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  • FIRST POST
    • Juddy5
    • By Juddy5 28th Sep 17, 3:02 PM
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    Juddy5
    Nursery won't return deposit
    • #1
    • 28th Sep 17, 3:02 PM
    Nursery won't return deposit 28th Sep 17 at 3:02 PM
    Hi,
    my daughter started a nursery at the beginning of September but as she was struggling to settle we've decided to cancel the nursery giving them one month notice as required. She's registered at the nursery till end of October and I've paid till end of October.

    This is stated in our Terms and Conditions regarding deposit:
    The registration deposit paid at the time of starting XXX nursery is non-refundable if you do not take up your confirmed space. The registration deposit will be held throughout your child's time at XXX nursery and will be taken off the last invoice if your account is up to date and a month's written notice has been given.

    In the forms that we've completed is mentioned that intended leave date is July 2018.

    It the Term and conditons is also written the following about changes/leaving date:
    You must give a full calendar months' notice in writing if you wish to change, cancel or end our agreement including notifying us of your child's leaving date.

    The nursery is saying that I did not take up the confirmed space as I have written that I require the space till June 2018. But according to the terms the agreement can be ended anytime.
    There is nothing written about the fact that deposit refund is dependent on the lenght of a child's stay at nursery.

    Can you please advise if I'm entitled to the refund or is the nursery right?
    Thank you
    Please note the question is not about nursery settling in!
    Last edited by Juddy5; 02-10-2017 at 2:40 PM.
Page 1
    • alwaysskint96
    • By alwaysskint96 28th Sep 17, 5:04 PM
    • 875 Posts
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    alwaysskint96
    • #2
    • 28th Sep 17, 5:04 PM
    • #2
    • 28th Sep 17, 5:04 PM
    Not sure on that but surely you dont mean your child only started maybe 3 weeks ago? That wouldnt be very long to get them to settle really
    • meer53
    • By meer53 28th Sep 17, 5:13 PM
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    meer53
    • #3
    • 28th Sep 17, 5:13 PM
    • #3
    • 28th Sep 17, 5:13 PM
    I agree, she needs more time to settle in. I'd allow a couple of months at least. Whats to say she won't settle in a different one ?
    It reads to me that the deposit is only refunded at the end of the contract and deducted from the final invoice. The final invoice says to me that the child has stayed for the length of time they were booked in for.
    Last edited by meer53; 28-09-2017 at 5:16 PM.
    • pinkshoes
    • By pinkshoes 28th Sep 17, 9:08 PM
    • 15,252 Posts
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    pinkshoes
    • #4
    • 28th Sep 17, 9:08 PM
    • #4
    • 28th Sep 17, 9:08 PM
    If there is no minimum term written into the contract, then they cannot keep your deposit based on a clause that does not exist.

    Ask them to show you the bit in the contract about the minimum term. If they cannot, then ask them for the deposit refunded.

    It sounds to me like the deposit clause is ONLY for those who fail to take up a place.

    3 weeks is not long at all for a nursery. It took my twins a couple of months to settle in. One of them still has a strop and screams when I drop them off, but both are happy when I pick them up.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • sulphate
    • By sulphate 29th Sep 17, 10:39 AM
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    sulphate
    • #5
    • 29th Sep 17, 10:39 AM
    • #5
    • 29th Sep 17, 10:39 AM
    I agree that 3 weeks is not very long. What are your plans for childcare now? Presumably you need the childcare as you work. There is no guarantee she would settle at a different nursery, unless you feel that this nursery is not taking good enough care for whatever reason.
    • DoubleDoors
    • By DoubleDoors 29th Sep 17, 2:42 PM
    • 259 Posts
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    DoubleDoors
    • #6
    • 29th Sep 17, 2:42 PM
    • #6
    • 29th Sep 17, 2:42 PM
    If there is no minimum term written into the contract, then they cannot keep your deposit based on a clause that does not exist.

    Ask them to show you the bit in the contract about the minimum term. If they cannot, then ask them for the deposit refunded.
    Originally posted by pinkshoes
    ^^ That's probably your answer, OP.

    It's up to you whether you want to leave your sprog at the nursery or not. Some mums are quite happy to leave their upset child/ren at the nursery while they go and do something more important, others like you are not. Each to their own.
    • Fireflyaway
    • By Fireflyaway 29th Sep 17, 5:13 PM
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    Fireflyaway
    • #7
    • 29th Sep 17, 5:13 PM
    • #7
    • 29th Sep 17, 5:13 PM
    If the notice is 4 weeks how long did you stay as a customer? If you left prior to 4 weeks I guess you failed to give them the correct notice.
    • cjdavies
    • By cjdavies 29th Sep 17, 6:44 PM
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    cjdavies
    • #8
    • 29th Sep 17, 6:44 PM
    • #8
    • 29th Sep 17, 6:44 PM
    ^^ That's probably your answer, OP.

