How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Mackenzie Your Own Question

Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5101
Experience:  Over 10 years experience in general legal matters
32019188
Type Your UK Law Question Here...
Jenny Mackenzie is online now
A new question is answered every 9 seconds

I had accepted the admission offer for Reception for my son

Resolved Question:

I had accepted the admission offer for Reception for my son at a private school which required a term's fee in lieu of notice if withdrew our son after accepting.

A clause stated: Fees are reviewed annually and may increase. If parents receive less than a term's notice of fees increase, they may give the school written notice of withdrawal of the pupil within 21 days and will not be liable to pay fees in lieu of notice.

On 27th July, we received the Autumn Term fees invoice with a 20% fee increase - less than a term's notice. We sent a notice to the school for withdrawing our son under the previous clause.

On 27th Sep, we got this response from the school- Our T&C state quite clearly that fees are reviewed annually. All we are required to do is to inform parents that fees are reviewed and to give them one terms notice to this effect. Therefore we have fulfilled our obligations. You failed to notify 1 term in advance and therefore fees in lieu of notice are required.
Submitted: 11 months ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 11 months ago.

Jenny Mackenzie :

Hello and welcome to Just Answer, my name is XXXXX XXXXX I am happy to assist with your question today.

Jenny Mackenzie :

Had your son actually started the school?

Customer:

No we withdrew him from this school before starting

Jenny Mackenzie :

so in effect you accepted the offer on the basis of a published set of fees and were notified of an increase in fees a few weeks before the start date?

Customer:

Yes, that is correct.

Jenny Mackenzie :

were you told there 'would' be a fee increase at the time you accepted the offer?

Customer:

No, but the clause stated that the fees are reviewed annually

Customer:

But no details or dates of annual fees review were stated

Customer:

One of the clauses in the standard Terms and Conditions stated: Fees are reviewed annually and may increase from time to time. If parents receive less than a term's notice of fees increase, they may give the school written notice of withdrawal of the pupil within 21 days and will not be liable to pay fees in lieu of notice.

Jenny Mackenzie :

Ok I would stick to your guns here and say that you are not contractually liable to pay the fees. You have not been given a clause notice in accordance with the contract and therefore are not (in accordance with the contract) liable to pay the fees in lieu of notice in the event you withdraw your child.

Jenny Mackenzie :

Even if that were not in the contract you have accepted an offer based on the fees that were stated. It is not unreasonable for you to say that your offer was accepted on that basis, not on the basis of a 20% fee increase and are therefore withdrawing your offer.

Jenny Mackenzie :

You can state that the terms notice in those circumstances amounts to a penalty clause and you will defend it vigorously in the event they attempt to pursue the fees.

Jenny Mackenzie :

If you have any further questions please ask. If I have answered your question I wold be grateful if you would take the time to rate my answer. Thank you and all the bes.t

Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5101
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and other UK Law Specialists are ready to help you
Expert:  Jenny Mackenzie replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice