Non-refundable deposit to nursery

LHW83

Hi, I’d like some advice if anyone can help. We signed our daughter up to a local nursery to start in June 2020 (signed up in June2019 due to the competitiveness for places where we live). We paid £1000 to secure her place which was noted as non-refundable if we didn’t take up the place. Our circumstances have now changed in that my husband has been offered a job outside of the UK so we are moving from London in the coming weeks. I contacted the nursery in Jan to let them know and ask if they would consider refunding part of the deposit but they’ve said no. I appreciate they are a business but keeping the full £1000 seems excessive and unreasonable considering they will have no issue filling her spot as they’re waiting list is so long! They have turned away a few friends from even putting their name on the waiting list. Is it worth pursuing or am I wasting my time? Thank you in advance. 

DoaM

Saying a deposit is non-refundable in T&Cs doesn't necessarily make it so. Check out the Unfair Contract Terms / Consumer Protection regs online.

pinkshoes

No, they cannot keep the £1000 unless at this “short” notice they would be unable to find another child to fill the place.

obviously that will not be the case...

they can can deduct a suitable admin fee to cover costs.

I would put this in writing and see what they say. State a place is no longer required due to relocation, so please could they refund the deposit less any reasonable admin fees with 14 days. Give your bank details to refund to.

£30 to £60 would perhaps be a reasonable admin fee. A person to log into their banking and do the refund, and to contact the person(s) on the waiting list until someone else takes the place.

LHW83

@pinkshoes I have written to them and they’ve just emailed back to say they will be keeping the deposit as per their T&Cs. I understand them keeping part of the deposit but I think £1000 is just excessive especially given that our circumstances have changed beyond our control (we’re moving country, it’s not that we’ve just changed our mind about the nursery). I was hoping they’d take a more pragmatic approach in this instance since they will fill the space no problem. 

Aylesbury_Duck

Issue them with a LBA saying you expect a refund of the majority of the money (e.g. £900) and if they don't agree, you will commence small claims proceedings.  The fact you've suggested a reasonable deduction should play well in court if it gets that far.

Advice for the future, though: Don't sign up to terms you can't accept if circumstances change.  Whilst the nursery has imposed an unfair term, the time to dispute it was before you signed.

p00hsticks

LHW83 said:

I appreciate they are a business but keeping the full £1000 seems excessive and unreasonable considering they will have no issue filling her spot as they’re waiting list is so long! They have turned away a few friends from even putting their name on the waiting list.

Could you not then try asking the nursery if they will change the details for the place you have reserved (a small admin fee might be appropriate ) and then sell the place on to one of these friends for the £1000 deposit?

LHW83

Yes lesson well and truly learned @Aylesbury_Duck. I just feel you’re at the mercy of nurseries here as you have to put your name down so far in advance to secure a place and I knew I needed to go back to work without any family around as back up. I do completely get they’re a business though and was happy to forfeit a reasonable amount of money. 

LHW83

@p00hsticks unfortunately that wouldn’t be possible or ethical I guess, as they have a waiting list of people 

bris

Sue for the whole £1000, its then for them to justify any deductions so don't offer them anything. This is of course if they really can fill the space, if so then they will lose.

Pollycat

LHW83 said:

@p00hsticks unfortunately that wouldn’t be possible or ethical I guess, as they have a waiting list of people 

Then they need to justify the retention of the full deposit.
And they can't.

Aylesbury_Duck

I agree with others if they have a waiting list. They will lose nothing.