• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Nursery Fees Deposit

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Nursery Fees Deposit

    If you check them out on Companies house there is a long history of companies run by the same director - not usually a great sign

    The claim needs to be brought against the company name at the registered office address.

    But see what happens by Tuesday xxx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #17
      Re: Nursery Fees Deposit

      I would recommend 14 days before commencing legal proceedings, 7 days could be argued that it is not a reasonable time 14 days is considered the norm, but is up to you.

      Just as a side note, that clause 6 has unfair term written all over it. Firstly, a surcharge of 15% for a late payment is likely to be unreasonable, I've heard of 10% being unreasonable at times. Secondly, the point about your child missing nursery due to ill health and not receiving a refund for the whole period I would also deem completely unreasonable, a more reasonable suggestion would be a pro-rata.

      As that paragraph is worded into one single clause, if the court finds that the term is unfair then the whole clause will be struck out and not just the wording.

      If any of the above applies to you then it could be worth including as part of your claim and you could potentially cover more than you expected.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #18
        Re: Nursery Fees Deposit

        Thanks for the info rob, I'm going to go with 7 days, only due to the fact that I'm annoyed and they don't have any intention of refunding. I will also include clause 6 as unfair terms.

        I've filled in all the small claims court information, ready to be actioned on Wednesday.

        Let's hope I get a result lol.

        Comment


        • #19
          Re: Nursery Fees Deposit

          [MENTION=6]Amethyst[/MENTION]

          We have a result!!

          Sent the small claims court submission at midnight today, sent a copy of my submission to the nursey to see their reaction.

          Had the money including court costs and interest in my account this afternoon.

          Thanks for your help guys!

          Comment


          • #20
            Re: Nursery Fees Deposit

            Originally posted by mo781 View Post
            @Amethyst

            We have a result!!

            Sent the small claims court submission at midnight today, sent a copy of my submission to the nursey to see their reaction.

            Had the money including court costs and interest in my account this afternoon.

            Thanks for your help guys!
            Well done for seeing it through :clap2: xx
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #21
              Re: Nursery Fees Deposit

              Just a last note, apart from marking the claim as paid do I have to do anything else on the money claim online website?

              Comment


              • #22
                Re: Nursery Fees Deposit

                Originally posted by mo781 View Post
                Just a last note, apart from marking the claim as paid do I have to do anything else on the money claim online website?
                [MENTION=6]Amethyst[/MENTION] or [MENTION=55034]nemesis45[/MENTION] will be able to answer that for you (I'm useless at court claims :sorry xx
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #23
                  Re: Nursery Fees Deposit

                  Ahh brilliant news xxx Well done for showing them you weren't going to be taken for a ride. Damn shame it took Court papers to have the right effect. hopefully that will put them off pulling a similar stunt with other parents.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #24
                    Re: Nursery Fees Deposit

                    MCOL - you should just be able to mark it as settled in full and that will be the end of it xxx

                    Originally posted by MCOL
                    What happens if payment is received?
                    If at any stage of the proceedings you decide you no longer want to proceed with a claim, or if it has been paid in full, you can click on the ‘update claim status’ button from your homepage. Please note that the information may take up to 10 working days to be recorded onto the court system. Remember - it is your responsibility to inform the court that a case has been paid or should be discontinued. You should also inform the defendant that you have taken the appropriate action to update the claim.
                    Please wait until funds have cleared before you mark the case as paid. If you advise the court that a case has been paid but then the payment does not clear, you will be required to make an application to a District Judge and pay a fee in order to reinstate the case. You must provide the court with the date that you received the money. As with all information provided to the court the date must be accurate.
                    Please note that once judgment has been entered you will no longer be able to discontinue the claim. If you do not wish to continue for any other reason than that the claim has been paid, you will need to make an application to set judgment aside. Please contact the court for further information.
                    Once you have confirmed the status, you may archive your claim in your MCOL homepage if you wish to do so. Please note that archiving the claim will not inform the court that it should be paid or discontinued.
                    If the claim has been transferred to another court, you should contact them directly. Contact details for all courts are available via courttribunalfinder.service.gov.uk/search/
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #25
                      Re: Nursery Fees Deposit

                      As the monies paid before the claim progressed inform the court that the claim has been satisfied to stop
                      any further action by the court.

                      nem

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                      Working...
                      X