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Nurseries

Find nursery advice from other Mumsnetters on our Nursery forum. For more guidance on early years development, sign up for Mumsnet Ages & Stages emails.

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Original poster

Problem with nursery - advise needed

115 replies

Ptica · 21/08/2018 22:45

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?

OP posts:

Are your children’s vaccines up to date?

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RandomMess · 22/08/2018 08:23

If it isn't in your contract and you have nothing in writing I would go to CAB or check your house insurance to see if it covers legal advice.

It does sound like they may be in breach of contract.

I would write and send signed for delivery a letter stating that in your contract it only says about late payment fee and you are taking legal advice as they are in breach of contract and you will be seeking a refund of fees plus loss of earnings.

I suspect when the give the 30 hours care they lose out financially so have given his place to a younger child...

User878929333 · 22/08/2018 08:43

So it’s just over a week’s fees they are holding, being as we are now on 22nd August? How long have they been “unresponsive”? What was their final communication in writing?

I suspect they are seeking advice/legal confirmation on witholding the money in lieu of notice for breach of contract.

They will have a long waiting list of people seeking full time places, who don’t have a history of bad paying. They are basically giving you 20 days free childcare each month with no guarantee you’ll pay. You’re a liability and most businesses would do the same. Doesn’t your husband refuse to supply bad payers if they do it more than once?

Namechangeforthiscancershit · 22/08/2018 08:46

I don’t think there will be a breach of contract. OP has quoted from one specific part of the contract and not commented on the notice or termination provisions.

If there are no other childcare options (waiting lists everywhere it sounds like) then making a claim for one week of fees rather than trying to be conciliatory and get a space back seems to be counter productive to say the least. If nothing else, the claim will take months to get anywhere, if it ever does.

Original poster

Ptica · 22/08/2018 09:18

I tried to call them this morning several times but the manager is not available. I sent again emails to accounts and the manager but no response. Now I am out of pocket over £1000 and with no childcare. I have to stay home today and trying to call nurseries around. I know I was late but I am trying to resolve it. It doesn’t help they are not responding at all

OP posts:

Fattymcfaterson · 22/08/2018 09:37

But surely you're not out of pocket over £1000, as you've already received the majority of the childcare for August? So you'd only be owed back maybe £200/250?
It sucks OP, but I think you're going to have to chalk this one up to experience and in future pay your bills on time!

trinitybleu · 22/08/2018 09:50

Really you should have been paying August's fees from July salary.

FatCow2018 · 22/08/2018 09:55

But surely you're not out of pocket over £1000, as you've already received the majority of the childcare for August? So you'd only be owed back maybe £200/250?
It sucks OP,

Absolutely this. You have taken the piss by paying late for months. They have cancelled your place. You have absolutely no grounds for complaint and I am suprised you would even think of it. Have you got no shame?! Apalling.

Namechangeforthiscancershit · 22/08/2018 09:57

Have you got no shame?!

I think we’ve established that!

GinAfterBedtime · 22/08/2018 09:57

You have to pay for childcare. They don't owe you free childcare and it sounds like you've been an absolute pain and cf.

User878929333 · 22/08/2018 10:00

Did you have to pay a period of fees in advance when you started? If not, then presumably they are already offering up to ten days ‘credit’ if payment terms are 10th August. Then you are receiving an additional ten days childcare for which you have not paid, if you pay on 20th.

So they are holding around 8 days of fees? That isn’t £1000.

You will be in breach of contract so I would expect them to keep it. However they should explain that. Does the contract say how much the late fee is?

I am certain a claim against them for loss of earnings would go nowhere as you hadn’t paid the fees on time on multiple occasions.

Original poster

Ptica · 22/08/2018 10:02

But clearly they have to follow the procedures and notify me about their final decision and outsanding fees for August they have to pay me back. They are not responding to my communication at all. I know I was wrong but clearly they cannot ignore me.

OP posts:

Namechangeforthiscancershit · 22/08/2018 10:07

You breached the contract. Not them. So what procedures do you want them to follow?

