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Urgent!! Advice needed re pulling daughter from nursery

7 replies

jasperc163 · 01/04/2008 12:27

I found out yesterday that nursery's funding for 3+ is going to be revoked due to embezzllent. This coiincided with publication of appalling 'inadequate' osted report yesterday (DD has been there 3 months and i've had my concerns but i had no idea it was like this). I have been lucky to find somewhere else today (as by next week i imagine everywhere else will be full) that i am happy with and that can take DD immediately (i start a new job next week!).

Problems is that the contract states 2 months notice in lieu. There is also a deposit which i would of course forefit, thats fine. We are paid up til yesterday and she is due in on thursday but obviously wont be going.

What is my legal situation re the 2 months notice given the circs? I cant send DD back there knowing what i know but obviously i dont really want to get chased by baliffs for 2 months rent?

anyone help???
thanks

OP posts:
CarGirl · 01/04/2008 12:32

well I think legally you have to still pay the 2 months but if everyone is going to try and place their chid elsewhere and the nursery is going to faces charges of embezzlement then there is the possibility that it will go bankrupt and you may never be chased for the money.

avenanap · 01/04/2008 12:34

They shouldn't chase you for this. Just send them a letter saying that due to the illegal activities and the recient ofsted report you no longer have trust and faith in them to care for your child. You consider the contract that you have with them to be frustrated and as such you are removing your child from the nursery immediately. Due to the frustration of the contract you are not required to give them notice. Someone may be along later with better advice though.

jasperc163 · 01/04/2008 14:30

thanks have told them over phone and following up by fax. Just have to keep fingers crossed!

OP posts:
claricebeansmum · 01/04/2008 14:34

I think that you'll be fine. They are going to have more like you no doubt...

clumsymum · 01/04/2008 14:38

My response if they chased for payment would be
"actually, your company are in breach of contract first, having indulged in illegal activities, and failed an ofsted inspection."

I don't think they will have the time or money to chase you.

They'll probably shut up in a couple of months anyway

Miggsie · 01/04/2008 14:42

I agree, they have broken their side of the contract by failing to pass nursery funding through to the benefit of your child.
Close your direct debit if you do one.
Also include the "phrase "last and final offer" explaining that you will pay up to the date your child exits. If they accept that payment they are not entitled to chase you for further payment.
Also, I would say 2 months fees to take your daughter out of a nursery counts as unfair contract terms. If you pay monthly it should only be a month.
Cite unfair contract, illegal activities, failure in duty of care and just don't pay.

jasperc163 · 01/04/2008 14:46

We paid a month in advance so technically were paid up to yesterday (the last day she was there). They also got to keep our deposit (£105). Have stopped direct debit. But bottom line is i know we signed the contract. However i had no plans to remove her until all this came to light and i dont think i have much choice - so i can hardly give 2 months notice!
I spoke to the nursery manager on the phone and she didnt mention money so neither did i. However she said she will send my fax to head office so obviously its up to them.

thanks everyone

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