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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

Nursery cancelled our place

34 replies

Sibby2019 · 03/08/2021 14:25

Need some advice!
I found a nursery for my two year old and viewed it in may. I originally asked for 3 full days and then changed it to 5 full days ( which they confirmed) before I paid the deposit of £300 which they said is non refundable. I am still yet to pay the advanced payment of £1638 which they said can be paid at the end of August for September 1st start.

Anyway they have just emailed me to say that I havnt confirmed the days and that my place is now lost. They said they can refund my deposit even though they originally said it was nonrefundable. Now I have less than a month to find a new nursery for 5 full days a week.
What are my rights regarding this? As I paid the deposit to secure her place and I don't think I'm going to find any nurseries in the same price range in less than a month. I really do want this nursery, what do I say to them?

OP posts:

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Ghosttile · 03/08/2021 14:29

’they said can be paid at the end of August for September 1st start.’

Do you have anything in writing?

SkyeIsPink · 03/08/2021 14:30

How did you confirm the days? If it was over the phone, unfortunately, that does not count. It should have been by email.

You can go back and ask them to reconsider but they don’t have an obligation and they might already have filled the spot.

Original poster

Sibby2019 · 03/08/2021 14:49

I have it confirmed in our emails. All of our correspondence has been via email.

OP posts:

Original poster

Sibby2019 · 03/08/2021 14:50

The £300 was to confirm the place and the £1638 is just an advanced payment of 6 weeks.

OP posts:

Datingandnoideahowto · 03/08/2021 14:51

What does your confirmation email say?

Original poster

Sibby2019 · 03/08/2021 14:53

So before I sent the deposit I asked them to confirm her attending 5 days a week and they did so I sent the deposit x

OP posts:

Datingandnoideahowto · 03/08/2021 14:54

Was there an additional form or something to be filled in to confirm the days?

FuckingFlumps · 03/08/2021 14:55

If you have proof in written form via an email that you've confirmed then I would be following up with a phone call to find out why they are now saying you have no place because you failed to confirm the days.

They cannot dispute it if you have the proof?

user1471523870 · 03/08/2021 15:00

That's odd. I would ask to speak with the manager and forward him/her all the emails exchanged.
It seems clearly a mistake their end and I would expect them to apologize and correct it immediately.

Ghosttile · 03/08/2021 15:03

That’s why they’re offering to refund your deposit. It’s tricky because if they’ve given away your DD’s place they can’t create an extra one (ratios) and you wouldn’t want your child cared for by people you’re in dispute with.

I’d try restating that you had already confirmed the days - quoting the email and their response to it and attaching copies. That you were told you could pay the full amount at the end of this month (again quoting email communication and attaching copies.) Lay it on thickly about how you were spent a lot of time researching childcare for your DD and you were so delighted to have found them. That their approach, values, the friendly atmosphere, seeing their staff interacting with DC (if you did) etc etc made you feel so much very certain that they were the right fit for you and your DD. That you were relying on your DD starting there on ?/09 and that, as they know, it is impossible to arrange alternative quality full-time nursery care on such short notice. Reiterate that you still want her to attend the nursery.

I’d trawl through any paperwork for terms and conditions.

Ghosttile · 03/08/2021 15:04

Ignore the random ‘so much’

senoritarita · 03/08/2021 15:10

Basically they messed up and now they cant accommodate your child because they're full

Rubbish! Hopefully you find an alternative nursery.

Terhou · 03/08/2021 15:10

@Sibby2019

I have it confirmed in our emails. All of our correspondence has been via email.

So forward the copy emails, point out that this was properly confirmed and ask them to confirm that the place remains available,

Original poster

Sibby2019 · 03/08/2021 15:29

Yea I'm gutted tbh, they are the best nursery in our area. I have already sent screen shots via email and called to speak to her personally but was told she isn't in today. Ive also signed up to a gym opposite which is on the pricey side (£75 a month) so I can go to the gym after dropping her off before uni. If she doesn't go there then I have a random gym that's going to be a nightmare to use around uni and being a single mum! :( What legal avenues do I have? I kind of want to sue if she doesn't have a place.

OP posts:

FuckingFlumps · 03/08/2021 15:35

I have already sent screen shots via email and called to speak to her personally but was told she isn't in today.

If you've done that all you can really do is wait to see what their response is tomorrow. It's likely they have made an error and hopefully they will work with you to resolve it so you can reach a solution where you're all happy.

Not much point in spending time and energy worrying about finding a new nursery or considering suing them until you know what's happening.

Antinerak · 03/08/2021 15:48

I think as a single mum at uni you probably don't want to be jumping to sue them. Either you've missed something or it's a simple mistake on their behalf but suing because you precious child didn't get a place at a nursery isn't going to happen

roses2 · 03/08/2021 15:51

Sounds like a mistake at their end. If it was your mistake they would not have offered to refund your deposit.

SephrinaX · 03/08/2021 15:54

I doubt you'll be able to sue them because you didn't get a place.

Maybe if they refused to give you back your deposit due to an error on their part, but they have given it back to you so I don't think there's anything you could sue them for.

TreeDice · 03/08/2021 15:54

Sorry this is so stressful for you. Hopefully it's just an admin mistake and they can confirm it back to you now you have sent them the evidence.

I'm not sure that jumping straight to legal action is smart. What outcome would you even be looking for from a Court?

misssunshine4040 · 03/08/2021 15:55

This is rubbish and I can imagine how frustrating this is for you.
I think you have dodged a bullet and wouldn't want my child being looked after by a nursery who said I had not confirmed my place when I had a cancelled like this.
You don't any reason to sue for breach of contract as remedy has been reached by you being put back to your pre contractual state re return of deposit.
Good luck finding somewhere else ASAP

AlternativePerspective · 03/08/2021 15:56

Agree it sounds like something their end but you won’t know that until you speak to them.

Forget about suing, it ain’t going to happen and you would end up paying out in legal fees and for what? You won’t get any money out of them, suing people is about financial loss, and as they’ve given you back your deposit you haven’t suffered one.

Zilla1 · 03/08/2021 16:25

Depending on their terms and conditions, a suit probably won't achieve anything but if they've made mistakes, it might be a lever to try and get them to confirm the place you want. Be polite and ask them to set out why they think the place is cancelled as you have paid the deposit and have made extensive plans based on their commitment.

Good luck.

PurpleMustang · 03/08/2021 16:37

Sounds like they have messed up. Ask them to resend the email that asked you to confirm the days ie whatever it is you apparently didn't do. They are trying to make it your error but it was all done by email so the proof is there if they are right.

Original poster

Sibby2019 · 03/08/2021 18:00

So I just received a call from the manager who said they have made a mistake. Luckily they have a spot but only until December where I would have to change nurseries. When I said sue I meant report to the ombudsman which is a free service. But yea thanks for the tips everyone ❤️

OP posts:

SephrinaX · 03/08/2021 18:13

I would just take the place if I were you. Never know, by December a place might open up and these types of place will always offer it to a child that's already in the nursery than a new person.

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