Nursery fee increase - no notice

SarahJK

I received an email the other day from our nursery's finance department saying that we owed them an additional £50. I emailed them back asking why and they told me that the fees had gone up from January.
I do receive invoices from them on a monthly basis (although I'll be honest don't tend to look at them as they're always for the same amount) however I haven't received any separate communication to state that the fees will be increased (which we did last year). The invoice was sent on the 18th December with fees due on the 1st of the month so they haven't even given us a month's notice of the increase.


Can anyone advise where I stand on this. It seems very unfair that they can just increase the fees with no formal notice?

pmduk

What does your contract say about price increases?

spadoosh

You need to contest the matter with them.

If they can it will be in the contract (which youve probably never seen).

SarahJK

I spoke to the nursery this morning after checking all the terms and conditions last night. The T&Cs state that "fees will be reviewed annually". Last year they sent an email out at the end of November to say that they were putting the fees up in January.


The manager is going to speak to the owners and let me know but is suggesting that we have to pay it. I pushed back and said that they can't expect people to just pay an increase without receiving notice. I'll see what they say again tonight.

BoGoF

So what are you going to do if they claim e-mails were sent - you did check your spam/junk folders?

Have you asked other parents if they were notified?

agrinnall

You might get away with delaying the increase by a month but eventually you're going to have to pay it or take your child away from the nursery. If they stand their ground and say it's due now, which is the bigger hassle to you, finding £50 or finding another nursery place?

unholyangel

The difficulty with situations such as this have been pointed out above.

Technically they shouldn't increase the price unless you are also given the opportunity to end the contract and escape the price increase without otherwise being worse off for having entered the contract.

But in reality, unless the nursery cave and voluntarily change their ways, you're limited to damages - courts usually won't force a party to perform a contract it doesn't want to perform, they just make the party in breach liable for the losses incurred by that breach.

The struggle for parents in this situation is knowing if they kick up a stink, their child might end up going to a nursery that isn't as good or they may even struggle to find another nursery placement at all for their child (especially mid-term).

SarahJK

@unholyangel Do you know where I could find some official documentation which states that?

@agrinall £50 might not seem like much but when you're paying £1400 for 3 days and struggling financially it is a lot.

@bogof yes I never delete emails and thoroughly checked everywhere. I also checked with other parents and they hadn't received it either.

As it happens there is a new nursery opening and we've been unhappy at this nursery for other reasons, this is an additional one!

spadoosh

SarahJK wrote: »

@unholyangel Do you know where I could find some official documentation which states that?

@agrinall £50 might not seem like much but when you're paying £1400 for 3 days and struggling financially it is a lot.

@bogof yes I never delete emails and thoroughly checked everywhere. I also checked with other parents and they hadn't received it either.

As it happens there is a new nursery opening and we've been unhappy at this nursery for other reasons, this is an additional one!

And theres your prodding stick.

Contact the other parents who will be equally as annoyed. Ask them to contact nursery to dispute or alternatively ask them if theyve forgot to set up the standing order this month? Might encourage them to backtrack a little.

And in the mean time find another nursery.

We took our daughter out of nursery on the monday and had her in a new one the following monday (shes only in two days though so only missed one and work was flexible).

Youre paying £1400 per month, you dont need to pay that for an unprofessional service. Plenty of professionals will be more than happy to tkae your money.

unholyangel

SarahJK wrote: »

@unholyangel Do you know where I could find some official documentation which states that?

Not officially from courts - consumer cases of this nature are usually for less than the small claim limit and CCJ's aren't publicised as they do not create a binding precedent, only a persuasive one.

However there is CMA's unfair term guidance (CMA took over from OFT).

Specifically, the sections titled:
binding consumers to hidden terms
Trader’s right to vary terms generally
Price variation clauses

SarahJK

Thank you @unholyangel this is really helpful.