Nursery charging us for not taking place

[Flumsymummy]

Hi, we put my dd down for nursery place and signed a form accepting a place to start in September paying a £80 deposit which was refundable against fees once you start. This was in December last year. We’ve had no contact from nursery at all since then even though a letter which accompanied the form said they’d get in touch to remind us about an intro day in June. The nursery contacted me on Monday by text message (absolutely the first contact since early December) saying they assumed we didn’t want our place as we hadn’t turned up and demanding a terms fees to be paid as we’d signed a contract saying we would pay a terms fees. I honestly hadn’t realised we actually had a place confirmed as they had not been in touch. I do not need the place now as our childcare needs have changed but had assumed I didn’t need to inform them as they had not contacted me.

I would expect the £80 non refundable deposit to cover us not starting and we should not have to pay the full fees. The nursery is also oversubscribed so the place will be filled.

You are legally liable for a terms notice. It doesn’t matter that your dc hasn’t started yet. The “ leave” means to not attend it’s irrelevant if they never attempted in the first place.

Since she didn’t actually start at nursery I would say the terms notice for leaving doesn’t actually apply, and pulling out of the place is what the deposit covered you for.

The lack of contact is really poor both sides tbh, you really should’ve called a while ago to check.

That’s exactly what I thought but they keep texting me telling me I owe them money. I’m glad we are not going there as it’s very unprofessional.

*attended to attempted

They should make their terms clear and unambiguous, and allow for the fact that people will possibly pay a deposit for more than one nursery.

What the form should say is that the nursery will contact the parent on [X] date to confirm they are accepting the place. Once the parent after that date confirms that they accepts the place, they are liable for the first terms fees and an invoice will be sent, and the deposit is refunded from the first terms' fees.

Yes, there is wrong on both sides here, but by far the biggest wrong is by the nursery, who is the business here, and has failed to make contact with their customer and has not behaved in a way you would expect a nursery to behave in telling the parent when the child will start and what the settling in processes are.

So what’s the deposit for? When would you ‘not take the place’? I didn’t know anything about when it started either as it’s a term time only nursery.

Sorry for my posts! I was trying to reply to comments above.

but they keep texting me telling me I owe them money.

Have you actually rang and spoke to them? I would ring and request to discuss the issue with the Manager in person if necessary. I am still failing to understand what they were expecting you to do on Monday if you turned up, were you just meant to fill in all the paperwork, meet the keyworker and leave your child with no settling in sessions?

I wouldn't ring and discuss anything with them. I'd block their texts and only contact them by email.

I'd block their texts and only contact them by email.

Actually this ^ is probably more sensible as then you have everything in writing.

Don’t ring them. Paper trails are important.

So what’s the deposit for? When would you ‘not take the place’? I didn’t know anything about when it started either as it’s a term time only nursery.

If you paid deposit 9months ago and then phoned to cancel place within a reasonable time before it starting then that's when the deposit rule would apply if imagine.

I would guess it started the first day of term if a term time nursery.

I agree btw that this is shoddy treatment but I'd be focusing my complaint around the fact they never contacted you at all. Agree with pp who say get everything in writing. If they genuinely wont have a problem filling the space they'll probs let you off but you really need to focus on their communication shortcomings rather than your own! Good luck op!

Do not pay it. Surely you won't be legally bound to pay them amymore money as you have paid a deposit and that is to cover this type of thing.

Agreed with easternedge - you would lose the £80 deposit if you’d called them up during the last 9 months and cancelled the place with more than a term’s notice. Otherwise, it’s the full term + deposit.

They have a duty to mitigate their loss. It's not reasonable to charge you a terms fees if they are oversubscribed and manage to fill your place. The restitution for a breach of contract is to put them back in the position they would have been had the breach not taken place. It's not compensatory.

I don’t understand how you assumed you didn’t have a place when you paid a deposit and signed a form stating it secured your place? The wording is very clear.

I would contact them by email and offer to settle it with them by paying for the amount of sessions your dd did not attend and the deposit.

While i still think they should have contacted you,
I think the only thing you could argue would be something like, you cannot leave if you haven't started?

It says may be liable for a terms fees so it’s not completely clear cut anyway.

I would ask them why they did not contact you to arrange the introduction day or to confirm the start date or times etc.

The deposit is to secure your childs place as nursery.