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Charged retainer fee after giving notice

16 replies

Samcj02 · 27/07/2020 14:05

I’ve posted on here before but they keep harassing me for this payment! can they legally enforce to pay a retainer fee after I gave notice in? Was charged a fee for April/May but gave notice for June which they said I didn’t have to pay, but keep hassling for the retainer fee? But as I’ve already told them
I don’t need the space, then what’s the reasoning for still charging it?

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EL8888 · 27/07/2020 14:07

What does your contract with them say?

Samcj02 · 27/07/2020 14:16

I have no idea, I actually used to be a member of staff there aswell but been made redundant! I’m pretty sure that the contract mentions nothing of a forced closure! I also know a lot of regular parents who don’t work there not pay anything!

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MRex · 27/07/2020 14:16

Retainer for what? An office, a nursery place, a flat...?

Regardless, you're liable for whatever's in your contract and nothing else. Read it. If you don't understand some of it then take a photo, mark out identifiable words (name, address etc) and post it here.

Samcj02 · 27/07/2020 14:20

Sorry it’s a nursery just found a copy of my child’s contract and it just states being charged for absences in the terms and conditions. X

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Samcj02 · 27/07/2020 14:21

Yes sorry I wasn’t clear the retainer was for my child’s space at a nursery!

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krustykittens · 27/07/2020 14:40

If it is not in the contract, you don't owe it. They are trying it on.

MRex · 27/07/2020 14:42

What notice period does it say you have? It might be phrased as cancellation.

Samcj02 · 27/07/2020 14:50

4 weeks notice period but she said she’d waive it! So
I just assumed she’d waive the retainer aswell!

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Samcj02 · 27/07/2020 14:51

I suppose I just don’t want her to refer me to
A debt collection agency or to court, it’s not a considerable amount of money or anything, but I’m now unemployed...Times are hard x

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Samcj02 · 27/07/2020 14:54

Which it actually states in the terms and conditions that in exceptional circumstances the notice period will be waivered! I just find it incredible how they can charge when they had funding and the furlough was funded by the government, I know other nursery owners who didn’t get the furlough payment and didn’t charge parents a penny!

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Samcj02 · 27/07/2020 14:56

Thanks @krustykittens thought so, I’m so worried about fighting this, never worked for such an intimidating company before in my life!

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MRex · 27/07/2020 14:58

A retainer is a fee for keeping your place until you go back, if you aren't going back then you don't pay that. Are you sure she hasn't misunderstood and thinks your child is going back to nursery? Do you have in writing that she waived the notice period?

slipperywhensparticus · 27/07/2020 15:01

Put it in writing whst has been said and agreed upon copy the manager in and whoever is haranguing you about the money (if its a separate person) reiterate as previously stated and as previously agreed as many times as you feel necessary tell them you are not returning and therefore will not be paying a retainer

Samcj02 · 27/07/2020 15:09

@MRexshe definitely knows He’s not returning, she’s my old
Employer and she only charged me to retain the space in April/May she charged me for June but wiped that off and didn’t charge me four weeks notice. I did start to pay it off as was told it was refundable to be then told it’s not.

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Samcj02 · 27/07/2020 15:11

@slipperywhensparticus thanks for the advice, I’ll definitely do it though I’m waiting until after I get my last wage as I don’t want them to take it out of my last wage if I tell them I’m not paying x

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Samcj02 · 28/07/2020 19:28

Some good news today from
The CMA I’m hoping it helps my case! For anyone else who needs help/ advice on nursery fees/retainers during Covid this is really useful and welcome information!

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904194/Open_letter_to_Nursery_and_Early_Years__settings.pdf

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