Keeping my Deposit?

[Treysanatomy]

When my DD started nursery 3 years ago I paid a £35 registration fee and a £50 deposit.

She left nursery in September when she started school but the nursery are now refusing to return my deposit stating it is 'non refundable'.

At the time DD started there was no waiting list, the nursery had only recently opened. I paid the deposit the day of her fist session.

Their fee schedule states that 'a deposit of £50 (non-refundable) is required to hold or reserve your child's space'. My understanding is that they can only keep the deposit if I were to not take up the space, leave without notice or without paying an invoice.

A deposit by definition is part payment so if this is not used as such this is surely a charge and not a deposit?

My younger child still attends so I'm reluctant to cause a fuss, but on the other hand it's £50!

It was left with the manager saying she'd 'check because you started here before I worked here so it might have been different then but it's definitely non refundable now' Any advice on how to deal with this?

[Scallywaggle]

You're not entitled to a refund, that T & C is standard and across the bar.

The deposit was paid to specifically keep a place available for your child, which they did.

[mindutopia]

Did they not apply it to your first month? I was under the assumption that these deposits are paid to hold the place in case you don't show up, and then once you do, it is applied to your first month's bill. I don't think it's like a tenancy agreement where you get it back at the end when you return your keys. If it said, non-refundable that's what I assume they intended to do with it.

[RidingMyBike]

Did they not use it as part payment for the first month? We paid a deposit for DD’s Nursery (over £1000!) and that was used as part-payment for the first month’s fees.

[SavageCabbage]

I would have expected it to be knocked off your first bill. I don’t think you are at all unreasonable for expecting it to be paid back. £35 to register and £50 to hold a place that you took that same day! Highway robbery.

[Lyraandpant]

The Nursery my DS is at knocks the deposit off your final bill. So I would expect it to be refunded. Do you have an email or similar from them when you first paid it?

[Treysanatomy]

The £50 wasn’t used as payment toward the first month - the first months fees were paid upfront the same day as the deposit and registration fee were charged!

Her space wasn’t ‘reserved or held’ - she started the same day and we paid full price for every session for 2.5 years.

Scallywaggle - what makes it a deposit then and not a charge?