nursery charging one month's fee even though i won't be sending him?

[kedy]

Hi I am new to the whole nursery scene...i had signed a contract last month for my little one. i had to pay deposit (£250) and registration fee (£50) to secure a place. but then my circumstances changed and I won't be sending him anymore to that nursery. i'd verbally informed one of the people in the nursery on the phone. now they are asking one month's fee (>£1000) for failing to notify them one month in advance...i thought that's what a deposit was for? do you think this is normal? need some advice :(

[ChessieFL]

Check your contract - it should say in there if they require a month's notice.

[AnchorDownDeepBreath]

What does your contract say?

[SellFridges]

I think you were probably contractually obliged to give notice in accordance with the terms you signed up to. Sounds like you didn't do that.

[Smartiepants79]

It depends, what does the contract say?
If the contract States that you must give (and pay for) 1 months notice the that's what will happen.
You signed it.
What was the deposit for? Presumably that will come back to you or be taken out of the months fees?

[Loraline]

The nursery DS goes to has that in terms and conditions. I signed him up months in advance but there was a date after which I was liable for fees. It's probably all in the contract.

[kedy]

it does say: "...Nursery requires a FULL months notice in writing to amend sessions. " would this definitely mean they would take the deposit + one month's fee?

[kedy]

I feel a bit cheated, as I told them on the phone, they said ok, and now they are saying I didn't notify them in writing...foolish me...

[GreenSand]

You'll get the deposit back.
Any way you only need to pay 3 weeks (or less) of the months fees? When was he due to start? If, say 15 Nov, and you gave notice on the first, you'd only need to pay 15 Nov to 1 Dec? Maybe, but depends on the exact wording.

[Floggingmolly]

You may be new to the "nursery scene", but it's a contract like any other and you appear to have failed to read the small print. You are absolutely liable, I'm afraid.

[GreenSand]

Ah, its the writing bit that's an issue?
Can you write, saying "as confirmed on the phone on X date, my child won't be able to use his place at Y nursery"

[Duckdeamon]

Check what the contract you signed says. Does it explicity say thay you are liable for a month's fees unless you give a full month's notice in writing? Or is this just implied?

[kedy]

GreenSand, that's a good idea, i will try to write this on an email to them and also try and argue on the amount.
Duckdeamon - the exact wording is "Nursery requires a FULL months notice in writing to amend sessions." so i am not sure what this covers in legal terms.
thank you everyone - will keep this thread updated...

[kedy]

Floggingmolly: just a note regarding contracts - surely the point of a deposit is to reserve a place at the nursery and compensate the nursery for not offering it to another family. If i took up the place, then it would be deducted from the payment, if not, it compensated them for their potential loss in not being able to fill the place instantly. given that i paid reg fee + deposit, i don't understand why am i also liable to a month's fee for a service i didn't use as my son didn't set foot there...

[HarveySchlumpfenburger]

I think it means you are liable in legal terms. Amending will probably cover changing days, times, start dates and cancelling.

If you are lucky they may be generous and let you off some of it, but if it's written like that then the nursery haven't really done much wrong. It was your responsibility to have read the contract properly.

[TheWildRumpyPumpus]

The deposit is to stop you putting your child's name down for multiple settings and only deciding at the last minute (say a month before) which one you will be using, or if you will use a nanny/CM for example.

Our deposit was held by the nursery all the way through and used for the last month payment DC attended.

[Duckdeamon]

That contract seema insufficiently clear and explicit to me, if that was everything it said and nothing else was said in writing about being liable for fees if less than a month's notice in writing was given. It doesn't seem watertight IMO (am not a lawyer!)

Might be worth refusing to pay in the first instance and seeking legal advice if you have access to this under your insurance or through work, or any legal friends! Or post in legal?

[insancerre]

I'm a nursery manager and we have this in our terms and conditions but we wouldn't chase for fees in these circumstances. We would write it off, so its worth writing to them saying you won't be paying any more fees.

[merrymouse]

You will get the deposit back or it will be set against the one month's notice - otherwise it wasn't a deposit, it was something else.

[meditrina]

I think a lot will depend on whether the nursery is part of a chain (much more likely to take you to court) or an independent.

Have you actually given notice in writing now? Because that is what starts their clock ticking (IYSWIM). So you'll need to pay the amount owed during that month (which may be less than the full monthly rate, if he was due to attend only part of it) minus the deposit.

[happystory]

I'm sorry but I think you will have to pay. You don't specify if it is a chain or not and that doesn't really matter contractually but you did sign it and those are the conditions. Maybe when you rang they should have specified you followed it up in writing. But they could have turned away another child as they were holding a place for yours, and now they are out of pocket.

[kedy]

Hi everyone, so the nursery has agreed to my notice on the phone, and is charging me only for the days from the notice (which is only about a week), whilst still keeping my deposit. i think that is fairer...