Can anyone advise me in this matter please?

[Titsalinabumsquash]

My children attended a college run childcare scheme, for 2 hrs after school once a week while I was attending my college course.
When I enrolled them I said that it would just be for the duration of my 9 month course.

As soon as I found out the end date of the course I submitted it in writing to one of the staff members when I collected them one afternoon.


I paid monthly via direct debit and never missed a payment:

Come the end of the term my disabled DS1 became very unwell and as a result both boys missed the last week, I was in college completing my last assessment and left early, I went in and told them that DS1&2 wouldn't be in and why and also thanked them for their time and that the boys had fun etc...

A few weeks later I get a snotty phone call demanding to know why the boys weren't attending the past couple of weeks!

I told them that they didn't require childcare anymore as my written confirmation.
They claim they never received it at the finance dept and so I owed them ££££.

I said no way, please check again as I've verbally told you and confirmed in writing that the service wasn't required as of x date.

After tha they again said they'd not got the written confirmation and the were keeping my £100 deposit.

Then I got 3-4 calls a day from them, in the end I answered and said that they had already taken £100, I didn't owe them as it wasn't my fault they hasn't dealt with the written letter properly, I also said please stop harassing me as I was carrying and very high risk pregnancy and dealing with DS1 who was being shipped between my local hospital and London (3 hrs away) as he was very unwell.

Today I have a flipping debt collection agency sending me letter asking for £££ on behalf of the childcare people.

[RedHelenB]

Did you have a contract detailing how much notice you had to give and the manner in which you had to give it?

[LIZS]

Is it run by the college or a subcontractor ? Sounds like a miscommunication and you need to go back to whoever you submitted notice to .

[CajaDeLaMemoria]

Do you have proof of notice?

What does your contract say about how to give notice? It should tell you who to give it too, and how much they require.

Luckily, this is a pretty simple legal issue.

[EuroShaggleton]

Yep, legally this is pretty simple.

What does the contract say about notice? Did you comply with it?

The tricky bit might be proof. Did you keep a copy of the notice letter? Did you post it or hand it in to a particular member of staff? Who did you speak to about giving notice.

The advisible thing to do what be to write a letter back saying:

the contract says [...]
I complied with this by [sending letter and speaking to X]
I do not owe you anything. You owe me £100 for the return of my deposit
Call off your debt collectors and return my £100 within 7 days

(This assumes you have complied with the contract terms.)

[Titsalinabumsquash]

I was never given a contract. They just said I need to give notice in writing within 4 weeks of the proposed end date, which I did. I don't have a copy of it, it was just a bog standard letter handwritten and handed in.

It's a childcare facility for students on site on site of the college but its also used to train students who are taking a childcare course.

I'm not sure what my next step is, it's my word against theirs and neither of us have proof of anything. It says to call the debt collectors urgently but what do I say?

[LIZS]

Don't call debt collectors only deal with the Finance Department at the college (if that is where fees were paid) . You say within 4 weeks surely you man giving 4 weeks' notice of end date? Did you pay in full up to the expiry of your notice?

[Titsalinabumsquash]

Sorry yes I mean giving 4 weeks notice which I would have been well within the time for because I did as soon as I knew when my course was due to end which was after the first intro week at college!
I paid the dd monthly in advance and only cancelled it after the last lament was taken.

I have spoken to the face dept of the college a d the woman simply says that they don't have the paperwork so it's tough and the bill stands.

[prh47bridge]

The problem is that this is going to be your word against theirs. However, if it were me I would go on the attack. I would write to their Finance Department saying:

• You gave the required notice
  
• It is not your fault they lost the paperwork
  
• You cannot be held liable for their error
  
• You therefore do not owe them anything
  
• They are illegally retaining your deposit
  
• If they do not return your deposit and call off the debt collectors within 7 days you will issue proceedings against them to recover your money
  

If it does go to court the matter will be decided on the balance of probability. You don't have to prove that you gave the required notice, just convince the court that the balance of probability as that you did. If you come across as certain of your case you would have a reasonable chance of winning. They would struggle to prove that they didn't lose your paperwork.

[caroldecker]

I agree with prh47bridge. As you knew your end date well in advance, I would expect they would believe you gave the notice.