Nursery charging us for not taking place

[Flumsymummy]

Hi, we put my dd down for nursery place and signed a form accepting a place to start in September paying a £80 deposit which was refundable against fees once you start. This was in December last year. We’ve had no contact from nursery at all since then even though a letter which accompanied the form said they’d get in touch to remind us about an intro day in June. The nursery contacted me on Monday by text message (absolutely the first contact since early December) saying they assumed we didn’t want our place as we hadn’t turned up and demanding a terms fees to be paid as we’d signed a contract saying we would pay a terms fees. I honestly hadn’t realised we actually had a place confirmed as they had not been in touch. I do not need the place now as our childcare needs have changed but had assumed I didn’t need to inform them as they had not contacted me.

I would expect the £80 non refundable deposit to cover us not starting and we should not have to pay the full fees. The nursery is also oversubscribed so the place will be filled.

[GandalfsWrinklyHat]

What did the t’s and c’s say when you paid the deposit?

[poppyseeeds]

Did you sign a contract? Did you not actually cancel the place?

[HeadsDownThumbsUpEveryone]

I would ring them and query the lack of contact and see what they say, is it possible they emailed you or sent letters, although surely when they had no response they would have called you?

I would also check your terms and conditions for anything relating to paying for the term.

[Fatted]

Well you've not signed a contract! Ask them where this contract you're meant to have signed is?

It would have been a good idea to contact them to cancel though.

[actualpuffins]

They sound like idiots if they haven't got in touch to confirm the place in nine months or sent an invoice for the fees. Surely the idea of paying a deposit is that you only lose the deposit up to the time you confirm the place at a later point? Do check the terms and conditions when you paid the deposit though. These should be clear and not hidden somewhere on their website.

[AlexanderHamilton]

Have you got a copy of the form you signed? Presumably there weas a notice period on there?

[Myshinynewname]

It sounds like you need to check exactly what you signed in December. Although their communication has been poor i’m not sure how you can assume from that that you don’t have a place? If you paid a deposit, signed a contract and then turned up last week for the first time and they had said they didn’t have a place you would have (rightly) been furious! They have kept a place open for your dc and if they are oversubscribed they will have turned other people away.
My dc nursery has the same contract - a full term’s notice is needed to cancel a place.

[HeadsDownThumbsUpEveryone]

Although their communication has been poor i’m not sure how you can assume from that that you don’t have a place?

Probably because there has been discussion about start dates or settling in periods. The Nursery have not liaised with the Op in any way in 9 months, she likely forgot all about paying the deposit in that time. I imagine if she had turned up to the Nursery in September they would have been very confused to see her.

[AlexanderHamilton]

When I applied for a place for dd at a private nursery 14 years ago I was surprised not to hear from the nursery closer to the time of her starting. The difference being I contcted them and it turned out a letter must have got lost in th post.

Perhaps you should have contacted them before now.

[Flumsymummy]

I signed a form which stated: ‘I understand that signing this acceptance and paying £80 secures my place. This payment is non-refundable if I do not take up this place.A terms notice is required before a child leaves the nursery or you may be liable for a terms fees”. I think I just lose my deposit. They are demanding over £500 in fees.

[myrtleWilson]

from that reading I think they are in the right - you had a place, you didn't use it and therefore at this point you're into the realm of being charged for the term.

You could argue that they broke their terms by not contacting you - but i have no idea of the strength of that argument from legal perspective.

[easternedge]

Unfortunately op I think that is pretty clear. I would say you owe the money.

[Flumsymummy]

We haven’t turned up at all. I just didn’t tell them I didn’t want a place.

[HeadsDownThumbsUpEveryone]

A terms notice is required before a child leaves the nursery or you may be liable for a terms fees

From that I am not sure how they can claim you owe them the fees, your child never started the nursery so they cannot demand a terms notice before they leave the Nursery. What did they say when you enquired about the lack of contact, I assume they blamed you for not getting in touch even though their letters stated they would contact you.

[myrtleWilson]

But if you didn't tell them you no longer wanted the place, they were still holding the place, therefore you haven't used it/turned up. So a cancellation fee kicks in

[MrsBlondie]

I'm shocked that you wouldn't tell them you no longer wanted the place!

They want the money as you have cost some other child a place I suspect!

[easternedge]

But your place was secured as per what you have signed, they then couldn't sell that space and you just haven't turned up. You didn't cancel it so why should they have to contact you to check you still want a place you've already signed to say you do

[Spacezombies]

@Flumsymummy

Exactly. It quite clearly says that they need a terms notice. My nursery needed 4 weeks, so if my kids just stopped going then I would owe then 4 weeks of fees. Your nursery want a a terms notice, so if you don't go then you owe them a terms fees.

If you didn't want the place, you needed to tell them at the start of last term. You didn't. The terms couldn't be more clear.

[Flumsymummy]

I actually assumed I didn’t have a place confirmed as there was no contact, I. The past where we used to live I put my sons name down at 2or 3 nurseries paying a deposit but didn’t always get a place.

[easternedge]

A terms notice is required before a child leaves the nursery or you may be liable for a terms fees

Just because they physically didn't turn up doesn't mean they didn't have a place. A simple phone call would have sorted this! A shame all round! Op out of pocket and some poor family potentially missed a place that was available.

[INeedNewShoes]

I hope it's DD's nursery. We need more sessions and they don't have any available.

You've taken up a place that another child could be occupying, thereby losing the nursery money. Of course it's right that you should pay.

[easternedge]

I actually assumed I didn’t have a place confirmed as there was no contact

Are you kidding? You've literally signed to confirm the place ... do you want them to phone you every week to check you're okay?

[MintyT]

Challenge this they should have advised you of the inset day

[Flumsymummy]

But surely they should e been in touch to say where are you in June or to tell us what to bring on the first day? With some notice I could’ve made the childcare work

[easternedge]

I understand that signing this acceptance and paying £80 secures my place.

Secures my place. Jeeso. Poor nursery.

🤯