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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22386
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Signed a contract with a private school that states a terms

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Signed a contract with a private school that states a terms notice is required to end the contract otherwise full fees will be applicable. Due to marriage breakdown, child has had to moved from private school for financial reasons. Provisional notice given to school as per their t & c's whilst waiting for a place at alternative school. Notice subsequently given but outside of the "terms notice" requirement. The school have not suffered any financial loss due to our departure. They have filled the place and have a waiting list of 7 for the class in question. Are we still required to pay the fees due?
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How far outside the notice period were you?
Customer: replied 3 years ago.

Hi - For our child to not return in Sept we should have given notice at Easter but due we couldn't do that until we had secured a place at an alternative school. Also during this time we were still not sure if we would continue with the private school as we were trying to negotiate the financial terms of our separation. Provisional notice was given and accepted by the school on the 28th June and final notice was given and accepted on the 10th July.


The amount due is £2,561.


Many thanks


You are in breach of contract because you have failed to give the required notice . The school is entitled to compensation in respect of your breach of contract which can be up to the amount of money required in respect of the notice period.
However in order to be able to claim compensation, they have to suffer loss. If they have a waiting list for this class they obviously will not suffer loss provided a pupil is able to take up the place in September. Please note that there are entitled to fill all the other places first before filling your child’s place.
If they are chasing you for the money, I would write back to them and tell them just what I have told you and tell them that as there is a waiting list for this class, they have not suffered any loss and if they are minded to take the matter to court, you will defend their claim on that basis.
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