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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?

Set a reminder

scrumplepaper · 22/08/2018 10:50

But you were almost 2 weeks late even of their grace period.

How many times have you been late in the last 6 months?

scrumplepaper · 22/08/2018 10:53

If you cared about the wellbeing of your own child that much, you would have paid them on time. It's really that simple. Clearly they weren't a priority for you.

I'm off to order heating oil - I won't use it all right away, but I have to pay up front. They deliver, I have 10 days to pay - I can't consistently order oil and pay late and expect them to keep delivering. (I will pay for the oil today when I order and they will deliver it tomorrow.) They wouldn't deliver me oil if I hadn't paid on time consistently - I'd have to find another oil company. And bleating about but it's cold and what about my wellbeing if I'm cold to them wouldn't get me anywhere, nor should it.

Original poster

Ptica · 22/08/2018 10:57

We were late 2 last months

OP posts:

scrumplepaper · 22/08/2018 10:58

And previous to that how often were you late? Is 10th the grace period, when do you get the bill?

LadyPenelope68 · 22/08/2018 11:08

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

I think that statement has to be the most CF comment I have ever seen in Mumsnet. I’m gobsmacked. YOU were late paying this month, YOU were late paying two previous months, YOU have no respect for the Nursery thinking it’s ok to pay late, YOU are responsible for the whole situation. Trying to say the Nursery has respobsibilitity for your child’s wellbeing because they have withdrawn the place because of YOUR actions is disgusting. They are well rid of YOU.

User878929333 · 22/08/2018 11:18

I see a lot of this thinking on here. Because it’s inconvenient to you and is now desperately urgent, it’s their fault. Their duty of care is to keep your child safe, under the terms of a contracted service you pay for. They have done this, he is safe and well. You have not paid according to the terms.

They have met their obligations in the relationship. You haven’t. What’s hard to understand here?

Original poster

Ptica · 22/08/2018 11:39

They nevet told me his place will be terminated. Only said this month until the payment is made his care would be suspended. It was for 2 days and after I made the payement and confirmed they said they never received, so I contacted the bank etc. Now they turned away my kid and ignoring my communication. As a business owner it cannot be right, can be?

OP posts:

QforCucumber · 22/08/2018 11:47

YES it can. If they pay their staff the 20th, or pay their rent on the 20th? Your £1000 may mean they have had to pay late too, if they have a waiting list of people willing to pay on time why do you think your needs trump theirs?

We get our bill on the first Monday of the month. I get paid the 25th of the month - August bill received 6th August - used JULYS wages to pay this, don't wait until the 25th August!

BestBeforeYesterday · 22/08/2018 11:54

4 pages of people telling you you're in the wrong and you've still got the cheek to say As a business owner it cannot be right, can be?

Original poster

Ptica · 22/08/2018 11:56

But suspension is not a termination? He never been suspended before

OP posts:

GinAfterBedtime · 22/08/2018 11:57

What is it that you don't understand op?

If you don't pay for a service, then the provider will withdraw it.

That is what has happened here.

LadyPenelope68 · 22/08/2018 11:59

Well they’ve clearly now had enough and have quite rightly terminated your contract, surprised they haven’t done it sooner. There’s 4 pages of people telling you that you’re a CF and totally in the wrong, yet you’re still banging in about the Nursery being at fault. Maybe get off Mumsnet and focus on your sons wellbeing by trying to find him a new nursery place ....... oh and pay in time next time or you’ll find yourself in the and situation.

loveisland · 22/08/2018 12:03

Amazing how in your opening statement "my husband runs his own small business" as that semi justifies not paying on time? Wonder how a supermarket would take that excuse!

LadyPenelope68 · 22/08/2018 12:07

My husband runs a small business too and we’re struggling to pay the bills this month (possibly to the point of havinvto borrow money from family) because of cheeky, self centred idiots like you who don’t think they need to pay in time just because it’s not convenient. Don’t take up/use Services that you can’t pay for on time.

