To think the nursery cant ask for a deposit after ds has been there 6 months?

[Vix1980]

Thats it really, when i signed him up all i was ever told was to pay 2 weeks in advance, nothing else, so he started i paid my 2 week in advance and have continuted to pay every other monday morning since he began in June.

I go in last week to pay and am handed a letter by the manager saying it is regarding the arrears i am in, totally shocked i just say what and he explains how i had never paid my deposit, i explained again that when i started what she (the manager) had told me was to pay 2 weeks in advance, you never mentioned anything about a deposit, oh er didnt I was her reply. I heard all about the wnderful holiday she was going on but not once did she mention deposit. If she had i would have paid it at the start.

So basically she now starts presuring me asking what can i pay to start making it up. Somehoe it jumps from me not having paid the deposit to i have only ever been 2 weeks in advance rather than the 3 i should have been???

Ive not paid any of it yet, the letter reads horrible, actually saying if i havent paid £289 by the 19th December they will terminate the contract. Just wondered if they have any legal right to do this to me? for what its worth its a sure start nursery which has been sold, the new owners take over in January so could it be anything to do witht he sale, they are trying to grab every last bit of money? Thanks

Oh it does sound like it might have something to do with the sale to me, I think perhaps they've realised they should have these funds in place and are clearing up their mess now.

Is it a good nursery apart from that? I don't like the way they are throwing things at you in such a rushed way and would be tempted to leave, but easier said than done.

Do you not have anything in writing - From them about it at all - when you signed him up ?

I'd check what is actually in the contract. If you signed and the deposit is there in the small print then I guess you'll have to pay up. But if the contract you signed doesn't mention the deposit then I don't see how she can demand it.

Regardless,if there are new owners from January why would you pay a refundable deposit to the current owners now? I would write back to them advising you were not told of deposit, have paid fortnightly in advance as asked and are up to date. The deposit could only be either to keep the place or as insurance against you not paying. I would say that I would discuss this with new owners in January.

What does your original contract paperwork with the nursery say?

It sounds like the nursery are being unreasonable in the way they're handling it, but by the same token they are a business and if you don't like the way they work, you can always go elsewhere.

You're not paying the current owners, you're paying the business. It sounds like they are just trying to make sure all their accounts are up-to-date and in order before the sale.

I'd just agree a payment plan to give them the money.

To be honest i did go to view another one last week as my first thought was well, I'll leave. But the other 1 was a nightmare, kids running round dirty and throwing things, so it is a good clean nice nursery other than the admin side of it.

Just dont know whether i should fight it as i dont see how they couldnt have noticed for 6 months that someone hasnt paid a deposit. I heard its not just me and there are a few other parents in the same boat, so im inclined to think its just because of the sale going through.

Do you have a contract? Have you checked it?

I didnt get a contract, it wasnt that type of meeting, it was more a form she filled out stating any special requirements, going through run of the mill questions, more that type thing.

I swear though, she never once mentioned any kind of deposit, If she had I could have easily paid it at the start by putting his start date back 2 weeks so i would have had the money. To ask for £300 right before christmas though and expect to get it is just a joke!

Is it a legit nursery? To have no contract sounds very dodgy to me.

It does sound dodgy! Don't nurseries have to get you signing all sorts when you join and give you a copy of the contract so you know the rules about paying when the child is off sick etc?

I did sign but i never recieved anything to bring home with me apart from the info pack, had a look in there but all it talks about is the learning framework and a copy of the ofsted report.

It is a sure start government nursery so its not as dodgy as it sounds, but yep agree it is weird after speaking to a friend whose daghter is in a private nursery she paid the deposit, recieved a contract etc.

Im now wondering if a few people just havent been doing ther jobs correctly and now im having to pay because of it?

Ask for a copy of the paperwork you signed and see if it is in there. Could you maybe get someone to pretend to ring up about putting their child in and subtly get them to ask about deposits? It does all sound a bit suspiciously times!

It's more likely to be that a few people haven't been doing their jobs correctly and so you didn't have to pay earlier when you should have done.

I know when my older DCs were at private nursery they had a manager who was absolutely lovely with the children and parents but was apparently a complete disaster on the financial side -- records of who had paid what and when were virtually non-existent although it was clear that receipts were well below what they should have been so presumably some parents hadn't been paying. Eventually the owner and new manager just had to draw a line under what had already gone on and write off any losses up to that point, then start again with better financial controls in place. Your nursery may just have had management who were slightly better at the financial side so that they can at least work out where things have gone wrong and people haven't been asked for money when they should have been.

Start by asking them for a photocopy of the contract you signed six months ago, because you obviously don't want to breach your contract but you don't remember these terms and conditions being in it.

I'm a solicitor. I'd tell them politely to whistle for it, unless they can produce terms and conditions I'd signed up to, to the effect that the extra week is due. Other than that, there is a verbal agreement to pay two weeks in advance, and you are all up to date with that.

I bet they think most people won't question this and pay up.

thankyou everyone especially katnip!! Just what i wanted to hear.

Hes off sick today so next day in is wednesday, I'll pay the 2 weeks then and will ask if they can get me a copy of the contract i signed when he joined so i can see it again.

But in fairness im looking at the pack they gave me and there is nothing in there at all regarding money! Was just a verbal agreement to be 2 weeks in advance. thanks again, was worried sick for days but now feel a bit better!

Plus the fact surely a retainer is to secure a place, so people don't change their minds at the last minute? It's not like when you rent a flat and the landlord requires some kind of security against damage/running off without paying rent. You are paying, your child is attending- what more do they want? If you ever don't pay the fees due promptly your child will be stopped from going - that's their remedy. What more should they need under the contract? They already have money for nothing in the retainer, effectively.

I did ask them what the deposit was even for, they said it effectively means that when he comes to finishing nursery, his last 3 weeks will be free?

Surely then thats my decision if id rather pay now or for those weeks when the time comes.

The more i think about it the more it seems like they've massively cocked things up, 1 receptionist told me it was down to staff absenses through the summer but now im not so sure!