Nursery Fees Deposit

[Amethyst]

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

[R0b]

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.

[mo781]

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.

[mo781]

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!

[Kati]

Re: Nursery Fees Deposit

@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

[mo781]

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?

[Kati]

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?

[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

[Amethyst]

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.

[Amethyst]

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

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/

[nemesis45]

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