SD1978 · 22/08/2018 10:09

Have you confirmed that they have received the payment yet? Whilst that one day you weren't permitted to take him, have you tried to take him again? Or spoke to them again? If you've paid, you will be able to attend for the last week of August, you won't get a refund, but youve brought this situation on yourself. Your husband is a small business owner- I assume that you have similar situations where when people don't pay on time, the business then he debts to try and cover. You need to get bit only first months, but second months fees together to avoid this. The situation is entirely your fault and your husbands.

FatCow2018 · 22/08/2018 10:09

No, the don't have to pay you back. They can keep the 2 weeks outstanding as lieu of notice given that you have royally taken the piss and they have had to terminate. I imagine if they had applied late fees every time you were late you would be in arrears so I'd consider yourself lucky.

QforCucumber · 22/08/2018 10:10

what does the contract state about termination?

JulianOfNorwich · 22/08/2018 10:10

If the nursery has terminated your contract with no notice, then yes, I would agree they should repay you the balance of unused days for August.
However, the main issue is that you have no childcare now. You will be unlikely to find a carer/ setting who can be as flexible as you would like about payment. Your DP will have to work at night until you have saved enough to pay any future childcare a month in advance. If you are paid on the 20th, you need to set aside from that to pay the NEXT months fees, not the fees that were due 10 days previously.
So yes you are entitled to a small refund- not the whole month- but you have treated the nursery with disdain so they are not going to put themselves out for you. Save up, move on, and do things properly with your next provider.

User878929333 · 22/08/2018 10:12

Did this only happen yesterday? They are probably seeking advice, trying to get hold of management, their lawyer, whoever so they can give a watertight written reply. Especially as it’s the holidays it may take a few days for further response. Ask them in writing for a copy of the policies regarding late fees, and termination of contract. After that you have those you can have another conversation. I would drop trying to get the place reinstated as they don’t want your business.

In these circumstances I wouldn’t expect a refund. Your actions have effectively forced their hand and they have to fill a place without notice.

FatCow2018 · 22/08/2018 10:13

Oh and OP, 30 hours is not guaranteed and where it is offered, its 30 hours term time. If you spread it throughout the year its something like 21/22. The only settings near me that offer it have to change fees for lunch and other bits so they can afford to stay open so don't count on it being a lot cheaper.

LadyPenelope68 · 22/08/2018 10:18

You’ve breached the contract on a regular basis, so this is not simply a case of a late payment this month. You are in breach of contract so they can, and obviously have, withdrawn the place. You are in the wrong and there’s nothing you can do about it. The situation you are in is all your fault, the Nursery have done nothing wrong.

scrumplepaper · 22/08/2018 10:19

You already got 10 extra days every month to pay that month's bill and you took the absolute piss clean out of them and paid later than that.

In the last 6 months how many times have you paid late?

LadyPenelope68 · 22/08/2018 10:19

And as a previous poster has said, they do t owe you a full refund only part, and are legally obliged to keep this as lieu of notice should they wish to do so.

DragonMamma · 22/08/2018 10:32

I stumbled across this post and I’m aghast at what a CF the OP is and the level of indignation coming from her.

I wouldn’t have the brass neck to turn up there every day with my DC knowing I hadn’t paid.

scrumplepaper · 22/08/2018 10:37

If you get paid on 20th, why didn't you pay them on 20th, why didn't you pay until 21st? Also why weren't you paying a month in advance, that's more usual? So August due by 1st August for that month, Sept due 1 Sept etc?

scrumplepaper · 22/08/2018 10:38

Also, did you do a faster payment, which shows the same day, or was it a bacs transfer which takes 3/4 days to show?

Original poster

Ptica · 22/08/2018 10:48

I paid the fast payment. They told me I should wait for communication from the main HO. The nursery was bought out recently, so I am not sure who is in charge now. I wasn’t able to go to work today and until I find a care for him. I understand they are running a business but what about child wellbeing? We have been there for almost 2 years, always kept communication open and it is harsh to leave us suddenly with no care and no notice and ignore our communication even the payment was made

OP posts:

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