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Hi,

im having problem with the nursery that looks after my daughter, the reason ive posted here is because i wasnt sure where it should go.


I pay between £190 - £220 pounds a week for them to look after my daughter from 7.30am - 6.00pm mon - fri.

Ive been off sick so hadnt paid them for a few weeks, but organised with the nursery to pay £250 a week untill the arrears were paid, as the fees have just dropped to around £200 per week....

Today i have had a snotty letter from the board of trustees demanding over £700 before 5th november (after ive already agreed to pay the £250 and had it okayed with the nursery) or they will cease care for my DD on that date...


But they are charging me for days where my DD wasnt even at nursery! ive always paid for the days she hasnt been there although there is absolutey nothing in any documentation that says i have to pay for those days....

Most of the time i was off sick she was home with me!

Nursery Fees.
We ask parents to ensure that all nursery fees are paid promptly. There is a facility
available to allow parents to pay by standing order, please speak to Kate in the office.
Fees are calculated and divided equally between the contracted months, a discount is
allowed for your holiday period, if fees are late the nursery reserves the right to charge a
10% surcharge on late or overdue fees.

This is taken from there parent pack on the website!

I have signed nothing that says i agree to pay for the days she is not in their care, i also dont think 7 days is legally the right amount of notice required to terminate a 12 month contract whilst still in its term!

Any ideas where i stand on this, im not paying them for the days she isnt at nursery and i will also be snottily demanding that money back... in response to this!

If they terminate the contract ill lose my job!

Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
Sea
led pot challenge 4 - 332
Make £11k in 2011 £0/£11000 - 0%
And lots of other challenges!
«13

Comments

  • apples1
    apples1 Posts: 1,180 Forumite
    edited 28 October 2009 at 7:55PM
    Sorry to hear you have been unwell.

    Re the nursery - surely you have to pay whether you send her or not. If she has a full time place then you pay for a full time place. They can't just let you off paying because you decided to keep her home with you. They could not have filled the place with another paying child so they would lose out financially if you didn't pay.

    If you only have a part time place (like 3 days per week for example) then you would only pay for those days as the nursery will have arranged this and probably have another child the other two to make up a full place.

    Nurseries have strict adult/child ratios so they will employ and pay wages to a correct number of staff to look after the number of children booked in for a given day.

    If you are not paid by your employer when you are off sick this is a hard expense of being a working parent and something us parents have to take into account when deciding whether to work and/or what job to have and/or what hours to do etc. If you are paid then you just have to keep paying the nursery from your sick pay. I hope you are better soon especially as it must be difficult looking after your daughter on your own all day if you are not well enough to work. Looking after children is harder work than going to work most of the time!
    MTC NMP Membership #62 - made it back to size 12 after my children & I'm staying here!
  • flea72
    flea72 Posts: 5,392 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    of course they will charge for days she is supposed to be there, but you have kept her at home - their T&C state that the only days you are not charged for are your holiday period, so how many days holiday have you taken/given them notice of

    unfortunately, this is a business and not a charity, you owe them money, and they are trying to recover it

    i dont understand why they want £700 - as you are billed monthly, and your fees are £800/m - im taking it you havent paid for any of October, and they are chasing you for late payment of this, ie if not paid by start of november, your daughter cant attend next month?

    there is no such things as legal notice period, if you dont pay, they can stop accepting your child, simple as - it might just be a bluff to get you to pay up quickly, but do you wanna take that chance?
  • laurenjs88
    laurenjs88 Posts: 1,326 Forumite
    apples1 wrote: »
    Sorry to hear you hav ebeen unwell.

    Re the nursery - surely you have to pay whether you send her or not. If she has a full time place then you pay for a full time place. They can't just let you off paying because you decided to keep her home with you. They could not have filled the place with another paying child so they would lose out financially if you didn't pay.

    but surely then that is something they should make clear in a contract! any other business would? :confused:

    ive not been told verbally or had anything written that i should pay them when i have my daughter at home...

    why should i have to pay for a service im not using just because they havent got clear contracts?
    Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
    My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
    Sea
    led pot challenge 4 - 332
    Make £11k in 2011 £0/£11000 - 0%
    And lots of other challenges!
  • laurenjs88
    laurenjs88 Posts: 1,326 Forumite
    flea72 wrote: »
    of course they will charge for days she is supposed to be there, but you have kept her at home - their T&C state that the only days you are not charged for are your holiday period, so how many days holiday have you taken/given them notice of

    unfortunately, this is a business and not a charity, you owe them money, and they are trying to recover it

