School deposits

Flyboy152

goater78 wrote: »

Sorry I'm not going to get into an argument with you about this. I have enough trouble with azari and monglex so I can't be bothered to start an argument with you! I've seen on other threads that you're quite difficult and when I start arguing I don't stop! Needless to say I don't agree with any of your posts

You can refuse to "argue" as much as you like, it doesn't change the fact that the law does not allow schools to impose penalties for withdrawing from a reserve place.

emsywoo123

OP I have not read the arguing on the thread, but just to let you know, DD goes to a private school, and in your circs, I would not have got the deposit back.

Without meaning to sound rude, what did you think the deposit was for? To guarantee a place? Exactly. Now you do not want that place, so they keep it.

Flyboy152

emsywoo123 wrote: »

OP I have not read the arguing on the thread, but just to let you know, DD goes to a private school, and in your circs, I would not have got the deposit back.

Without meaning to sound rude, what did you think the deposit was for? To guarantee a place? Exactly. Now you do not want that place, so they keep it.

And you clearly didn't read the OP either. The terms of the service has changed and is no longer representative of the one being offered nearly three years ago, when the places were reserved. Why should they lose their deposit, because the business they have paid it to is not as good as they were promised?

If you paid a deposit for a new car and when you went to collect it ran like a bag of spanners, would you not want your deposit back?

halibut2209

A thread where I agree with Flyboy. Savour the moment, folks. This may not happen again in our lifetimes.

Hintza

Flyboy152 wrote: »

The terms of the service has changed

How?

Because the headmaster has changed?

bod1467

For a school, knowing that it has a good head with a proven record materially affects people's choices. So yes - the service being procured has changed.

System

bod1467 wrote: »

For a school, knowing that it has a good head with a proven record materially affects people's choices. So yes - the service being procured has changed.

but its not an unreasonable or unexpected change. The chances of all members of staff to still be at a school in 3 years must be very slim. Therefore I believe it is a weak reason to break a contract. Obviously the death would be a bigger reason but without details its impossible to know whether the school was to blame.

JethroUK

bod1467 wrote: »

On what grounds? I can't see how this is any different to any other contract - only provable losses can be retained from a deposit if the consumer breaks the contract, regardless of what the T&Cs say. (As I understand it).

As this was a holding deposit (for a place at the school) then no service has yet been provided, so any losses will be minimal and probably restricted to administration charges. IMO £50 per child is more than enough, so OP should be getting back at least £600 of the deposits.

No sure what you think 'a deposit' is - no such thing s as "a holding deposit (for a place at the school)" - as far a school is concerned "a place at the school" is an agreement to for pay for # months schooling - in which case - not only can the school retain the deposit paid 'so far' - they can sue for the balance of 'the contract' and their totally cast iron evidence of the agreement being the deposit paid

halibut2209

Jethro, I think you need to read up on deposits.

http://www.adviceguide.org.uk/wales/consumer_w/faq_index_consumer_affairs/faq_consumer_affairs_deposit_back_if_cancel_goods_or_services.htm

"You may be able to get your deposit back if it was put down as part-payment. You should remember that the trader is entitled to compensation because you have broken the agreement for goods or carrying out a service so keeping part or all of the deposit might be reasonable if the trader has spent money based on your order."

JethroUK

halibut2209 wrote: »

Jethro, I think you need to read up on deposits.

http://www.adviceguide.org.uk/wales/consumer_w/faq_index_consumer_affairs/faq_consumer_affairs_deposit_back_if_cancel_goods_or_services.htm

"You may be able to get your deposit back if it was put down as part-payment. You should remember that the trader is entitled to compensation because you have broken the agreement for goods or carrying out a service so keeping part or all of the deposit might be reasonable if the trader has spent money based on your order."

Dont need to - common sense dictates that a deposit allllllllllways forms part of 'an agreement' to buy (otherwise there is no reason for money to change hands at all) - lot of consumers dont get it - but all traders do - if you decide not to buy - you are not entitled to your deposit back and can be sued for the balance of 'the agreement'

if it goes to court a judge will assess 'the damage' resulting from "breech of contract" - which might not amount to much (and that's what is indicated in your quote) - but that doesn't mean there has not been a breech of an agreement and iron clad case