    It's up to you whether you want to leave your sprog at the nursery or not. Some mums are quite happy to leave their upset child/ren at the nursery while they go and do something more important, others like you are not. Each to their own.
    Originally posted by DoubleDoors
    Or the child is upset being dropped just like school and are happy after 5 minutes.

    What do you do with school and they are upset, not bother with school?

    Phone work "Not coming not today, child is upset and won't gonto school".
    • thecoffeehouse204
    • By thecoffeehouse204 29th Sep 17, 7:02 PM
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    thecoffeehouse204
    • #9
    • 29th Sep 17, 7:02 PM
    • #9
    • 29th Sep 17, 7:02 PM
    Did you give 4 weeks notice and then pay for those 4 weeks? My daughters nursery had the same clause but it was on the understanding that it was to cover for any loss of earnings if you just took your child out one day and never came back. The four weeks notice is meant to be so they can fill the space without losing any income.
    • Bluebell1000
    • By Bluebell1000 29th Sep 17, 9:20 PM
    • 654 Posts
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    Bluebell1000
    Agree with the other posters, it wasn't completely clear if you will still be using then for the ext month (until notice expires) or if you have left earlier than the 4 weeks. If you are still using the nursery through the 4 week notice period, and paying, then it sounds like you ought to get the deposit back.

    I think we ended up using a nursery for 4 months for our boys, but it just wasn't right for them. Trust yourself, if it's not the right setting for your child, it's better to move somewhere else. As soon as they moved settings, they loved going to their new childminder (and the older one started preschool at the same time). It was definitely the right choice for our boys.
    • -taff
    • By -taff 30th Sep 17, 2:58 AM
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    -taff
    If they ony started in september, this weel ending nowwould have been their fourth week there, so you would have had to have given 4 weeks notice the day they started
    You obviously didn't so now you have to wait your four weks notice before you get your refund.

    Ad that's if there is no minimum period mentioned in the contract.
    • DoubleDoors
    • By DoubleDoors 30th Sep 17, 11:33 AM
    • 259 Posts
    • 460 Thanks
    DoubleDoors
    Phone work "Not coming not today, child is upset and won't gonto school".
    Originally posted by cjdavies
    Not unheard of..

    One colleague of ours actually phoned in one morning and said the children had refused to go to playschool so she'd be coming in later that day.

    I mean?? A child of kindergarten age refuses to go to school? Stupid woman. If she can't control them at that age heaven help her when they're teenagers!
    Last edited by MSE ForumTeam5; 30-09-2017 at 12:25 PM. Reason: Language
    • pearl123
    • By pearl123 1st Oct 17, 9:57 AM
    • 1,194 Posts
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    pearl123
    Just keep on at them till they get fed up!
    • Juddy5
    • By Juddy5 2nd Oct 17, 2:30 PM
    • 2 Posts
    • 0 Thanks
    Juddy5
    Thank you for your reply.
    In the forms that we've completed is mentioned that intended leave date is July 2018. Do you think this effects getting the refund?
    It the Term and conditons is also written the following about changes/leaving date:
    You must give a full calendar months' notice in writing if you wish to change, cancel or end our agreement including notifying us of your child's leaving date.
    The nursery is saying that I did not take up the confirmed space as I have written that I require the space till June 2018. But according to the terms the agreement can be ended anytime.
    Is the nursery right?
    • Comms69
    • By Comms69 2nd Oct 17, 5:22 PM
    • 516 Posts
    • 382 Thanks
    Comms69
    Thank you for your reply.
    In the forms that we've completed is mentioned that intended leave date is July 2018. Do you think this effects getting the refund?
    It the Term and conditons is also written the following about changes/leaving date:
    You must give a full calendar months' notice in writing if you wish to change, cancel or end our agreement including notifying us of your child's leaving date.
    The nursery is saying that I did not take up the confirmed space as I have written that I require the space till June 2018. But according to the terms the agreement can be ended anytime.
    Is the nursery right?
    Originally posted by Juddy5
    No, clearly not. But the only way you're going to get the money is via the courts
    • maman
    • By maman 2nd Oct 17, 6:38 PM
    • 16,882 Posts
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    maman
    I can see that the Ts & Cs could be interpreted either way. What matters is if the nursery is refusing it may cost you more to fight it than the deposit. I've never used them myself but might be worth investigating the small claims court.
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