Losing Sept School Deposit Rant Post Reply

[nannyatemygranny]

Sorry, I must be missing something.

Surely the legal argument is:

- You signed a contract which you read.
- You now want to vary the terms.
- The other side won't agree to that.

In which case, absent them accepting a compassionate grounds argument, to them its just a sob-story, even if its actually true.

Sadly, they're running a business, and it's not like they'll be getting any future business.

Start a petition. That might work.

[pie81]

Yes nanny, what you're missing is the law on penalties and the unfair terms in consumer contracts regulations.

[jafina]

I think it's fair enough for the the nursery to take the deposit but ridiculous for them to force you to pay a term's fees IF they are able to fill the place.

If they can't fill the place then fair enough, but they should be able to prove that to you. Surely the deposit plus a small admin fee should be more than enough if they can fill the place.

There is a moral argument here as well as a legal argument. We all sign up to all kinds of terms and conditions which we don't have the time or knowledge to fully understand, but I would expect a local business to behave a bit better than this.

[AKA]

This happened to us a couple of years ago so you have my sympathies. The nursery/school in question threatened us with court action so I felt pressured into handing over the total of 3K. I think its worth saying that these private nurseries/schools make a big thing on their websites about how inundated they are with applicants and that you need to get your application/deposit in quick. Otherwise you will loose your place when in reality they are not as oversubscribed as they've led you to believe. Hence why they then hang onto the deposit if you then don't go. I'm still pretty livid we had to pay that money but unlike you we didn't move out of London and I think that's the point here. It's not your fault your husband got a job out of London and as you say they will fill that place anyway. The other nursery set a good example by not taking your money.

[Bubs]

We experienced the same with a school, losing the deposit and first terms fees and I felt so upset - it's such a huge sum of money (£3,000) but I'm afraid as others have said, it's essentially a contract which you (& I) knowingly entered into. It's sad though that in these circumstances they can't see fit to waive at least the first term, especially if they have a willing and ready wait list.
I had to just write it off, and swallow my pride and the lump in my throat. One down to experience for us, harsh learning curve. You have my sympathy though, keep trying - you never know.

[Halfawife]

I think this thread has been compromised because I received a long winded voicemail from the nursery in question saying "I saw your post on Nappy Valley..." so assume some of the posters supporting the T&Cs are from the nursery posing as mums.

Thanks for everyone's input, good food for thought. This isn't over! (expecting school in question to read this!...)

[Bubs]

Interesting. I've just found out someone I 'know' posts under 3 different usernames on here, and I have a few issues with some things said under some of them. I do wish people wouldn't troll in such a way, it's so sneaky - not to mention downright odd ! Be careful, you never know who's behind the username (or names - plural for some) it seems.

[jafina]

To my mind, anyone who hasn't been regularly posting on here, has very few posts and has very strong opinions is always slightly suspicious until proved otherwise!

Must be my cynical nature

[pie81]

Interesting! the plot thickens.

Nursery school, if you're reading this, I'd be very interested to hear whether you are able to fill Halfawife's place, and if so, why you think you should be entitled to keep the term's fees?

[NYE31]

So would I, what is the name of the nursery school?

[Annabel (admin)]

The multiple usernames is something I hope I can help with.

About two years ago we changed the set up so that users COULD register different usernames with the same email address.

This was in response to queries from users asking for this as they wanted to be anonymous on some posts i.e. is my nanny taking the ****? I think my husband is having an affair etc. and wanted to be "visible" on others e.g. I love my nanny, I bought an amazing anniversary present for my faithful husband

If we find (and we sometimes do) commercial firms setting up false conversations then we will always delete them. They're not that hard to spot and we will check they're not from same IP etc.

If there is more general "trolling" going on under different usernames we will look at email addresses, IP addresses and anything else to see if we are being "duped" but any "tip offs" you can send my way would be great.

Thanks everyone, hope that helps!

[sw17mamma]

I'm late to this but .,..

The nursery (with such short notice) would have already made their staffing arrangements on the numbers they have. I realise you have a 'sob story' but is it fair to inflict a contract cancellation on the basis of your story?

Nurseries are businesses and in spite of your story, they need to be protected otherwise we wouldn't have any and we would all be stuffed.

[Halfawife]

Ironically the school had 6 teachers leave/move out of my daughter's class to another part of the school voluntarily, and one of the school's arguments had been that they would have to make teachers redundant if they returned the fees.

My response to that was that with these teachers leaving, and knowing that there were some students who would not be returning in the autumn, they should not replace the teachers if they don't have the student numbers to support the need for so many teachers.

Basic supply / demand.

[sw17mamma]

Exactly - basic supply and demand.

I presume this info came to light after your announced your child wouldn't be there, so just as your husband was worried when he had no job, they did they darned best to make sure they were in secure employment.

I understand your fury at losing 2k, but remember there are many other factors to why they keep it and just as you've suffered at the 'supply and demand' end that results in unemployment you have to understand that nurseries do too. It sucks, but fundamentally you are all in the same boat.

The ts and cs are standard across all the schools and nurseries, if they can't fill the space, they can't fill it and you have already agreed to pay it - you are effectively renegading on an agreement.

[vixen22]

Hi there OP

Hope you've had some progress regarding this (unjust) issue!

This kind of thing really gets on my wick. I'm investigating some nurseries for my nieces that are due over here next year. What is the name of the nursery? I'd love to know who to avoid!

Good luck!