Should I still pay for the nursery?Please help!

[bluesea]

The contract for the last term with my daughter's nursery terminated 0n Aug,15, we paid all of the fees(till Aug,15) before we went to my home country on Jul,20. Because we planed to come back to UK at the end of September, but I hadn't decided wether to keep the place until the night before we went away,I only left a check of a month fee to my freind to take to the nursery without signing the new contract. At present we cannot go back to UK until next year,and today I 've got an email from the nursery to ask for the fee, I think I don't have to pay for it because I didn't sign the contract and my daughter doesn't attend to the nursery as well. so the question is
should I still pay for the nursery?
what will happen if I don't pay?
thank you very much for help!!!I'm so worried now!

[LIZS]

Depends how you left it with the nursery - if you asked them to hold a place and they have done so it could be argued to be a verbal contract and so binding. If they haven't held the place for her then no. They could take you to court for non payment if they feel you have breeched the contract but would have to prove that it existed and they have suffered a financial loss.

If you are asking them to defer a place for your return you may have to pay a retainer/deposit to do so or risk forfeiting it.

[bluesea]

Thank you very much for answering my question. when I left, they said if I want to come back to the nursery, I have to pay for the all term(not at once), they don't accept deposit to defer a place.
Yes, I asked them to hold the place by leaving a check but I didn't have any confirmation from them, even when we didn't go back on Sempt as we told them,they didn't contact me, so I assumed they haven't held the place for us.however, now they are asking me to bring the account up to date, I really don't know how to do now, I don't want them to take me to the court, but I don't want to pay the money which I shouldn't pay. Please tell me how to do now, I reaaly don't know how the system works as I 'm a foreigner.Now I'm so worried!!!please help me !

[annh]

I'm sorry but it sounds clear that you did ask them to hold a place (you have said youself you did and gave them a cheque)and they have done so as per your instructions. The did also tell you that you would have to pay for the term and that they could not defer place witout payment. The fact that your daughter has not been there is irrelevant as they have not been able to give the space to anyone else. Therefore, you owe them the money. I suggest that you call them and try to come to some arrangement where you may be able to get some reduction, particularly if your daugher will be returning next year.

[LIZS]

There is no standard system as such, a private nursery can set its own terms and if that requires you to pay full fees in order to have the option to return or perhasp give a full term 's notice(or pay in lieu) of non return then so be it. Presumably that would have been stated in the contract you initially signed even if it was not formally renewed.

They could issue a claim via what is called the Small Claims procedure. However if you are not currently in the country it may be harder for you to defend any action in court but also for them to enforce. They would have to show that they have grounds to claim (ie kept the place open on your say so and had suffered a loss as a result of you not paying) and that they have given you reasonable opportunity to pay. Your best hope is to try to negotiate before it reaches that point. Perhaps they would offset some of these charges against future fees if your dd does resume, although you may already feel that relations have so soured that she may not be welcome back, or agree to settle for a lesser amount.