Problem with nursery - advise needed

[Ptica]

My son has been attending the nursery for almost 2 years so far, full time. It costs us an arm and a leg but as we have no family arrangements, we had to choose this option. The fees are very high and my husband is a small business owner, so we often run late with the payments. However, the fees are always paid within current month and we were never late for a month or more. This month I covered the fees 10 days later (so I paid today for August) and the nursery started saying they never received my payment, so they are cancelling my son’s place. I called tha bank which confirmed the payment left my account, so I called the nursery and manager told me they cancelled my son’s place and accounts haven’t confirmed the payment was received. Also, she said it is a business and they have no depts policy . I asked what depts if I just paid as I got paid my salary only yesterday. She said they have to receive the payment by the 10th of the month - which can be challenging for us sometimes as I am getting paid around the 20th... I followed up with the email to her and accounts but they left me with no reply. I am in despair now as I paid for the month and they are not allowing him in and don’t have any childcare at the moment. Is it legal what they did?

It doesn’t matter that you always pay eventually, you must pay on time like everyone else, thats how the world works.
You trying to justify why it’s ok to pay late is not on.
Your late payment has gone missing somewhere, where is the incentive for them to chase it up for you? You’ve caused them enough grief already by paying late, your entitled attitude has probably pissed them off so too so they’re not being as helpful as they could be to someone who pays on time. You chase the payment with your bank, prove it to the nursery with a bank statement and get your money back and find a nursery who’s fees suit your pay day.

It probably isn’t under late payments more likely under “termination” or similar, and late late payment will be a trigger for the termination provisions

It is also a crazy amount of time my admin assistant spends chasing up late payments. I understand that sometimes things are tight at times but it sounds like you make a habit of it. We always offer a payment plan if approached with someone having difficulties

sillysausage the actual cost to small businesses of chasing late payers is absolutely ridiculous. You shouldn’t have to pay someone to check that actual adults are managing to meet their contractual obligations.

If you get paid on the 20th you should pay then for the month in advance.
The nursery are in the right.

I explained our situation and requested days to be cut. Now they are unresponsive so I don’t know when I would be able to get a refund for days he didn’t attend. I called the nuresries around me but they are full and have to be placed on waiting list

But what about August fees? I paid in full and they don’t take my son in anymore
But unless you paid by the 10th, as per the contract, they have no obligation to provide the place. It's quite straightforward really.

It must literally use up 60% of her working week. We run holiday club too and have no admin so I've (as the manager) had to chase up parents. We have a family who now owe just short of £1000 because no matter how many times I've asked for the payment they haven't bothered so I was forced to tell them they can't come back until they've at least set up a payment plan. Now this is awful to me to have to do because I care about these children and they love coming and it's them now missing out. Especially when I then see the Dad sitting outside the pub drinking

We have a family who now owe just short of £1000 that is awful

Even if you choose to cut days, nurseries usually have a 4 week notice period to change hours otherwise people would just drop and pick up sessions when they please

"AIBU?" "Yes." "No I am not and it is really unfair."

Look, OP, I can see you are shocked and upset but I think you need to stop justifying and rationalising this in view of the fact every single poster disagrees with you! How do you know what effect your consistent late payments have on this business?

If you are going to throw yourself at their feet and try and get this place back you might need to think about some humble pie...not whining about how mean they have been for deciding their business has no need for a constant and seemingly unrepentant late payer.

I requested a month ago to cut his days, so they were aware of it. I know we were wrong and we always kept informing then what was going on and when the payment was made. And now when we will be able to pay on time as of Sep, they terminated his place

I think you're probably not being entirely truthful and will have had some prior warning , in their fees policy, or verbally that this would be the cause of action if you repeatedly broke the contracted agreement

I don’t blame them at all. Do you pay your mortgage late?

If you requested to cut his days a month ago have you actually been taking him in less? Or as the old agreement? And if they didn't respond I can't understand why you wouldn't ask at pick up/drop off?

Tbf, the lines of communication with my DDs first nursery were so poor that I ended up not paying a penny for the entire 4 months that she was there simply because they never ever called me back when I was trying to make payment arrangements 🤷🏾‍♀️
They closed down not too long after and I can't say I was surprised at all.

The old arrangemnt is this month the last. As of Sep he would be 3 days and we could pay it but now terminated his place and I cannot bring him in and whole August was covered

Yes, we knew about their payments on 10th but we also kept communicating with them about our situation, so it was never a case we didn’t want to seek a solution. As I said it wasn’t every month we were late. Yes, my DH is a small business owner and yes he keeps chasing payments as well.

Just because you told them doesn't change the fact you paid late. You will have to find another place elsewhere and hope your new nursery doesn't speak to them or you may have difficulty finding a space.

But can they just terminate the place over the phone and refuse to take him in regardless the payment was made? Cannot do at least send me this in writing and send a payment confirmation they would make? They only became unresponsive

Have you taken him to nursery and they turned you away to your face or have they just emailed you?

They turned him away with my DH as they said they haven’t received the confirmation from accounts that payment was made. And all kicked off - I calles the bank, sent the confirmation payment and finally called them where over the phone they told me they decided to terminate his place and accounts didn’t notify them about the payment. I sent email to manager and accounts but no reply. When I talked to her on the phone it seemed they took decision already and were delaying with confirmation of my payment which they still haven’t made

Most invoices are in advance ie you get August invoice at end of July. Then a payment date a week or so into next month where all fees need paying by.

Because the money hasn’t shown up you’re not paying for time he’s done already but time he was going to do. Once the money shows up they will either reinstate his space or keep it as notice money for the end of contract. You should likely go to the nursery and ask to chat to the manager and see what can be sorted ASAP.

Sounds like they don’t want you back. As above they may keep August fees in lieu of a notice period, or they may refund you and cut you loose.

They are a private company and well within their rights to do this if you keep paying late.
Likely it says so on your contract too. You realise OP most clients never pay late? You're acting like it's normal behaviour!