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In dispute with nursery, unsure where we stand


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Hello all,

 

I stumbled across this useful site and now here I am asking for some advice if possible.

 

Our daughter was at a nursery for just over two years, it was okay but we never really loved it. A new nursery opened which we really liked the look of and after a tour decided we would move our daughter.

 

My wife emailed the current nursery manager on the 29th Feb asking for a copy of the terns and conditions, specifically with regards to giving notice. The manager emailed back a very short paragraph stating: The notice period is 2 full months from the 1st of the month.’

 

She did not send or mention the terms and conditions as requested. Because it was the the first the next day, we emailed the notice that very next day. Because her email stated two full months from the 1st with no mention of including the 1st. We also

gave a written copy of the same email when my daughter attended on the 2nd, which was a Tuesday. She only attended Tues and Weds.

 

The manager saw my wife the next day on the Weds and asked her into a room to discuss why we were removing our daughter. We kept it polite and said it was just for a change etc. There was no mention of the notice period.

 

A week or so later the manager spoke to my wife again and stated that the notice had been received on the 2nd of the month, and it needed to be a full month. My wife stated she sent the email on the first as per her response to the request for a copy of terms and conditions. She resent it at their request.

 

Our daughters last day came and went which was the 31st March (she only goes two days). We then get an invoice for the extra month which they have then used our advance payment to clear. There was no prior warning of this.

 

My wife emailed asking why and was told it was because we did not give 2 full months as per the terms and conditions. We explained that they were not provided to us when requested and we simply acted on the email sent form the managed when we requested them.

 

We have now sent to letters of complaint requesting our advance fee back. They are refusing to and have also stated that we did not fill out a leaving form. Although there was no mention of this form after we gave notice or in the discussions my wife had after.

 

The ironic thing is that on there last response they enclosed a copy of the terms and conditions we signed two years ago along with a request to remove my child from nursery. Completely useless now our daughter has left. They also state that notice should be in writing as email is unreliable, which is kind of comical as they send emails out every day stating what illnesses are doing the rounds and other important updates.

 

So there you go, we feel aggrieved because we feel we are being penalised for acting on the information they gave us.

 

- they never supplied us with terms and conditions as requested

- they never gave warning they would not be retuning our advance fee

- They never gave us or mentioned a cancellation form until after we had removed our daughter

- They had several opportunities to discuss it with my wife face to face but never mentioned any issues until after leaving

 

So we are at the stage where we need to decide if we send a letter before action etc. Any thoughts on where we might stand?

 

Thanks in advance

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Hello all,

 

I stumbled across this useful site and now here I am asking for some advice if possible.

 

Our daughter was at a nursery for just over two years, it was okay but we never really loved it. A new nursery opened which we really liked the look of and after a tour decided we would move our daughter.

 

My wife emailed the current nursery manager on the 29th Feb asking for a copy of the terns and conditions, specifically with regards to giving notice. The manager emailed back a very short paragraph stating: The notice period is 2 full months from the 1st of the month.’

 

She did not send or mention the terms and conditions as requested. Because it was the the first the next day, we emailed the notice that very next day. Because her email stated two full months from the 1st with no mention of including the 1st. We also

gave a written copy of the same email when my daughter attended on the 2nd, which was a Tuesday. She only attended Tues and Weds.

 

The manager saw my wife the next day on the Weds and asked her into a room to discuss why we were removing our daughter. We kept it polite and said it was just for a change etc. There was no mention of the notice period.

 

A week or so later the manager spoke to my wife again and stated that the notice had been received on the 2nd of the month, and it needed to be a full month. My wife stated she sent the email on the first as per her response to the request for a copy of terms and conditions. She resent it at their request.

 

Our daughters last day came and went which was the 31st March (she only goes two days). We then get an invoice for the extra month which they have then used our advance payment to clear. There was no prior warning of this.

 

My wife emailed asking why and was told it was because we did not give 2 full months as per the terms and conditions. We explained that they were not provided to us when requested and we simply acted on the email sent form the managed when we requested them.

 

We have now sent to letters of complaint requesting our advance fee back. They are refusing to and have also stated that we did not fill out a leaving form. Although there was no mention of this form after we gave notice or in the discussions my wife had after.

