Asquith Nursery incorrect billing

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Please can anyone advise?
We have been having issues with Asquith nursery.
I used to pay my daughters nursery bill and was entitled to nursery vouchers. When I stopped working I informed the nursery and childcare voucher scheme and my partner started paying, this was by direct debit. After 4 months, Asquith told us that we hadnt paid enough as they hadnt taken the vouchers off our last 4 bills and that we owed them £800.
We therefore requested correct invoices to show this and for our records before we pay.
After 2 days we were shocked to receive a letter stating that due to non payment they have removed our daughter (who was not even 2 years old!!) from nursery and she can no longer attend. They then further billed us for the next months nursery fees ( because if a child leaves, the parent has to give a months notice)
We put this down to their error, as they did not invoice us correctly in the 1st place. We then had to waste time trying to find another suitable nursery for our daughter, which also caused her unnecessary upheaval and upset. On the plus side, she is now settled and happy after the initial upset.
We stated that we would happily pay the money if we owe it so please could they send correct invoices to show how much is owing and for when. We never said we wouldnt pay.
However we got nothing. I sent 2 more letters basically stating how the service has been bad etc etc and please send us invoices so we could pay, sent recorded and we heard nothing. I copied in the CEO. I also said in fact they owe us money for the non return of our deposit and I noticed they had overcharged us one month, and mentioned court if they dont rectify this.
Every letter also was to the incorrect name, variations of and all sorts of names, each time we asked them to correct it but each time they got it wrong with something else.
That was 5 months ago, and we heard no more until we now get a disgusting letter threatening court. (Again to the INCORRECT name spelling - a further variation not had before.......)
I telephoned again for invoices, the person wasnt there.
I am now tempted to start court unless we get invoices so we know what to pay (which wont happen) to a) protect ourselves and b) get our money back which they owe us.
We wont just stump up the £800 without proof, as they cant be trusted, however should they provide invoices showing this, then we will happily pay, as we have said
CAn I take them to court also for compensation for the distress (and as any mum will know with a 1year would it is distressing for them to be kicked out of nursery when its not their fault!!)
Thanks, any useful advice I will be so grateful, nothing antagonising please :-)

Comments

  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
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    Yes, you can claim compensation, provided you give the money to your daughter as it's her who's distressed, surely? ;)

    On a more serious (and sympathetic) note, you're absolutely right to not stump up payment without proof. How frustrating that you've had no response to your repeated requests for a detailed invoice.

    This is what I'd do... let them take me to court. I assume you've kept copies of all your letters? In which case, then go to court and explain to the judge the endless and ignored efforts you've made to resolve this. Make it clear that you're keen to see an end to this and that you're happy to pay once you're confident that the money is owed - a not unreasonable request given the administrative nightmare this has been. At this point you can ask for compensation. I'm not a fan of compo for 'emotional distress' but if it's something you feel strongly about this would be the time to make your case. Who knows? Perhaps the judge will rule in your favour, decide that no charges are outstanding and award you some compensation.

    And I wouldn't worry too much about your daughter having to go to a different nursery. Seems like a good thing to be honest.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • BitterAndTwisted
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    In order to persuade a court to award you compensation you will have to show evidence of what monetary losses you have suffered. What losses have you suffered to date? Actual, financial ones not time, effort or hurt feelings? Small claims court won't deal with your precious hurt feelings, I'm afraid.

    Also, I think it's pretty bad form to name the nursery on a public forum. Most especially when you have not settled this dispute yet as I'm assuming you would like to. If they read this thread hey could take the position that you have unfairly libelled them. The penalties for which are substantially greater than any hurt feelings or, anxiety or frustration this issue has caused you. Never assume that organisations have no money to pay fancy lawyers to protect their reputations: they do. Sometimes lots. A nursery has only its reputation to trade on.

    Write to them again, attach copies of all if your previous letters and ask them to supply the information that you have requested before. Keep doing it on a weekly basis and tell them that you are happy to pay if only they would give you an accurate accounting. Don't pay until they supply you with it.
  • daska
    daska Posts: 6,212 Forumite
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    And make sure you still have the recorded delivery details and all future letters are sent recorded delivery so that there is a record of them being received.
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  • AnnaLicious_2
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    I don't work for this nursery chain, nor have I ever worked for them. However, I do know the billing system they use.

    It should be very easy for them to log onto your account and print off copy invoices and a statement of account. You can then reconcile the statement of account (which shows all your payments) against what you believe you have paid.

    If you can access your childcare voucher information online, I would print out a statement of all your payroll deductions and subsequent payments to the nursery. Most of the larger companies will allow this online, smaller ones will email it to you on request.

    I will say, having done sales ledger work in a nursery setting, it is a nightmare dealing with childcare vouchers. You don't mention which company arranges your childcare vouchers, and I won't name names here as I have professional associations with some.

    Your nursery provider will have a central office that will receipt your childcare vouchers. These may come as a bundled payment for 20 - 200 parents at one time with no remittance advice to say who has paid. They will need to find out the details and receipt accordingly. They will then need to receipt in all the direct debits, STOs, cash and cheque payments. I don't know if this chain uses the automatic DD system to allocate payments or does them all manually.

    The central office will also run the sales invoices, which are dependant on the nursery managers keeping accurate information (booking patterns, extra sessions, parent and child data). If you have been marked as a 'leaver' I think they will be unable to alter certain data, such as a name change, if I remember correctly.

    When you receive the invoices, they may have very detailed information - full booking patterns and calculations - or more basic information. Reconcile all of this against what you expect.

    If you can identify the 'unallocated' payments you feel are missing and show they have been paid to the nursery, you are on better footing. Otherwise, be prepared to be taken to court. They will take you to court over £800.
    Hope this helps!
  • amandamilner
    amandamilner Posts: 38 Forumite
    edited 14 February 2012 at 12:46PM
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    Bitterandtwisted - libel is a published false statement that is damaging to a reputation. This isnt false.
    Why is it unfair - if companies dont want bad publicity then they should treat loyal customers with respect, simple as. Everyone does it on here so whats the issue??
    Actually I might add that my daughter's Asquith nursery itself was fantastic, the staff were lovely and loved my daughter which is why it was all so upsetting, its unfortunately the incompetents at head office who cant get a thing right.
    Yes we lost financially having to take time out work to look for another nursery.

    Everyone else, thanks so much for the useful info.
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