Nursery Fees Deposit

[mo781]

Hi All

I am looking for some help and advice, I paid a Deposit to a Nursery, in particular Montessori Nursery when my child started nursery.

My child has now completed his nursery period, it has been approximately six weeks and I am trying to get my Deposit which I paid back.

The accounts team keep fobbing me off by saying it will be done next week etc. I have emailed the director with no reply.

I have made countless phone calls only to be told it should be done on Friday and never happens.

As per the contract it states I should receive the Deposit in full in the final month of the child's period, which should have been August.

Any chance anyone can help me with what I should do next.

Many Thanks

[Amethyst]

Re: Nursery Fees Deposit

I would put your request in writing now, still friendly but serious. Something along the lines of....

Dear Maria,

Re: XXXXXXX Nursery Placement Deposit

I am disappointed that despite numerous conversations with xxxxxxxxxxxxxxx I have yet to receive a refund of the deposit paid to the nursery on XXXXXXX's starting. The deposit was paid on the understanding that it would be returned to me when my Son completed the nursery period at xxxxxxxxxxxxxxxxxxxx School. This is written into the contract/registration document etc which states....xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

You will be aware XXXXXXXX completed this on XX August 2015, over two months ago.

The deposit of £XXX should be repaid immediately, as agreed, to my bank account - xx-xx-xx XXXXXXXX, as previously discussed.

I am sure you don't want this to proceed any further however I feel I should make you aware I am considering taking legal advice on my options for obtaining a refund from XXXXXXXXXX School. I expect payment to be made before 4pm on 29th October 2015 to avoid any further action.

I would like to take this opportunity to express my thanks for all the work you have put in with XXXXX during his time at the nursery, however it is a shame that the positive experience he had is not being reflected in this matter.

I look forward to hearing from you.

XXXXXXXXXXXX


Then in 7 days you could send a formal letter before court action before bringing a small claims court claim against the nursery. Hopefully it won't come to that.

Just my thoughts anyway xx Do you have a copy of the contract agreement?

[nemesis45]

Re: Nursery Fees Deposit

Hi All

I am looking for some help and advice, I paid a Deposit to a Nursery, in particular Montessori Nursery when my child started nursery.

My child has now completed his nursery period, it has been approximately six weeks and I am trying to get my Deposit which I paid back.

The accounts team keep fobbing me off by saying it will be done next week etc. I have emailed the director with no reply.

I have made countless phone calls only to be told it should be done on Friday and never happens.

As per the contract it states I should receive the Deposit in full in the final month of the child's period, which should have been August.

Any chance anyone can help me with what I should do next.

Many Thanks

Hi welcome to LB

You can write to the Director in the form of a letter before action (LBA)
setting down what the nursery must do to prevent you from issuing a
County Court Claim for the outstanding deposit + costs.
You must be willing to follow this through to a claim if necessary!
Is there only one owner/director for the nursery?
Alternatively a formal complaint to the nursery may help it obliges
them to fully investigate and respond within 56 days ( normally much quicker).

Also keep everything in writing from now on, no phone calls, use signed for post.

nem

[mo781]

Re: Nursery Fees Deposit

Hi , I did send the email below on the 16th October

Dear xxxxcx,

I am quite disgusted with your accounts team and how I have been treated.

I was advised I will be getting my refund after 4 weeks from the date my son left the nursery, for the Deposit which I placed when my son started. His name is xxxxx and deposit amount is £541.62.

First I was told I will receive my deposit four weeks after my son leaves nursery.

I then waited four weeks and was told by Dee you will be making a BACS payment. I then waited another week to be told you have now sent a cheque second class, which I still have not received after a week.

To be honest I have now lost my faith in you as another parent had to go through the same delay and process.

As per your contract which I have in front of me and I quote ' one months fees are required as a deposit, this deposit is refunded in full in the child's final month at the nursery'.

Therefore this now states you are now in breach of contract as I have not received payment in the time specified.

As I have rung many times only to be fobbed off, you now have 7 working days to refund the Deposit of £541.62 via BACS, the first day starting from Monday 19th October 2015. If the monies are not received in this time frame, I will be proceeding this to the small claims court and also claiming court costs and damages.
Please contact me using the number above as a matter of urgency.

Regards

[Amethyst]

Re: Nursery Fees Deposit

bit harsher than mine, I'm just extra nice. lol. You've had no response I assume ?

That's absolutely fine. So in that case you are free to go directly to court. In which case need to sort out your particulars of claim - should be quite straightforward.

Any chance you can scan/photo the contract pls ( remove personal info)

Do you have full details of the company that owns the nursery etc? (ie who to bring the claim against)

ps. it will cost you £60 and if they defend and go to a hearing a further £80. but that will be awarded in costs against them if they then lost.

[mo781]

Re: Nursery Fees Deposit

Hi

Lol yes a bit harsher

I have all the details at home , I will scan it redacted asap, also I do have the directors details.

Thanks

[Amethyst]

Re: Nursery Fees Deposit

You will need to sue the nursery entity rather than one of the directors personally - should be the entity on the contract ( eg XXXXX Ltd )

[mo781]

Re: Nursery Fees Deposit

[MENTION=6]Amethyst[/MENTION]

Someone has suggested a charge back using the last monthly payment I made to the nursery. Is that a good idea not sure?

[Amethyst]

Re: Nursery Fees Deposit

No, that payment for your final months fees was a legitimate payment. The deposit is a separate payment.

It might get you some money back but they could then legitimately sue you for the final months fees, and you'd counterclaim for the deposit - would make things terribly messy. Plus a chargeback should only be used for issues directly related to THAT transaction, which it isn't in this case. It's a bit eye for eye, which doesn't really sit well with the courts ( or your visa debit card provider tbh).

[mo781]

Re: Nursery Fees Deposit

[MENTION=6]Amethyst[/MENTION]

Please see Contract from the nursery which I have uploaded

[Amethyst]

Re: Nursery Fees Deposit

Well you can't get much clearer than that.

[Amethyst]

Re: Nursery Fees Deposit

https://beta.companieshouse.gov.uk/c...filing-history

Is that the right one?

[mo781]

Re: Nursery Fees Deposit

Exactly, how do I go about sending a LBA, of whatever route you recommend next

[Amethyst]

Re: Nursery Fees Deposit

You have done that really - ''you now have 7 working days to refund the Deposit of £541.62 via BACS, the first day starting from Monday 19th October 2015. '' so you could issue court proceedings on Tuesday.

[mo781]

Re: Nursery Fees Deposit

Ok, thank you, will start court proceedings on Tuesday.