Nursery Fees

MrsF34

Hi,

My two sons attend a private nursery two days a week at £715 a month. They have been there over a year now. The debit always comes from my husbands account. On Tuesday I happened to be home when the nursery owner called looking for him. I explained he wasn't in and asked if I could help. She went on to say he had not paid 5.5 months of fees totalling £3900. I was completely unaware by this. I asked why I had not been informed and got the reply that my husband had been dealing with it which clearly he wasn't. I then asked why they as a business had allowed it to drag on. She got annoyed at me and said they had been taking his word that payment was coming.

We get to today and he has apparently agreed to a payment plan for that sum. They sent me the agreement and I asked why my name was on it when they said it was his responsibility. They are now saying that if he misses a payment then it becomes a joint debt that will go to the debt collection company. Surely if they are saying its joint I had a right to be informed from the beginning especially after he missed the first month then the second. I'd have never have let it drag on like this. This is making me ill that I now have a £4K debt which I never knew was building. Did I have a right to know?

cono1717

Wow. I guess firstly some stern conversations with your husband are due.

Secondly, unless you agreed to be a guarantor or co-signed the original contract then they cannot hold you to a debt. The debt lies with the debtor in this case (unless the contract states otherwise) your husband.

Based on your second post then the contract will state that you are jointly responsible for it so its not unusual they'd assign you to the payment plan. The fact it came from your husbands account matters little to them. You both agreed to pay X amount per month and as far as the contract is concerned you both did not do this.

MrsF34

I meant to add it becomes a joint debt as I had signed my children's contracts as well as my husband.

MrsF34

I think I'm angry now because they never once told me despite me being there twice a week every week.

My husband is a whole other story!

cono1717

I've updated my original post based on your second response.

MrsF34

Ok thank you.

I just can't believe they wouldn't tell the other debt holder that this much debt was building especially when they saw me regularly and especially when it was obvious that my husband despite his stories to them was not paying any time soon.

lincroft1710

They are seeking to make a contract with you so that you are both jointly and severally liable, rather than just your husband. So if payment is not forthcoming they can pursue either one of you for the debt.

If you don't agree to this they may refuse to accept your children.

bris

To be fair they were actuallt pursueing this with your husband. There is a very good chance they would have believed you would have know this all along, it's unfair to hold them to blame because your husband didn't tell you..

theonlywayisup

OP what are you hoping to gain here?

There is now a plan drawn up to help pay the arrears.

LilElvis

MrsF34 wrote: »

Ok thank you.

I just can't believe they wouldn't tell the other debt holder that this much debt was building especially when they saw me regularly and especially when it was obvious that my husband despite his stories to them was not paying any time soon.

I'm sorry you are upset but you don't appear to know what stories/reasons your husband has been giving them to explain the lack of payment. At least be grateful that they have continued to provide their services rather than telling you to find alternative care for your children.

This might be the tip of the iceberg. If I was in your position I would be checking that all other financial commitments have been honoured - mortgage, council tax, utilities, insurance, credit cards, loans. Missing a single payment is an oversight, but failing to pay for this many months is likely indicative of deeper financial issues and I would be surprised if this is the only company your husband has been stringing along with promises.

lush_walrus

You are angry that the nursery have tried to be reasonable and understanding with your husband and have taken his word? They have then allowed 2 children who have not been paid for since they started to stay rather than simply ban you from the nursery and you still complain? Your issue is the husband not the nursery, our nursery the accounts are dealt with the office the other staff would not be aware if we did or didn't pay.

You obviously need to deal with your husband and find a way to pay the nursery and I would recommend thanking them for being so understanding of a family who have used their service without paying for it.