way, then I'd confirm in writing that you don't want the original place, take the preferred place and don't panic when they pay a solicitor £50 to write a threatening letter to you.

Something similar happened to us and we got sued. Out of £3,250 for a terms fees we paid them just over £2k to settle. No solicitors involved they just went straight to the small claims court.

It is likely that the school will pursue you for the outstanding fees. It's not unreasonable - They will probably not fill the place for September for the very reason you have discovered yourself - most people will have comitted to a school now and will incur a penalty if they don't take up the place. All hiring staff etc is done now, for September - schools have to know how many children they'll have quite a while in advance.

I would write a really grovelly letter to the Bursar and see if they will change their minds, but I doubt it. In the current climate schools simply cannot waive money owed to them, or get a reputation for being prepared to do so.

If you prefer the other school you are just going to have to suck it up and pay ... you signed a contract.

Maybe ask if you can pay in installments?

I guess if you didn't have another offer and the school you now want to decline turned around and said they had found another child who they thought would be a better fit for their school, so unfortunately they were withdrawing the offer (in good faith), you would be pretty hacked off and would be very quick to say "but we signed a contract".

Contracts are there to protect BOTH parties. I'm guessing you are not under 18, and you didn't sign the contract under duress. You would hold the contract to be legally binding if it suited you. I am not unsympathetic to your situation, but the law provides for responsibilities as well as rights.

As others have said if you don't pay they'll pursue you in small claims court. Try and reach compromise with them, eg pay less or in installments. Its only 2/3 of a terms fees, not much when you think about the total cost of privately educating both your DC.

Its very normal with private schools to have to give full terms notice, I knew when I took DD out of her private nursery I had to tell them before Easter or I'd be liable for the fees for the term starting in September.