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Christmas and new year fees

12 replies

ad77 · 08/12/2010 08:53

Hi everyone, the nursery that my sons go to are goning to have 2 weeks off during the Christmas and new year week. However, the nursery has demanded more money. We are thinking of leaving the nursery before the Christmas and new year week, they have also verbally stated that we are under contract and we must pay.

If we do leave, can they still charge us for the Christmas period or even worse can they take us to court??

(No price list has been given until today.)

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bran · 08/12/2010 09:05

What does it say in your contract with the nursery?

The terms and conditions should state a notice period, usually at least a month. It's also normal to have the total annual fees averaged so that you pay the same each month even when the nursery is closed.

What is the price list? Have you not known what your fees are up until now? Or have they increased the fees?

pleasechange · 08/12/2010 09:09

What do you mean they're demanding more money? Do you mean they've put the fees up from Jan? - if so that's what usually happens

As for price for Dec - most (if not all?) nurseries just charge a monthly rate and so it's averaged out over the year. They still have to pay rent/rates/staff holiday costs etc etc. Those costs don't disappear just because they're closed. If they went with the idea of charging less in Dec then the cost would just be higher in other months, so no point really

ad77 · 08/12/2010 09:52

Thanks for coming back to me guys very much appreciated, this is a stress that I really don't need from the nursery! Yes, they given me 1 month in the contract, however as from 3rd dec, i've told them we are leaving the nersary. At that point they said you will still have to pay the Christmas period 2weeks, we pay weekly every Monday and they are demanding for the 20th dec -and 27th-£200 full days (price has increased by £60 only for Xmas) No list was stated in the contract regarding christmas fees.... However, we were told to pay a certain amount, which we did on a weekly Babis. (we only been with the nersary since october.) too be honest with we want to leave the nursery from next Friday now. They are also very rude, abrupt and not very professional. I'm fed up with them.

OP posts:
bran · 08/12/2010 10:18

I think you will have to pay for your month's notice or they probably will go down the legal route. However, if there has been an unexpected price rise after you have given your notice then I suspect they are taking the piss.

Write to them saying that you will pay your usual weekly fee for your notice period but that they have not given adequate notice of their price rise and you will not be paying the extra £60. If they are unhappy with this then they are free to end your contract with them early. Hand them the letter on your DC's last day of attendance.

If there is no mention of notice of fee increases in your contract then it's reasonable on your part to assume that they should give the same period of notice of fee increases as you have to give for terminating your contract.

I'm sure they won't bother to take you to court for the 'extra' money, especially as they could be on shakey ground in the way in which they have charged it.

As an afterthought, if you gave notice on the 3rd then presumeably you should be paying fees until the 3rd January. Do you think they might have just rolled the first few days of January onto your December fees and that could be where the extra £60 comes from?

ad77 · 08/12/2010 12:10

I think it might be because the government funding doesn't support the 2 weeks. On the contract it clearly says weekly charge will increase annually from 1st Monday in April. It also says in the contract that normal fees will apply over Xmas. Also there is no mention of pricing for my second son. My first son will be starting school from January, so nursery shouldn't be charging any extra fees. However my second son will still be full time in nursery. But they have not provided a list for him. Due to the lack of communication all the reason to leave and complain.

Small claims will charge them if they decide to take that option. Last day for my boys will be next Friday. I'm still debating if I should pay them or not?

Any more suggestions?

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websticks · 08/12/2010 22:45

You entered in to a contract. pay them. How would you like it if you decided to leave your job and your boss decided to not pay you for the last month?

milly44 · 09/12/2010 16:32

Always important to read terms and conditions before you sign your child up. You entered into a legally binding agreement the moment you signed on the dotted line I'm afraid. By the sounds of the nursery made it very clear about one months notice and that full fees payable. Sorry but you really should pay. Can you imagine if every parent reneged on their contract? Contracts are in place to protect both parties - you and the nursery.

ad77 · 12/01/2011 20:14

Milly44 and Websticks - Thats Rubbish if the nursery hasn't binded by the contract, I have every right to terminate the contract...I've given them plenty of notice and therefore I am not paying them. Not only that, there is a huge part of neglect and various other things they have done from there part, which im taking legal advice!!

