trapped....please suggest some solution

[miran]

rs2000 - if EDB sees your point you probably have a fighting case. whether you win or not no one can say for sure.

 

[rs2000]

Hi All,

Thanks for all your inputs. As Gracey mentioned above, there is a lot going on around here and It is sometime making me very very frustrated. I have been talking to them, emailing them and have been seeing them bahving like a**holes and coming up with new excuses everyday.

first of all, the above listed facts are all true, except that they did not even mail me to tell that they have given the vacant seat to someone else.

I was in the bank and about to transfer money on 20th June, I called them to tell that we have accepted the offer and wil pay the deposit shortly. I heard a innocent voice telling me that sorry we are full. I explained the whole story again and obviously was VERY upset. In order to refute the claim that I have not paid within time, I went ahead and paid. I later mailed and called them the same day and argued several times that they cant just take the offer back.
(i know the above behavior might not be the best course of action but if you imagine yourself standing in the queue of the cashier and suddenly being told that you dont have ANY option for the school year starting in 2 months....)

Nobody clarified to me that day that I will be paying for being put on the waiting list and my idea was to just make them realize there blunder and get a confirmed seat for my kid.

In the end , they did not agree and I just went ahead and pursued other options and schools (you can again imagine the frustration I have been through in the past 2.5 weeks)
I have asked around but I havent been able to find a person who is a legal expert or is experienced enough to help me put up my case. Please if someone here can help me, it would be great. I would be greatful if you could read up my leter and application for the small claims, education department and also to the school. I will be really greatful if someone can just proof read my letter and give his/her valuable suggestions.

Thanks again for the support.................

 

[rs2000]

I have drafted a letter that I plan to send to the school tomorrow.
if anyone can pls kindly proofread it, i will be very thankful.
as a token of appreciation, I would offer some percentage of the refund when it happens too (this offcourse in no way justifies the help but its just to express my thanks)
pls if you have a few mins, pm me your contant or message me here

 

[ssheng]

Going back to the legal diagram of offer and acceptance, I think unless there are more facts missing, you have a case. When you gave them the deposit, it was in response to their rescinded offer (and you can argue whether or not it was properly rescinded considering you were the one who called them and not the other way around when they told you the class was full), and unless they specifically told you paying the deposit would be considered paying a deposit to be held on the waitlist, they did not make you a new offer. It does not sound like they told you this. Therefore, you made them an offer:

Offer: You pay the deposit, in exchange for an immediate acceptance. (important that it's contingent on immediate, because it sounds like they later tried to offer you a spot)
Acceptance: None.

They didn't accept your offer, so there was no contract and they should return the deposit. Again, an oversimplification, but I think this is a fair argument on your side.

I sympathize with you and why you paid, because I have also dealt with paperwork errors in my daughter's school, including them thinking an application I submitted for my child was for an entire year earlier than it was supposed to be (hence them sending me a letter right after I applied saying the class was full and I was on the waitlist). Since you had both a confirmation letter and confirmation email, I might have assumed, as you did, that the person on the phone was just a confused receptionist and decided to go with the official paperwork/email.

 

[rs2000]

thanks ssheng and eveyone

i have a letter draft . please can someone spend a few minutes to proof read this?

Many Thanks!

 

[rs2000]

Hi all,

If you think i am asking for a bit too much, may be I shall go ahead and send them the letter
i think it would be very nice to have some read my letter from a legal point of view in order to check if it mentions the facts in the most clear, concise and strong way.............

Thanks!

 

[miran]

Hi rs2000,

Sorry, cant help there as I dont have freinds who are lawyers. Were you able to send the letter accross ? And did you hear back from the school ?

All the best

 

[rs2000]

Hi miran

i have sent a letter to the school on friday and I have not heard anything back yet. I also asked education bureau officer . he said he emailed the school and the school said they are "discussing" and will get back to him.
but seems he will take the "school decision" as final and will let me know. seems he is not going to push them or anything.

and the school always say they are "discussing" and then later refuse to refund when I check again. this has been going on for past 2 weeks now.

my last resort is small claims tribunal and i will file my case there next week if I dont hear anything by friday.
the thing is that school principal and senior staff is on holiday (i can imagine them going back home , now that the school is closed for summers), i think may be its those stupid ladies in the staff are thinking about all those idiotic, frustrating and ever-changing arguments everytime and then refusing since they dont want to accept the "blunder".
i get annoyed when they say "well admission is first-come-first-serve"...meaning, you get acceptance letter and then whoever pays first gets it.....
anyways, i am waiting to see what they say.....i am 99% sure they will give the same excuse to the education bureau officer..so i am mentally preparing myself to file my case next week into small claims tribunal

 

[miran]

Not having principal or senior staff around is not an excuse. If the school were transparent they would have just said - "the decision makers are not in town and that they would revert on your case in X weeks time". Instead they have told you upfront that they would not be returning the deposit.

All the best for your filing.

 

[rs2000]

Hi All!

News news news!

I got an email from the school and they attached the deposit slip. They quietly gave my money back
I am sooo happy and relieved

i think the email from education bureau office did the trick. this is the same lasy who kept repeating the same stuff for 1 hour last week and was acting as if I am nuts to have asked for a refund
anyways...i am glad it all ended well. very happy

Thanks for all your support !!!!!