Losing Sept School Deposit Rant Post Reply

[Halfawife]

We sent both our children to a local private nursery. Last year my husband was out of work for a year but we continued to keep our girls in their schools for stability. My husband has since gotten a job outside of London so we have decided to move the family (and I have gotten a new job) in this new city so that we can all be together.

We informed our eldest daughter's school and they were kind enough to waive the Sept school fees despite not being able to give the length of notice normally required. Phew.

My youngest daughter's nursery is holding us to the Sept fees so we are paying approx £2k for a space we will not attend and they will probably fill anyway, thereby making a profit on us.

I know we were supposed to notify them at the beginning of April but we didn't know we were going then.

I feel sick to my stomach and on the verge of tears because we cannot afford to throw this money away. I am going to go in and plead with them again but doubt I will be successful.

Can they force us to pay? I guess we have signed a contract but it just seems so unfair.

[KatherineHepburn]

That's really rough. No advice I'm afraid but will be keeping my fingers crossed for you.
Do you feel comfortable naming the nursery in question?

[Goldhawk]

Did you give them a full term's notice? Almost?
How much of a deposit do they hold?
You can refuse to pay and see if they take you to the small claims court or alternatively threaten to do the same to them

[pie81]

It does seem pretty unfair that they can hold on to the money even when they know they will probably fill the space. If they can't fill it then that's one thing but we all know good nurseries round here are oversubscribed.

Two ideas:

1: you could try using this site to see if anyone wants to "take over" your place and then suggest this to the nursery. You'd have to name the nursery on here of course to do that. I bet there are quite a few people wanting places if it's a good nursery school.

2: a legal argument: you could say that this part of the contract is invalid because it's a penalty, ie the amount they are keeping is well above their expected level of real loss (since they can clearly fill the place). Legally this argument has some strength actually, but pulling out legal arguments tends to sour discussions so I'd use this as a last resort.

[Tealover]

Sorry to hear this ....it really annoys me. Do you know when the next payment would be due? Payment for full sept term or deposit for jan term? If you are not due another payment (after the 2k) until late summer then what about going back to them and withdrawing your notice? Ie. tell them you will hold the place until the day before next payment is due. They hopefully will take the line "we could offer that place to another child' - which may put you in a better position to argue that it's your place until xx date as you've paid 2k for it. If it's a very popular nursery then they will want to guarantee places to children before the summer hols I expect. Good luck

[supergirl]

This is truly upsetting and i feel for you really.

But i will go against the crowd as you knew the little prints when you signed up. I know of a friend who moved her child from a private primary to a state one because she moved for work and had no other choice and lost £4,000 of deposit because she coyldnt give a full term's notice.

You should try to negociate by all means and I would too if was in your situation but you know that your position is very weak.

Naming and shaming would not only be disgraceful as you knew the small prints it would also bectotally unfair.

Granted the deposit, admissions, waiting lists in london are totally opaques and should probably be reformed but there is more demand than places so unfortunately they are setting the rules.

Good luck i wish you ll succeed in your claim but i dont know if i want the status quo to stay the same or to change... Maybe you ll be setting a precedent?

[nuttymummy]

Pie81's Point 2 in her post is a really good point. My hubby (written a lot of Ts &Cs in his time!) has been saying for ages (we have friends who've also found themselves in this situation) that he thinks this practice could & should be challenged & it would stand a good chance as their (the school's) material loss should really only be a basic administration fee (assuming they fill the place). Do you have a lawyer friend who could at least draft a response pro bono? Whoever eventually stands up against this practice (we are really surprised it hasn't happened yet) stands a good chance of setting the precedent and changing this. Good luck!!

[pie81]

by the way, there is also a similar argument based on the unfair terms in consumer contracts regulations

If you want to run this argument then PM me and I can help with wording - but as I say, I'd try non legal arguments first.

[vendredimanche]

I agree that a (possible) way out of this is to argue that this is an unenforceable penalty as it is not genuine pre-estimate of the loss suffered by the school - and this irrespective of the fact that you knew what you were signing up to argument.
I have sent you a PM on this.
Good luck!
VdM

[BalhamMumWorkingFT]

I'd go plead your case. I agree that you knew it would be an issue, but most places are quite ok with paying the deposit back as long as your account is in good order. Especially since it is a big move, just not a jump to a new local place.

Save the legal stuff for when they refuse.

Good Luck. I really hope you are successful.