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Cookielove · 12/01/2011 22:38

You should pay the notice period, i am not sure about the extra £60 from what you said, they seemed to have just aided that on. Regardless of how you feel about the nursery, and how much you used, you should pay it.

nurseryvoice · 14/01/2011 10:28

"nursery not binded by the contract"

Does it say in your contract if youare not satisfied with the level of care you dont have to pay?Hmm
Other posters are correct you must pay the contracted fees which are legally binding.

As Milly said if you left your employment and your employer didnt pay you for your last weeks work because he didnt think youd worked very well you would be furious and take them to court for non payment.

Sorry but thats life/law
it doesnt mean you accept it or agree with it but sometimes you just have to get on with it.

chameli · 25/01/2011 19:25

i am in the same situation, my son who started nursery last oct who hardly attends due to his always catching cold and flu from other kids. since dec till today he has only been in 2 weeks. i pay nursery and i pay childminder which costs me more then what i earn.

his not even looked aftered, he comes home hungry like anything that he wud eat any food of the floor (trust me its a mession to feed him normally).

i have had enough and i told them i wont bring him back but they want 4 weeks pay (they having a laugh).

can anyone give advice?:?

kittycat234 · 04/02/2011 22:48

I truely sympathise with you and am going through a similar case. My dd had been at private nursery for 3 and a half years and we my son for the past year. I loved the nursery but unfortunately the owner became ill and sold the nursery. We did some work for the nursery (as to keep confidence I will not disclose) each month we received a monthly discount and we gave them a discount on the service we provided. Not to mention all the referrals they recieved from me and appraisals.

Anyway when the nursery was taken over the new owner advised that the business aggrement between us would stay etc etc. Unfortunately being self employed the end of last year was not good to us - Clients were paying late etc etc and not to mention with Xmas coming up getting new business was proving difficult. I also caught pneomnia and was off for 2 months, my poor dh was forced to run business and household. We were forced to default 2 payments - 1 week the kids werent even there due to them being ill and my dd hadnt been on a fri for about 4 weeks.

My dh decided before things spirraled out of control and because of the respect we had for the staff, to take the kids out until things were showing a decent improvement. He had a lovely chat with the owner and offered to keep up the business we were doing for her. She jumped at the chance and said she would get back to us on a price reduction on the 2 weeks we owed her. We felt positive and were just hoping that the new year would mean that at least my ds could return.

Where it went wrong: 2 weeks later we receive a letter through the post from the owner stating that she was upset my kids were leaving and that they will be missed, however went on to say the business deal we had running she would stop (fair play) and that she could get someone to do it for free on the work we had already done (not fairplay lol) and that because there is a notice period, we would have to owe her an extra 2 weeks. WHAT??? I knew about the notice period but if that was her stance she surely should not have lead us on and we could have kept the kids in for the 2 extra weeks so that my dh could have got more work done. Also by letter after the notice period was over.

So I responded via letter to say that I was disappointed about the business deal ending but that I can understand her stuation, and that if she wanted the work we had done she would have to pay or the work will stay with ours (we legally own it). She proceeded to call me back screaming at me and saying that I was lying about my financial situation (what a joke) and that if I wanted to put my son back in I couldnt as he didnt have a space - Hang on I thought the point of a notice period was to cover costs, how can this be the case if his place was already filled???

Anyway to make matters worse until things were improving we both agreed on a token payment. This was the case and we received another phone call with her freaking out about payments even though we discussed what was going on and she agreed- (I think I am starting to see a pattern, she obsiously doesnt listen) the same day after resolving the issue we receive a letter saying she will pass debt on to a debt collector and char 15%. We dismissed as we had just spoken to her. Then a few weeks later we received a letter from debt collectors asking for money, I was bemused - this surely isnt legal is it. We now have 21 days to pay full debt or ELSE!!!!

I feel that our goodwill was taken for granted and that she has been able to move goal posts etc.

Would like to hear a few words of advice and I am the one in the wrong??

PS. I have paid religiously every week for 2 children with only one discrepency where I actually paid the wrong person (int banking) and was oblivious to tha fact and I corrected situation as soon as it was brought to my attention. For 2 weeks arrears, this is a bit mad isnt it since the debt is only 2 months old???

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