 

The ironic thing is that on there last response they enclosed a copy of the terms and conditions we signed two years ago along with a request to remove my child from nursery. Completely useless now our daughter has left. They also state that notice should be in writing as email is unreliable, which is kind of comical as they send emails out every day stating what illnesses are doing the rounds and other important updates.

 

So there you go, we feel aggrieved because we feel we are being penalised for acting on the information they gave us.

 

- they never supplied us with terms and conditions as requested

- they never gave warning they would not be retuning our advance fee

- They never gave us or mentioned a cancellation form until after we had removed our daughter

- They had several opportunities to discuss it with my wife face to face but never mentioned any issues until after leaving

 

So we are at the stage where we need to decide if we send a letter before action etc. Any thoughts on where we might stand?

 

Thanks in advance

 

Two days a week, for a month : how much fee does this represent?

 

"they enclosed a copy of the terms and conditions we signed two years ago"

"they never supplied us with terms and conditions as requested"

 

They supplied you with a copy of the terms & conditions and you signed them and returned them. You are bound by them unless you can show they are unfair (or that they were supplied only after you had entered into the contract : mind you, you have "affirmed" them since by continuing the contract since).

 

They didn't REsupply you with a copy of the T's & C's. Poor behaviour but they aren't (strictly) obliged to do so.

What do the T's & C's say about notice periods and means of giving notice?

 

If e-mail notice is permitted : what time was the email sent on the first?.

 

Notice by e-mail on the 1st, after the 29th Feb would be on 1st March.

2 full months from then would be the end of April.

You've said your daughters last day was the 31st of Match : is that not only 1 month?

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Thank you for your reply. There is a sum of £320.00 in dispute.

 

So from what you have said we just have to take it on the chin and accept it? It just seems poor that they had plenty of opportunity to discuss the matter, but never did. Should they not have pre-warned us they would not be returning the advance fee or mentioned the cancellation form they are now stating we did not complete? They also never disputed the leaving date we gave in the email or letter until after we had removed our daughter.

 

If they had supplied us with the terms and conditions as requested then there would not have been any issue. The managers badly worded email response, lack of T&C provided when asked for and no mention of a cancellation form is what has caused all the trouble. Seems incredibly unprofessional to me.

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See above re: dates.

Did you give them 2 months notice (1st March to end April) (or 1st Feb to end March) or 1 month (1st March to end of March)?

 

Is email notice permitted? If so what time was the email sent (on 1st Feb)?.

 

If they have refused to return the money you have 3 choices:

A) accept that

B) send them a letter before claim (/ LBA) giving them 14 days to refund you and not follow it up if they don't

C) send them a letter before claim (/ LBA) giving them 14 days to refund you and issue the claim if they don't.

 

They might choose to settle / reach a compromise if you follow through but you don't have a cast iron case, and still need to clarify the dates : as stated you only gave 1 months notice (at most!).

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Apologies for the confusion I got my dates mixed up. My wife has been dealing with this, no excuse I know :oops:

 

Notice was given on Monday 1st Feb with our daughters last day being the 30 March as that was a Weds and she only attended Tues and Weds as mentioned. She would not have been due to attend on Thus 1st April. So we gave two months from the first of the month as far as we were concerned.

 

So the nursery would of had almost 3 months notice if they keep the advance fee.

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still unable to reliably answer.

See previous questions re : Notice method in T's & C's

and timing of the email.

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Hi

 

Does the nursery have a website? If so check it as their Terms and Condition my be on the website

 

When you sent the email did you ensure your settings are set for a "read receipt" (this way when they open your email you get a read receipt as evidence)?

 

With email you need to be careful WHY you may have sent the email on 1st Feb but was it opened and read by them on that day or the next day.

 

You also need to use the nurseries Complaints Procedure to place this amount In Dispute also ensure to title the letter "Formal Complaint" and at the same time ask for copies of the following:

 

1. Complaints Procedure.

2. Customer Care Standards/Policy.

3. Terms & Conditions.

 

If going to send by email ensure your settings are set to get a "read receipt" but you must also follow it up with a letter referring to the email (you need to keep a good paper trail, also get free proof of posting from the post office)

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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