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Nursrey retaining deposit - can they do this?

Hi folks,

I withdrew my son from nursery giving appropriate notice in because I'm on maternity leave. I was due to get a £150 deposit refunded however, I since put in an application for a place for him to go back to the nursery in a years time.

After 3 months of chasing the refund I have now been told that the money is being retained as a deposit against next years application. I've had no letter confiming that I have a secured place. The manager is ignoring my calls and emails. I had no intention to pay a deposit a year in advance and want my deposit back, I need it for christmas! The Ts&Cs say that if you cancel an application you wont get the deposit refunded, but is it right that the nursery can keep my money when I never said they could use this money as a deposit for next year? Can the refuse to refund me? Any thoughts or advice on my rights would really be appreciated
thankyou!
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Comments

  • http://forums.moneysavingexpert.com/showpost.php?p=42873192&postcount=16

    Nope! but they can make a deduction from it for costs they have legitimately incurred as a result.
    Thinking critically since 1996....
  • Ah interesting, so no-one is allowed to retain a deposit for more that the costs they have legitimately incurred. This will be a good argument to use if i can ever get hold of the elusive manager
    however, in my case, I never even agreed that the money could be used as a deposit at all!
  • The easy bit is the law, the hard bit is getting them to comply with it!!
    Thinking critically since 1996....
  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If you get your deposit back, do you still expect them to hold a place for your child next year?

    I would say you can't have a deposit and a place secured. The deposit holds the place, however far in the future that is.
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    But OP says no place is yet secured/confirmed for next year.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How much are we talking about here.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    See the 2nd sentence of the OP. ;)
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bod1467 wrote: »
    See the 2nd sentence of the OP. ;)

    :o sorry.......................
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    bod1467 wrote: »
    But OP says no place is yet secured/confirmed for next year.
    I would hazard a guess that a secured/confirmed place for next year would be much less likely if the OP does get the deposit back!! Sour grapes on the nurseries part maybe?!
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Does the OP want to send her child to a nursery that unlawfully holds on her money?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
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