Pompom42 · 22/08/2018 12:14

This is not the nurseries fault. They are within their right to terminate the contract. You seem very entitled in the sense that you are entitled to pay late as you get your wages late. Your child is entitled to go there as you have paid the fees for August. You should have sorted this out long ago and not just keep assuming you can pay the fees late. They have to draw the line somewhere

PotteryLady · 22/08/2018 12:33

They probably won't pay you anything back they will keep it as it will be late fees you have incurred. Sorry but look for a new nursery and hope they don't get a reference from your old nursery.

HollywoodMontrose · 22/08/2018 12:45

Would your husband do further work for someone who hasn't paid the last bill?

I hope you get somewhere soon and hope that they refund the last week fees as your son has not attended the sessions.

QforCucumber · 22/08/2018 13:44

The fees are very high and my husband is a small business owner, so we often run late with the payments. I am confused as to why the fees being high and your husband owning a business mean that your fees are often (note, not sometimes) late?

Anotherdayanotherdollar · 22/08/2018 15:51

Are you sure the fees were only late twice? Because you say you "often" run late. I wouldn't consider twice in 2 years often. Although I also wouldn't consider it acceptable

HSMMaCM · 23/08/2018 10:22

If thy add up all your late fees, you probably owe them more than a week of money (which is your payment for the rest of August).

You absolutely should have not been paying late and they have decided to enforce the terms of your co tract. You're lucky they haven't added late fees.

CatLadyToddlerMother · 23/08/2018 15:56

My DDs Nursery expect payment by 5th of every month. The first time you pay late they send a reminder on 7th asking where money is, after that they reserve the right to terminate contract. The contract states that other payment dates can be arranged but these must be confirmed by the finance manager before the care is started and any problems with payments need to be discussed with FM, if your nursery has that clause they may be able to terminate without notice.

Seems they've given you chance after chance and you consistently pay late. I know my DDs Nursery wouldn't accept this, and they're a chain as well.

itsaboojum · 24/08/2018 14:24

The OP keeps suggesting that’s a business just can’t do this. But they absolutely can. There are also some posts that imply the nursery must follow some process that should be detailed in a written contract. That isn’t strictly true.

Termination of a contract (or, indeed, breach of contract for that matter) does not always depend on written contract terms. Think about it: it would be impossible to write into a contract every single circumstance that might trigger termination.

Contract law requires all parties to act reasonably at all times. So, for instance, the law takes it for granted that a service provider will exercise due care and deliver a reasonable standard of service. Similarly, the law takes it for granted that the customer/client will fulfil certain obligations, such as acceptable behaviour and paying when they are required to pay.

The OP has breached this legal code of reasonable behaviour, by her own admission on multiple occasions. The nursery is therefore entitled to care and/or terminate the contract without the usual notice period.

It’s also reasonable for the nursery to retain the monthly fee or deposit. The nature of the service is that involves advance booking so, when a client breaches the agreement, the nursery is likely to lose potential income through no fault of their own: they cannot simply fill the vacancy immediately. The nursery would be legally obliged to make an effort to mitigate the loss by trying to fill the vacancy ASAP. If they managed to do this within the month, then the op could be entitled to a partial refund of the fees paid.

itsaboojum · 24/08/2018 14:29

Sorry, typo.....

The end of my fourth paragraph should read, "....entitled to suspend care and/or terminate the contract...." etc.

YeTalkShiteHen · 24/08/2018 14:32

You can’t just pay late and expect there not to be consequences. Small businesses can be broken by late payments, if every parent paid late they wouldn’t be able to pay their staff or bills!

Find somewhere else and ffs get your finances together and pay on time!

ElinorOliphantIsCompletelyFine · 24/08/2018 14:42

2 years and I've never paid my nursery late. I found out just today that they didn't receive everything for this month, due to a mess up with tax free childcare and our Ch vouchers, so I emailed them straight away. I make sure the nursery is paid as soon as I get paid because they provide an extremely valuable service and my son loves the nursery. If we were consistently late, I would not blame them for terminating the contract.

And they don't owe you a grand, they possibly owe you about 200!

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