Nursery deposit

[Newmum2019]

Hi there, looking for advice/ experience if possible. My little one started nursery but after a month there, she has become very unwell, with a number of critical care hospital stays and needing lots of care; as a result I?ve had to leave my job. We made the decision to remove her from nursery as she?s not well enough for that environment and we also can no longer afford it. We confirmed with the nursery and, though it is slightly galling that despite only attending for 10 days and having paid a full month, we still need to pay for 8 weeks further to meet the contract, which states they need 8 weeks notice before withdrawal. We haven?t yet paid but asked whether we could deduct the ?700 deposit we paid from the total owed. They?ve responded saying the deposit won?t be returned and 8 weeks is in addition. It doesn?t say anywhere in contract or correspondence that deposit isn?t returned. Does this sound right? Have any of you given notice and not received deposit back?

[Giacomelli]

Hi

Firstly sorry to hear about your daughter. I wish you and her all the very best. I?m a childminder so I?m often giving out contracts. The point of a deposit is that it?s meant to cover the early years setting should a parent take their child out early before notice is served. I?m not sure why you are being asked for extra snd if there is no information in the contract stating that, then you are not legally required to pay. The setting should have explained what happens with the deposit once they receive it. Eg. Is it held in an interest free account? Or does it go towards final month?s fees etc? Due to the circumstances I?d personally waive part of deposit if I was able to fill the space quickly and therefore not experience loss of earnings. If it?s not in the contract, don?t pay it.

[Newmum2019]

Thank you, so helpful. Naively, I haven?t been told any details of the deposit but it does say they will deduct from final invoice so that definitely suggests we should have it back, as we are giving the 8 weeks. Thanks for the kind thoughts too, it?s been v tough and this debate with nursery last thing we need tbh 🙁

[enpointe]

I've sent you a PM

[redjam]

Wow, I'm truly shocked by this story and sending you huge sympathies for your situation and best wishes for your child. It's to your great credit that you don't name and shame the nursery on here but I'd have that up your sleeve if they refuse to budge on this. I would avoid like the plague any nursery that acted in such a heartless, inflexible way, so I'm sure they wouldn't want this to get out publicly.

I'm afraid I don't have any practical advice on the legal/contractual front but really wish you all the best with this horrid situation.

[northernmonkey]

Bet we can all have a good guess which one it is though! If so they don't seem too bothered about perception sadly!

[maniana]

Deduct it yourself from the last month?s payment. Deposits are supposed to cover you in the event you leave without notice. Given you have provided 8 weeks? notice, they can?t keep the deposit too. Don?t ask their permission, just do it.

If they disagree they can take you to the small claims court. This will cost them a lot of money to do, and they would probably lose. This would not be a criminal matter.

Good luck and all the best for your daughter.

[HelenAnne]

This is extenuating circumstances, so the deposit should be enough to cover, or they should waiver it as you are taking her out for good reason.

As a gesture of goodwill, they should accept you paid a whole month upfront and use the deposit to cover the 2 months, forgoing any other monies.

But if this nursery is the one I?m thinking of they are quite hot on money and contracts (and rightly so as they are running a business) even if not stipulated fully in the parent contracts.

xx

[motorbird83]

northernmonkey Wrote:

-------------------------------------------------------

> Bet we can all have a good guess which one it is

> though! If so they don't seem too bothered about

> perception sadly!

Exactly-- I'd bet a huge amount of money on which one it is. They are taking the piss. Deduct the deposit and only pay the difference if there is any. They are breaking the contract and an extremely aggressive and unethical manner. This nursery is so heartless and the absolute worst.

[B&G]

Piplings, perchance?!

[Newmum2019]

Thanks so much for the kind words all. Pleased to say we agreed with the nursery that the 8 weeks notice should be minus the deposit.

[Piplings Nursery]

I will confirm that there had been a misunderstanding and that the day after the original post(which has only just come to my attention) it was clarified by the nursery that the deposit would certainly be returned. We have never withheld anybody's deposit unless they were in breach of their contract. We have had very good relations with this client. We took a lot of time and care over their situation despite being without any information for a long period of time. We wished them well and we still do.

I admired the poster for retaining confidentiality at the start - a good example to everyone.