Private school deposit - can I get it back if I didn't sign the T&Cs?

[Confused687]

Hello,

I recently paid a deposit to secure a senior school place for my DD. It was all very last minute and I hadn't been given the paperwork but had been told there was a deadline - the same day as the offer was made.

I paid it but upon receiving the T&Cs and reading them I realised we couldn't go ahead. I have contacted the school and asked for a refund but they say it's non refundable. I do understand that now but didn't at the time of paying nor was it made clear to me and I didn't sign the T&Cs.

Where do I stand legally? Any idea if I am entitled to receive it back?

Thanks so much. It was a big deposit and it was for financial reasons that we turned the place down.

Not a legal person but I think there may still be a verbal contract even though you haven't actually signed anything. Fingers crossed you can get it back though.

Thanks Marmite, I hope so too.

I hadn't even been told verbally that it was non refundable...

Isn't paying a deposit acknowledgement of a contract and as good as signing? The school won't concede unless they have to. Good luck.

Does it say anywhere else e.g in the general information, offer letter, website that the deposit is non refundable. As most schools have an explanation of the admissions process on their website. You normally get the deposit back when you finish at the school. It's not normally refundable if you change your mind about the place. It would be normal to thoroughly check all that before paying it.

Don't know where you stand legally but the deposit will be generally non-refundable if you change your mind. I would say your best bet is to be really nice and come up with a sob story and hope they agree out of goodwill

Presumably you submitted a registration form. You may well find that on that you agreed to the terms and conditions if you subsequently accept or withdraw.

I think the payment of the deposit seals the legal contract as it's "consideration" changing hands.

The payment of the deposit is deemed acceptance of all the conditions that go with that contract - whether or not you signed.

It could be worse - they could be holding you to the first term's fees?