    They are a charity...

    but it doesnt say that, it says you get a discount for holiday... its says nothing to do with paying for the time you are not there or when your child is off sick..
    Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
    My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
    Sea
    led pot challenge 4 - 332
    Make £11k in 2011 £0/£11000 - 0%
    And lots of other challenges!
  • apples1
    apples1 Posts: 1,180 Forumite
    edited 28 October 2009 at 8:16PM
    laurenjs88 wrote: »
    why should i have to pay for a service im not using just because they havent got clear contracts?

    Because you have booked her a full time place Mon - Fri 7.30am-6pm! It's not a drop in centre where you pay only if you come. You have contracted to have that place and they have contracted to provide it. If they didn't keep their side of the deal when you were off to work it wouldn't be great would it?

    You clearly have a very full time job - do you not get paid when you are off sick? Or were you hoping that you could make a bit out of the situation and be paid, be home and therefore you hoped to keep the sick pay and the nursey fees?

    You obviously ackowledged that you did owe them the money as you say you have made an arrangement to pay the shortfall back over a set time. What does seem hard is that if you and they agreed this (and if you kept strictly to the agreed repayment terms) that they are now changing their mind and asking for it all in one go. I am sure if you have kept to the agreed terms and you explain the situation to them (assuming you were not paid by your employers whilst you were off sick and therefore are struggling financially due to your illness) that you could agree a repayment plan as you originally did.
    MTC NMP Membership #62 - made it back to size 12 after my children & I'm staying here!
  • laurenjs88
    laurenjs88 Posts: 1,326 Forumite
    i am not debating ive booked her in mon-fri,i am debating that i have not been informed that we need to pay for the time she isnt in nursery...

    all i am asking is, as i have not got it on a legally binding signed or verbal contract, it has never even been mentioned to us... why should i have to pay for a service 1. im not aware i have to & 2. i have never agreed too...
    Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
    My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
    Sea
    led pot challenge 4 - 332
    Make £11k in 2011 £0/£11000 - 0%
    And lots of other challenges!
  • laurenjs88
    laurenjs88 Posts: 1,326 Forumite
    and apples hehe yes i do acknowledge i owe them money, i owe them for the time she was there whilst i was off sick.. i would of happily carried on paying for the time she wasnt there also untill i recieved this letter.

    but if ive not got a contract that states anywhere, and whether they assume everybody is aware or not, i certianly wasnt.. they havent covered themselves.
    Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
    My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
    Sea
    led pot challenge 4 - 332
    Make £11k in 2011 £0/£11000 - 0%
    And lots of other challenges!
  • real1314
    real1314 Posts: 4,432 Forumite
    laurenjs88 wrote: »
    i am not debating ive booked her in mon-fri,i am debating that i have not been informed that we need to pay for the time she isnt in nursery...

    all i am asking is, as i have not got it on a legally binding signed or verbal contract, it has never even been mentioned to us... why should i have to pay for a service 1. im not aware i have to & 2. i have never agreed too...


    You've booked her for mon-fri. On a 12 month contract. End of.

    I've "booked" Sky TV, but I still have to pay when I don't have it on.:confused:
  • laurenjs88
    laurenjs88 Posts: 1,326 Forumite
    ive got a 12 month contractwith e-on i dont have to pay for the electric when it isnt on...
    Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
    My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
    Sea
    led pot challenge 4 - 332
    Make £11k in 2011 £0/£11000 - 0%
    And lots of other challenges!
  • apples1
    apples1 Posts: 1,180 Forumite
    I tried. I hope you get well soon.

    I've a sad feeling you do get paid when you are off sick and you are trying to make a bit out of the situation. If that's the case I think you'll find little support. I could go on and on with explanations and rationale but I think it's falling on deaf ears. I feel for the nursery who you are trying to take advantage of and I feel for your employer who is paying you when you are clearly well enough to keep your young child home all day but not well enough to go to work. But as long as you come out of it on top eh?

    I'm dropping out of this thread now. Get well soon.
    MTC NMP Membership #62 - made it back to size 12 after my children & I'm staying here!
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