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Online School Debt.

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Bakedalasker
Bakedalasker Posts: 61 Forumite
Second Anniversary 10 Posts
edited 16 November 2021 at 8:44PM in Debt-free wannabe
Hi,

Apologise if this is in the wrong place.

My daughter was in an Online schooling. She was not happy with them so I pulled her out. They wanted me to pay 2 term schooling. That was within the T&C's. 

I offered to pay only one term and sent them a letter with a cheque for that term. In that letter it was written in such a way that if they cheque in my cheque then that would be the case closed. If they were not happy with my offer then they were to send my cheque back to me. They cashed in the cheque and I did not here from them for 3 years.

I have of late received a letter from them demanding the remaining money. After receiving legal advice I was told their actions of cashing in the cheque 3 years ago should be an end to this. I have had at least 4 chase up letters from them even though I told them after the first letter to take me to court. 

For those who are clued up on this my defence will be using the Pinnal case where I intend using the argument "Payment with fresh Consideration". I'm trying to find case history where this argument has been used but I'm struggling to find any.

Can anyone help me out here?

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