King's Interhigh/ACT letter of claim now claimform - online schooling fees

[BankFodder]

What is the value of the outstanding sum?

 

What evidence do you have of the poor teaching? Do you know any other parents or students who have been affected

[BankFodder]

First of all I would try gathering evidence of the whole provision of the education. You will need to start contacting other parents and suggest them that they may be protected from having to pay any further money and possibly might be entitled to recover money that they have paid but of course it would depend on them joining forces with you and providing you with the evidence.

If they are claiming the full amount even in respect of time which during which she was not allowed to access the online account and they are effectively trying to levy an unfair and extortionate penalty.

Does this take into account money which was apparently owed in respect of classes which she did access and yet you didn't pay for? Or do I understand that the money was due to be paid upfront and wasn't paid therefore they block the account and are now proposing to pursue you for the upfront money which was never paid?

[BankFodder]

The partner is irrelevant and it only demonstrates a weakness and even almost a passive acceptance on your part.

 

Your position is twofold.

Firstly the quality of the educational provision was below the standard that you could reasonably have expected -it was not the standard which was promised in the contract.
Secondly, if they had an issue with you failing to pay the sums which they considered were due and it was for them to take action to recover the money but in fact they have resorted to a punitive measure of depriving you entirely of the service and yet attempting to charge for the provision of the entire service.
This amounts to an unenforceable penalty because it does not reflect their administrative expenses.

If it transpires they are entitled to recover a certain amount then that amount would have to reflect any administrative costs incurred as a result of your alleged breach of contract.
Without any admission, you invite them to supply you with a detailed breakdown of their administrative costs so that at least the situation can be clarified and the amount of any debt which might be due to them can be refined.

As I have already said, start gathering some evidence also draft a letter broadly speaking reflecting the points I have set out above

 

[BankFodder]

You seem to be overlooking the very strong advice that you should start gathering evidence.

 

In the event that they do make a claim against you then you can be certain that you will need the evidence. Whatever happens you should start gathering evidence of their inadequate performance straight away.

This should be your main priority

 

 

 

[BankFodder]

Yes, you can certainly do that.

If they refuse to respond or if they failed to respond after about 10 days then send them an SAR. The moment make it simply an ordinary polite request

[BankFodder]

I don't think you should feel grateful at all. You shouldn't put yourself in the position of a supplicant

[BankFodder]

With reference to the fact that they blocked the account and yet still are attempting to charge you for the lessons which your daughter could not attend, you should emphasise that this amounts to an uninforcable disproportionate penalty and that you put them to proof that they suffered administrative losses which are mounted to the 500 pounds.

Say that to date they have provided no written invoice for the 500 pounds which they allowed to owe and which you deny

[BankFodder]

On your point about having a lot going on in your life, we try to sympathise with you on this kind of thing but you should understand also that we are volunteers, we don't get paid, we have a great deal going on in our lives as well and it is we who are trying to help you.

Buy handling it in the way that you have, you have caused extra stress and risk for yourself but also you have caused extra problems and a greater workload for us.

Please bear this in mind

[BankFodder]

Even if you have difficulty sending it directly to the court, send a copy directly to the claimant.

Of course you must send a copy to the court but at least you will be able to tell the court that they knew that you were defending and that they had a copy of your defence