trapped....please suggest some solution

rs2000

Registered User
Hi All,

I feel very very frustrated and upset right now. I feel I have been robbed off my money.

We applied to a school in Kowloong Tong and were intereviewed and given the confirmation letter on 13th June. The letter said that we have to pay the deposit within a week. We also got an email from the school saying the same and that we need to pay on or before 20th June.

The school does not have a bus to where we live and hence I took some time to find about the bus. Anyways, I paid on 20th June around 11 am and called the school to confirm. and also emailed them.

Well, they told me "sorry, you are on waiting list as some other parents paid before you". I was shocked and disgusted. i called them 15 times that day and tried to explain that how can our seat be given to someone else when the email said 20th June. well i was given different explanations and sometimes they just said "sorry you are on waiting list"

I was very worried as we did not have anyother option...so we interviewed in another school and got the admission. I chose that school and paid the deposit there.
I mailed the 1st school to check the admission status and there was no answer for a few days.
Now the problem starts...i called the 1st school and said that since I am on waiting list and was not given the seat when I paid. I want to withdraw and get my deposit back
they very innocently said "well the deposit is non-refundible" i was quite shocked again. i explained how they never gave me the seat and I was on waiting list , how can they take my deposit.
now I have been calling them several times for the past 8 days and I am always given some reasoning or otherwise asked to wait (so that they can get back later).
when I ask that can I meet the prinicpal or someone senior, they say that most of them are on vacation

its 9,000 hk$ and its not a small amount for me. I have to pay the fees at the other school. its so frustrating at the way they are behaving. i am just amazed at how can a school do something like this.

Please suggest me what shall I do. what are my options. I will go and speak to them tomorrow but they always make me speak to these girls in admission office who just laugh and say sorry after hearing my story.

can I complain in education department or police (as a last resort). i am very very very upset :(
 
Yes. You can lodge a complaint to the EDB.
Find a statement in their paperwork to you asking for the non-refundable deposit.
If it is clearly stated, you have no choice but to forgo the deposit.
But since you are on a waitlist, there should not have been a request for the deposit and you should have rightfully received a refund. Print a dated page of their website too regarding enrolment procedure re:deposit.

Is it an international school? If so, yes, possible, everyone is on holidays. If it's a DSS or local school, the Principal is there, just not wanting to deal with the situation.
 
No school has the legal right to keep your deposit and put you on a waitlist! Can I just ask which school this is? EDB should be informed of their dodgy practice. They could lose their license!
 
the paper says " the deposit is non-refundible"
But its for securing the seat and which I was never given! i was soo worried and was ran around and found a better school and paid there
how can they do something like that to me? it just makes me feel sick

when i asked for the refund, they say that now they have a seat...i told them i have already withdrawn and dont need the seat. now today the ?@#$@$ lady their said that "the deposit was for waiting list also...and we nromally return it after a year, if a seat does not become available in that year".....
now can someone on earth tell me how can they say something like this?? she just laughs on phone when i argue and it makes my blood boil......

firstly they did not give me the seat...like a effing cheap restaurant..they gave confirmations to other parents who paid first and put me on waiting list before the last day...........i am disgusted.........

i dont want to name the school here but if this does not get resolved..i will def. do it.

where in education dept. can i complain? do u think i shall try calling police too

here is what I have..

1. letter from school. admission done and deposit to me given within a week. date: 13th June 2011. (depsoit non-refundible, BUT effing should'nt it be a confirmed seat!!!!)
2. an email from them saying deposit to be paid on or before 20th June
3. their email saying I am on waiting list
4. my email last week , me asking them to withdraw me from wait list and give me deposit back since i did get any seat.

this thing is getting on my nerves now! i feel robbed and cheated ...twice
 
the paper says " the deposit is non-refundible"
But its for securing the seat and which I was never given! i was soo worried and was ran around and found a better school and paid there
how can they do something like that to me? it just makes me feel sick

when i asked for the refund, they say that now they have a seat...i told them i have already withdrawn and dont need the seat. now today the ?@#$@$ lady their said that "the deposit was for waiting list also...and we nromally return it after a year, if a seat does not become available in that year".....
now can someone on earth tell me how can they say something like this?? she just laughs on phone when i argue and it makes my blood boil......

firstly they did not give me the seat...like a effing cheap restaurant..they gave confirmations to other parents who paid first and put me on waiting list before the last day...........i am disgusted.........

i dont want to name the school here but if this does not get resolved..i will def. do it.

where in education dept. can i complain? do u think i shall try calling police too

here is what I have..

1. letter from school. admission done and deposit to me given within a week. date: 13th June 2011. (depsoit non-refundible, BUT effing should'nt it be a confirmed seat!!!!)
2. an email from them saying deposit to be paid on or before 20th June
3. their email saying I am on waiting list
4. my email last week , me asking them to withdraw me from wait list and give me deposit back since i did get any seat.

this thing is getting on my nerves now! i feel robbed and cheated ...twice

their website does not have anything about the deposit! and i fear they will print another paper and write whatever they can sayign its a school policy!
:-(
 
I really don't know where you need to go. But this school is clearly a rogue school which has misled you.
I would take the letter to the school and ask (demand) for a place or the deposit back. Can you stop the cheque?
 
i already paid on 20th June and cant stop it
the problem is that i have paid in another school (which i think is better too) and now i dont want to be on the waiting list or get their seat.
They now say that they can offer a seat to me (25 days after paying the money and after I told them I need a refund). they had put me on waiting list before that....well i dont need the seat. the deposit was for instance seat confirmation..not waiting list...

which @##@@#$ing school in world would ask to pay 9k hk$ to be put on the wating list (now sometime they say it was for waiting list).........
:-(
 
After lodging complaint with EDB, you can also go to small tribunal. Please find details here:

http://www.judiciary.gov.hk/en/crt_services/pphlt/html/sc.htm

There is not much cumbersome paperwork here and you wouldnt need a lawyer. I know people who have filed with small tribunal - most cases get settled out of court. This would also impress upon the school how serious you are about getting your money back.

