Losing Sept School Deposit Rant Post Reply

[Bubs]

I think the previous poster was referring to the main thread, as opposed to my brief tangent from it (sorry!)

[rugby]

Thanks Bubs in that case I may be sorry

Actually most people agree that retaining deposits, other than in cases of extremely bad behaviour, is only reasonable when the vacated place is not filled.

Frankly other than last week or two, unfilled places in Wandsworth schools are pure carelessness!

[Scottov]

Yes nanny, what you're missing is the law on penalties and the unfair terms in consumer contracts regulations.

If only the lawyers who drafted the contract knew about these regulations...

The terms are very clear, and whats unfair is expecting only one party to hold up their end of a legally enforceable contract.

If the school wanted to refund the deposit and not hold the place because it suited then to do so, what would the response be?

This is a normal commercial contract and telling someone they don't have to abid by it is not helpful

[nuttymummy]

T&Cs, whatever company/school they are from, have to comply with the law. The hassle is that someone (ideally commercial/contracts lawyer who will be able to DIY it to 'test the case'!) will have to be the first. Just because the document states something or other it doesn't mean it's contractually binding if it can be demonstrated to be unfair. In simple terms what is being said here is that IF the place can be filled by another candidate there is no material loss to the institution and therefore no more than an administrative penalty should be charged. The attached article gives an extreme example but does explain why the relevant laws exist....
http://www.washingtonpost.com/news/spea ... s-anymore/

[Scottov]

The fact that you quote a US news source in a rant about UK law is concerning.

But the simple fact is that these clauses are legal, are road tested, and tend to be industry standard documentation prepared by top flight lawyers- not random things knocked up over coffee.

Challenge it all you want. It's your money

[nuttymummy]

Hmmm, haven't noticed anyone ranting & personally certainly not at UK law, that is what's protecting Joe Public here...
Only point being made is that this is an area covered by UK law in aforementioned posts.
Feel free to check out The Guardian and other UK press coverage of the experiment previously mentioned!
Happy Evening!

[nuttymummy]

'Local' press coverage of Ts&Cs experiment....

http://www.theguardian.com/technology/2 ... rod-clause

http://www.independent.co.uk/life-style ... 64291.html

http://www.dailymail.co.uk/sciencetech/ ... -T-Cs.html

http://www.mirror.co.uk/news/technology ... rn-4346321

[Scottov]

Hmmm, haven't noticed anyone ranting & personally certainly not at UK law, that is what's protecting Joe Public here...
Only point being made is that this is an area covered by UK law in aforementioned posts.
Feel free to check out The Guardian and other UK press coverage of the experiment previously mentioned!
Happy Evening!

Look this is pretty simple. These contracts are drafted by UK lawyers for use in UK schools across the country, and they are legal. quoting the Washington post is missing the point.

Nothing is going to change this, they have been enforced in court successfully over many years.

Let me give you the names of some leading education sector lawyers and if you want to challenge them and say that these contracts are not legal because of some blog of whatever frivolity you read in thr guardian go ahead:
Veale wasborough vizards
Farrers
Stone king

Between them they represent the majority of independent schools and nurseries in this country. they also draft these contracts, and litigate their enforcement.