To not pay the nursery

[HowamIgoingtogetoutofthis]

Forgive the brevity, I typed a monster post so as not to drip feed, but I lost it.

I have left a violent relationship. Children at risk of abduction (international dimension, court orders protecting children now in place) by their father. He was arrested for assaulting me. When on remand my family and friends moved me out hundreds of miles away.

I emailed the nursery explained the situation (in some detail) explaining the children were not safe at the nursery if their father was released and his behaviour may present a security issue with regards other children.

The manager sent me an email saying he would speak to the owner, was sorry to hear what had gone on and would forward the bys portfolios on in confidence when necessary. Today the owner has sent me an invoice for the entire notice period (£1400). I had expected to lose the deposit, but I have literally just run away with my children to save them. I don't have that sort of money. AIBU not to pay? They can't sue me, I have no assets.

They will fill your child's places easily.

YANBU OP. You have too much on your mind to even start worrying over this.

I don't think much of a nursery owner who puts themselves over the welfare of children tbh.

Don't worry about this at the moment - you don't have to deal with this now - you have other priorities. Take time to feel safe where you are and to settle. Make sure you have enough money to live on. Focus on helping yourself and your children feel OK again. :)

Keep the letter from the nursery and think about it again in a few months. Remember that even if you are legally liable for the debt, you would not have to pay it all back at once... You would legally be able to make a 'repayment order' that you could afford - just a few pounds a week if you are on a low income.

Good luck with everything!

I very much doubt they will pursue the OP if she doesn't pay.

I'm so sorry you in such a difficult position (not talking about nursery fees).

As a nursery manager ther is no way we would ask for the money in these circumstances, our owner is a shrewd business man but he would not pursue this.

I wouldn't share you new contact details with the nursery by the way, their portfolios are not that important (or get someone you trust to collect then forward). Having seen what some nurseries class as confidential procedures I wouldn't take that risk.

the nursery is a business its purpose is to make money for its owner.if that is what their contract states then they have the right to call the money in.your personal situation is not their concern

I have had something similar, with Nursery fees in lieu of notice. The Nursery has ALWAYS refused to let me pay in instalments, wanting the full £2,000 owed at once (hardly going to happen as I have been unemployed for the four years since I lost that job with only a week's notice, and at that point, there was no 4-week run on of the childcare element of WTC).

For four years, I have been offering them a payment agreement that I can afford. If they had accepted that agreement four years ago when it was first offered, the debt would have been paid off by now.

Yet still they refuse any offer to pay unless it is the full amount.

I keep telling them to take me to court rather than harassing me by post, but they won't. Every time a letter comes in, I phone them, offer them the arrangement I can afford, and back it up with a letter. Every time they refuse.

Four years down the line, I still owe them £2,000. They are idiots who are just trying to harass me, they won't take it any further because as soon as it got into a courtroom, the court would look at my current financial situation and offer them £1 a week. Which is LESS than I have offered them...

Just because someone has the legal right to do something, it doesn't mean they are obliged or correct to enforce that right, carycach. Also just because something is in a business to customer contract, it doesn't mean it is fair, or enforceable in court.

And I think the aim of a nursery shouldn't be to turn a massive profit, the priority should be caring for children, because you love children. If your priority is riches, for god's sake go and work as a trader or something, keep well away from working with children.

the nursery is a business its purpose is to make money for its owner.if that is what their contract states then they have the right to call the money in.

No they don't. They have a legal duty to mitigate, which would be done by seeking to fill the space as soon as possible. Penalty clauses, such as the one cited here are ILLEGAL.

your personal situation is not their concern

Ha ha ha. Of course it is. If she won't or can't pay, that is absolutely their concern.

I wouldn't be surprised if the invoice was sent by a faceless accountant who knows little of your circumstances.

Try not to take it personally. I would contact the nursery, explaining exactly why you have been forced to remove your children, point out that their loss is minimal and ask them to waive the notice period.

If they refuse, then you can take it from there, but give them chance to do the decent thing first.
I would imagine that most childcare providers would be sympathetic: I know I would.

CouthyMow see your CAB. I think you can fairly easily get an injunction against harassment by creditors these days. They are NOT allowed to harass you.

I think that if they want you to pay the notice periods they should not give your children's place away, maybe call them when you know the place is filled and pretend you will be using the children's places in the notice period, they can't charge you for something they can not give you.

Don't spend any energy on it at all, seriously. Try to put it out of your head. You have much MUCH more important priorities :) You can come back to this in a few months if you need to.

And I agree with dribbleface: do NOT give your forwarding address to the nursery - not because of the money you may or may not owe them, but for your children's and your own safety. You have had to flee violence, and I simply do not think you should trust them - if your ex asks for your address (He could tell them "I just want to see my children" or suchlike) they may give it to him. Don't take that risk.

Can't believe anyone thinks YABU at all, if the places have already been filled. And even if they hadn't, that you ought to have a spare £1400 sloshing around, especially in your circumstances. I'd go along with the advice about keeping a forwarding address to yourself.

liquidated damages clauses are enforceable ie where they represent a genuine pre-estimate of loss.A months notice I think would be reasonable.A penalty clause is not enforceable ie where the sum payable is out of all proportion to the anticipated loss.
At thye end of the day if you are not giving them a forwarding address I think it's unlikely they will track you down and sue you.

You should pay it if it is what you agreed when you took the place as you do owe them the money.

carycach

It's a nursery contract - business to consumer, not a building contract between two companies. Big difference.

No retybya!
Say I said I'd pay you £50 petrol money for a trip we were taking, then cancelled for (whatever reason), but you found someone else to take the trip, would you really feel entitled to the £50?