Nursery fee dispute - any advice?

[sarahf]

First of all, thank you for taking time to read this post. I'm a bit stuck as to what to do. Will probably try call around for some legal advice next weeke but would be interested if anyone else has had a similar experience or, in fact, knows a solicitor who might be able to help.

Just before my son turned two, I looked into nurseries that he could attend 2days per week. One of the ones that I liked was a fairly new place but had a more established branch that I had visited when my son was quite small. Anyway, I put his name down to start after the summer half term (2013) but, a month before he was due to start, I called the head office to defer his place as my husband had suddenly been made redundant. This seemed fine, although some of the communication was slightly off as they still tried to invoice me but were ok when I contacted them to remind them that my son would not be starting in June.

Anyway, when the September term drew closer, I was really surprised not to have received any information at all about our son's start date etc. In the end, I decided that it didn't seem to be the right place for us. They never called (or wrote) to check our son's attendance but very cheekily billed us! I assumed that it was another administrative error and was, frankly, a bit sick of their readiness to send invoices but not to show any evidence of child care. They're now threatening a CCJ.

I'm unsure as to what my obligation is as they haven't sent any copy of a contract and haven't answered a letter that I sent via recorded delivery. In fact, they have employed a debt collection agency who are impossible to communicate with as they don't have any information to sensibly discuss the situation. They did say it was to reimburse the nursery for loss of earnings but they still have lots of places left.

I suspect that I did sign a form to register our son. Unfortunately, I don't remember (I also had a new baby at te time so my memory was all over the place!). However, I guess that if I had filled out a form, it would have stated a June start date for half a term and not the full Autumn fees that we are being chased for. Feeling really frustrated although a bit relieved that we didn't send our son somewhere who have been so obtuse and, also, never contacted us about our son, only money.

If anyone has experienced anything similar, it would be so helpful to get any advice! Happy to discuss over the phone if easier. Just PM me with your number. Thank you so much.

[edanna]

I'm no lawyer but I think the burden of proof is with the nursery - ie they must show they provided you a service for which you have not paid, or produce a copy of a contract you signed saying what you would have to pay if not taking up the place/leaving without sufficient notice. Generally you would just forfeit your deposit. But you really need to get them to demonstrate what grounds they think they have for pursuing you in this way.

[sarahf]

Thank you so much for your post. It's reassuring that I'm not alone in thinking like this and - agree - fully expected to lose my deposit but shocked to be charged a term's fees. The letter from the debt collector arrived on Friday so my brain has been going round in circles all weekend as haven't been able to contact them to get clarity. Feel a bit muddled. Thank for sounding lam and reasonable!

[edanna]

It sounds outrageous. Really feel for you. But you need to know what you signed, if anything. I hope you can get this resolved quickly.

[duchessofdulwich]

Never heard of anyone having this before. Be interested to know what happens.....

[minder]

It does sound very OTT with the nursery pursuing this but also that somewhere between June and September maybe there was cross-communication. Did you try to phone or email them when you realised you were not going to send your son?

If you didn't then if the nursery have a signed contract, payment may be due. I would have thought the nursery would have given you a copy of the contract at the time of signing?

Can you give us the name of the nursery and also where you've decided to send your son now?

[sarahf]

It was a very last minute decision in terms of not sending our son to this nursery. The nursery he goes to now, I only contacted and visited once the Autumn term had stated. I was just a bit unnerved that there had been no communication from the original nursery in regards to our son's start date, settling in etc. To be honest, it was more done on instinct rather than anything else. Naively, I assumed that we had dropped off the original nursery's records - hence the lack of induction information.

I admit that I was suffering from severe new baby brain when and if I signed a contract. However, the nursery hasn't sent me a copy of this as proof that payment is due. I have actually just written them another letter requesting a copy of any documentation that indicates that we are liable to pay fees for Autumn term 2013.

I would rather not mention the nursery's name until I get proper legal advice. I guess that I just wanted to see if this is normal practice before I look for a solicitor who might be able to assist in this. Is this technically contract law? In fact, if anyone has a solicitor recommendation, I would be really grateful.

[Mellors]

It is contract law.

I assume you must have signed a contract with the nursery when you paid your deposit. This should have set out things like what the fees are, when they are payable, what the terms are if you decide not to take up the place (i.e. x amount of days/weeks notice in writing/verbally). You need to get a copy of this contract before you get any legal advice.

If the nursery have actually issued debt proceedings against you through the court you shold have received a formal notice of claim, together with evidence on the basis of their claim (e.g. the contract). If not, ask the nursery for a copy before you do anything else.

I would say you then have three options:

1. Pay nothing and issue a counterclaim/defence based on e.g. breach of terms of the contract on their part/lack of communication. Go to court and see what happens (and/or negotiate a settlement in the meantime if possible, on a without prejudice basis). If its dealt with on a small claims basis you will both pay your own costs. I don't know about the waiting times in local courts, but where I work in East London you're looking at about 9 months - a year for a date to come up for a hearing.

2. Settle (i.e. agree that they will withdraw the claim if they get to keep your deposit and/or a terms fees.

3. Pay everything to get rid to them.

The main thing now though is to get hold of the terms of the contract. It all rests on what you actually agreed.

I can't give you actual legal advice, but I hope that helps. Good luck!

[ratty]

Name and shame if they become heavy! They are playing an underhand game appointing debt collectors. Stop to their level!

[Saffron]

Keep track of all the time it is taking you to sort this problem. Bill the nursery for it. Then threaten them with legal action when they don't pay!

[sarahf]

Thank you so much for taking the time to write your comments. It's really meant a lot to hear such sensible and abortive advice. I was feeling a bit upset and muddled by it all (especially as husband has been away on a business trip). It's also helped me separate the emotional (why don't they care why my son didn't start?) and the practical (have written the nursery, the debt collectors and their solicitors a letter for burden of proof). Thank you again.