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Dispute over contract with private Nursery

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  • Dispute over contract with private Nursery

    *think this is the right forum?*

    Hello everyone. Thanks in advance for all thoughts. I'm going to try and give as much info as I can without being biased!

    My child used to attend a private preschool - we have moved him to another one. As part of the signed T&Cs we had to hand in our notice before the first day of the school term.

    The school term is defined in the t&cs as 'means the period between and including the first days of the relevant Nursery Term'

    The term dates sheet, issued once a year (28th March 2019 for the term in dispute) and are not included as part of the contract, where as other appendix are such as the fees sheet.

    As we are in the middle of a pandemic, this year has changed somewhat for all of us.

    The term dates meant that the Summer term was meant to start on April 21st. The Prinicipal wrote a letter on April 20th saying that the schools wouldn't be reopening on the 21st, though they were going to provide a virtual learning platform (in reality was a online lesson plans). It was agreed verbally with the head of the nursery that this was not appropriate for our son as he has additional needs.

    May 14th - still no confirmations of when the nursery would reopen or replies to any of our emails to the principal, so we handing in our withdrawal notice, citing that we were in accordance to our contract giving notice before the Summer term started. The Summer term was subsequently announced and did start on June 1st and was extended by a week, plus a 25% discount was given as it ran for 7 of the planned 10 week term - which doesn't factor in this virtual learning.


    Though accepted verbally by the admissions head and the accountant, the principal is saying that the term is defined as the term dates, and that the 'virtual learning platform' given since April 21st (term dates) constitutes the term starting. They are holding out £1000 deposit and say we owe a further £1300, which is now accruing late payment fees at 1.5%

    We disagree and are keen for a judge in the SCC to decide. Would love to know what the legal beagles think?

    Thanks.
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