Overdue Refund

[kyz1981]

Hi Just after a bit of advice as to what to do next/ legal standing.

We were waiting for funding to come in for my sons nursery place, it did and we are in credit of approx £600- £700, he is fully funded and we pay a small amount every month for food, which we are happy to pay via direct debit and have filled out the forms for this.

We have been requesting a refund since January- we have done this in writing and were told it would take 14 working days, contacted them again and was told the request had not been put in, so again in writing asked for a refund, the time passed and no -refund, we have written them another email stating we are annoyed and have not had the refund and asking for an answer that day (Thursday) got no answer, Emailed them again on Friday and was promised it would get looked in to and again nothing.

Just after advice as to what steps to take next ( If we can use small claims court) and some legal wording to put in the next letter email as we are so annoyed now

Thanks in advance

[Arohaitis]

well you can stop your for payment.

do you have clear documentation? do they dispute the amount?

you can try small claims but then what? will you be removing your son?

[Arohaitis]

food sorry

[kyz1981]

The thing is they are taking his costs from the balance not by DD despite us asking them to, they agreed and have copy of signed DD form. Yes we have several invoices stating amount we are in credit, I am planning to remove my son from the Nursery in September.

[Arohaitis]

why don't you want them to take the costs from the balance makes more sense surely?


DO you really want to leave him for 6 months when you have taken them to small claims?

why not work out how much they will owe you in September. and work out whether you want to go to small claims now and leave him there, go now and remove him or go to small claims in September?

have you asked them why they are not refunding you?

[kyz1981]

Hi - if we did not want/need the money than this would be fine, but we actually need the money to purchase a specialist car seat for my son as he is disabled, we only pay £8.00 a month for his food and he only attends term time, everything else is funded by the LA and his statement, including an extra staff member.

We have been in credit since sep last yr when his high need funding came in and were originally over £1000 in credit and were happy to leave it to be used towards sessions. However the nursery have refused to have my son for any additional non-funded hours so I don't want to leave the money there doing nothing when we need several things for him.

We asked at first for the fees for 12 months to be taken out and the remaining balance to be refunded, they agreed but did not do this, and we have had enough now and just want the full amount back.

All we get back is so sorry we will look into this for you, or I have no-idea why you have not been refunded let me investigate, and the person you need to speak to is not available, They always promise to get back to us but never do - It is a chain nursery so we are dealing with Head office and my DH emails them daily at the moment.

[kyz1981]

If I could get a suitable nursery that was not full I would move my son tomorrow and I have the inclusion officer and the LA sen adviser looking at places for me.

[Arohaitis]

Sorry I don't mean to quiz you, you don't have to justify needing the money to me, you don't even have to justify needing it at all just wanting it is fine it is yours after all.
I was just trying to 'discuss' it with you, in case that ads clarity, I find sometimes someone writes things on here that make me see my own problems completely differently.

so the 8 quid is not going to make a dent in the money, (where my kids have been I can't imagine being left with anything after 6 months hence the question)

so would you take someone to small claims and still leave your son in their care?

[Arohaitis]

if so i guess there is your answer, letter to whoever does finances threatening small claims unless paid by x date (I haven't a clue what is reasonable maybe 4 weeks might be worth a look on google) and them small claims court

however it seems like you have 6 years and amount limit is 10K

[Bonkerz]

The nursery funding is paid the the local authority and can only be used for 15 hours funded sessions. You cannot use it for anything else. Your child would receive a higher rate due to his disability but it is for the nursery. You have no right to ask for this money. It will show as credit but you will use it before September. This is not your money.

[Arohaitis]

Is that what it is? I thought the OP had paid and then got funding through (does that make sense) but then I read it again and nowhere does it say she paid!!

So why are the nursery not explaining this to her?

[kyz1981]

Hi we paid in full as was waiting for funding, funding was backdated so we were in credit - our money not LA's

[Bonkerz]

Then The nursery has broke the conditions of the early education funding!

[kyz1981]

sorry wiggly baby its as Arohaitis put it, sorry if I did not make that clear, we always paid in full in advance by DD before his funding came in and when it did it was backdated to when SEN officer applied as it was a high need 2 yr old funding.

[kyz1981]

The nursery are not saying that the money is not ours, they just appear to be using delaying tactics and messing us about- the amount owed is not in dispute- just getting them to refund it is like hitting our head against a brick wall- hence looking for wording to make them take action.

[TwoAndTwoEqualsChaos]

When we claimed (and received) money back from our landlord, we could (and did) apply a court set rate of interest to it, as well as the court fees. I think it cost about £50 (this was several years ago) and the form was straight-forward. In the end, he didn't contest it, we were awarded it and he did send the cheque.

[Arohaitis]

oh glad it is yours

worth pointing out as well if you do end up in small claims then you can ad on the cost of the small claims fee.

I have not been much help sorry I was about to say well if it's wording maybe try and ask in legal then I looked to check and sure enough this is in legal

still at least I have bumped it for you

[kyz1981]

Thanks so much -will get on it tomorrow.

[Theincidental]

Which and can have very good letter templates for threatening small claims court. You must follow it to the letter in order to keep your claim water tight.

It's worth sending a warning letter giving 28 days notice of legal action with a chronology of all previous steps to reclaim your money.

[Theincidental]

CAB not can!