Getting my deposit back from nursery

[Stokey38]

Hello, need some advice about getting my deposit back (as title would suggest!) Basically we had real problems with our old nursery and ended up reporting them to OFSTED about a health & safety issue and also the owner / manager was really aggressive. Anyway, they actually ended up giving us notice when we complained about things but we're happy to be out and start a new nursery in a couple of weeks. But they still have our deposit of over £1000 and they were meant to refund it last Friday and nothing and I have emailed him again today and still nothing. They have a real history for being terrible at communication so this is no real surprise but obviously we want the money so wondered if anyone had any experience of this at all and any suggestions about getting it back and where I stand legally?

Thank you!

Write to them giving them seven working days to pay the money, or you will be forced to reclaim the monies via the courts. That's one hell of a deposit though! Where I worked, we'd ask for half a month's fees as a deposit, and that would be deducted from the first month's fees, paid in advance when the child started.

I know, they weren't cheap, although that was for two children. They were crap and expensive. So glad to be out of there... although with the money would be preferable! Thank you for the advice.

If they don't pay up, then you can use moneyclaimonline to chase it. You don't need a solicitor. The fees you pay are added on to the debt.

Stokey38- thats one heck of a deposit - even for 2 children !!

what i will say is that going through the courts can be a very long, gruelling waste of time - i found this through personal experience- quite similar to yours-

My DS attended a nursery almost 2 years ago- we had various issues with the service and to cut a very long stort as short as i can- we had to remove him after 6 months- reported them to the Care Commission- who investigated them for a few months- then they provided us with a report that bascially confirmed our son did NOT get the service we were paying for.

We asked for all our fees to be paid back- via the small claims court- and after almost 9 months of waiting and going to preliminary hearings - the final hearing was a few weeks ago and we didnt get one single penny back- despite us having evidence from the care commission- the sheriff advised that they couldnt use that as "factual evidence" and that because we didnt have signed terms & conditions between us and the nursery he was unable to see what we had agreed we would get in terms of "service" so couldnt refund us anything at all whatsoever. It really was such a waste of time going through the courts- something i would definetly not recommend - unless of course you do have signed terms and conditions that clearly state what you were paying for in terms of a "service" etc.

Good luck- best thing i can say to you is you will feel so much better that your children are out of there and do not let it put you off childcare - my DS is now in such a lovely nursery - its totally different from the first one in every single way and ran so much more efficiently and effectively. Thats worth its weight in gold- i am just putting the first one down to a very bad experience and many lessons were learned through it !

Best of luck to you and your LOs

hi stokey

As thevisitor says you should give them 7 days to pay and then take them to court for the deposit - I am reliably informed the small claims court is relatively inexpensive and easy, and they will definitely find in your favour.

You could also cc the LA into all correspondence with them (I would do it all in writing) so they can see what's going on, and I would certainly tell Ofsted you were made to leave the nursery after complaining - parents are supposed to be able to complain if they're not happy about something, which is why they should have complaints procedures!

Glad you've found somewhere else to move to - any chance you can tell us which area you are in?

please PM me if you would like more advice - I have experienced very similar to you and hope your little ones settle into new place well!

omg that terible!
what do your terms and conditions say?

Hi well the problem I am having, is that my son started 4 weeks ago in this nursery, and he is completly not settling in well, he doesnt like it , he cries, and is just really upsetting for him as for me, his personality has change and he becomes sad. I have said to the owner of the nursery I dont really want him to continue going, I would like to finish, giving her a months notice, as there is a settling period of 2 months in the contract.. she has said ''I have to give minimum of two calendar month?s written notice must be given, the last day of which must be the last day of a calendar month''. but this would mean him going for nearly 3 more months, when I explain to her I as a parent don't feel my son is fine or happy, and dont find it appropiate for him to go all this time upset so I can get my deposit (£850), I don't find that fare for my son.
If I am concern as a parent is because I know, my son and feel he is not doing well.
what can I do? is there a law or something, where if the child is not adjusting there shouldnt be any pressure for him to stay in order to get my deposit???
look foward to hear from you please...

marcela - what do the terms and conditions say?

A friend of mine had issues with a nursery after being told she'd get her deposit back if she cancelled the place (they moved, and told the nursery this was a possiblity when she signed up. They said no problem, we'll give you your cash back)

It took lots of visits, phone calls and threats to go to the small claims court, but she did get it. It probably helped that it's a part of a larger company. But she was just so persistent and that's what you need to do.

And definitely make sure that you let Ofsted know all the details.

You can use your local trading standards to deal with this problem