Prima-facei they should refund the deposi because you are on waitlist. If you had got a seat and cancelled the non-refind clause would apply.

All the best.
 
when i asked for the refund, they say that now they have a seat...i told them i have already withdrawn and dont need the seat. now today the ?@#$@$ lady their said that "the deposit was for waiting list also...and we nromally return it after a year, if a seat does not become available in that year".....
now can someone on earth tell me how can they say something like this?? she just laughs on phone when i argue and it makes my blood boil......

firstly they did not give me the seat...like a effing cheap restaurant..they gave confirmations to other parents who paid first and put me on waiting list before the last day...........i am disgusted.........

i dont want to name the school here but if this does not get resolved..i will def. do it.

where in education dept. can i complain? do u think i shall try calling police too

here is what I have..

1. letter from school. admission done and deposit to me given within a week. date: 13th June 2011. (depsoit non-refundible, BUT effing should'nt it be a confirmed seat!!!!)
2. an email from them saying deposit to be paid on or before 20th June
3. their email saying I am on waiting list
4. my email last week , me asking them to withdraw me from wait list and give me deposit back since i did get any seat.

this thing is getting on my nerves now! i feel robbed and cheated ...twice

You did receive an email stating that you are on a waitlist and yet, they made you pay a deposit although they offered you a place (at the beginning) and you emailed last week to say you wanted the deposit? They would be obliged to return the deposit (especially if there is nothing written to state that you had a seat until the phonecall!)

I would file at the Small Claims Tribunal just to inconvenience them. They probably would return to deposit to avoid going to court.
 
ok thanks all...

I would do that....i am thinking that going to small claims etc...would'nt it make it an ego-issue?
they can always come up with things written on a paper with theur official logo and saying deposit even for waiting list is non-refundable. etc etc
although it sucks!
imagine how can I school just give a seat to someone else who would pay before you.....they interviewed and gave confirmations which were more than the number of seats...then they allocated seats to whoever paid first and put me on waiting list
i am going to go their and talk to them...will warn about EDB and also education board complaint.....
 
I agree with Quasimother. If the school management had any brains at all, they will be intimidated by your going to the Small Claims Tribunal and the EDB. They'd probably rather settle with you (for them HK 9,000 is small) than risk having to pay a lawyer or get tangled with the government.

It's shameful the way schools treat parents in HK. And I can't believe one of the staff laughed at you on the phone.
 
Did you write an official letter to the school principal? Anything official looking like that might help your case.
 
Why don't you name and shame? Or contact the media. It's outrageous how they treated you! I think the problem all arises from the lack of enough school places in HK. There have been articles in the paper on that recently.
 
thanks all.

to imagine the horror i have been through, i emailed the principal of elementary section on 20th june when all this fiasco started.
they did not connect me to the principal saying that she is busy etc. after a few emails, she got back and said " i am responsible for the learning and educational outcomes and not so much involved in the "fiscal management""
i was so frustrated, i called her and finally was able to speak.
she was kind of indifferent saying that this is admission office job and said that she referred my case to cheif business officer
after that day, i did not call them. i email them begining of june and there was no reply...then i got into this other school, paid my deposit. i then asked this 1st school to refund. i always thought they would be ashamed and would do the least by returning my deposit!!
well the girl simply said, "sorry sir...the deposit is non-refundable" and then we started the same argument on how and why they put me on waiting list...i was getting mad and she was cool and calm. laughed at few times..and said "sorry" a few times........
i am going to their office today and hope it gets settled soon...as it has been proving quite bad for my sleep lately
thanks for your support...i will update all of you today
 
I'm with Gracey.
If you have a friend who is a lawyer, get them to write a letter on your behalf for a claim and state that you will go to the small claims tribunal if they do not. I have had a friend write such a note for me once (not in HK but in Sg) over a rogue landlord. And the matter was settled very quickly.

It is not at all petty to go to the small claims tribunal. For me, it's about what they can and cannot do. I think this is their usual practice. You're probably NOT the first person to be given the run around about the money. They seem to know what they are doing.

Good Luck! I hope you get it back.
 
Agree with others... 50 rounds to their office are not going to help as much as just filing with small tribunal OR an official letter worded by a lawyer.
 
I dont have a lawyer friend

i just called them and the same lady said they are not going to give it back......
i am so stressed.... its just making my blood pressure increase now........
she said the senior people in school are on vacation.....
what do I do now? please suggest of a lawyer who can help me
Many Thanks!
 
Which school is this?

I would try reporting this to the police. If they say it is a civil matter, then as already mentioned the Small Claims Tribunal is meant to be a cheap, easy and effective way to settle these sort of claims.

I would also start documenting your calls and interactions with the school on a piece of paper.
 
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