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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, The nursery where my children attend charge £45 for

Customer Question

Hi,


 


The nursery where my children attend charge £45 for FULL day use from morning 8am to 6pm.


 


For half day use is split into 2 sessions, where there is a morning session from 8am- 1pm £28 and afternoon session of £26.


 


I however, use the nursery facility for two FULL days.


 


1.5 days of nursery is paid for, by the college and the remaining I am paying. The nursery however are charging for one FULL day at £45 and the second day where the college pay half day and I pay the other half of the day is different charges.


 


The nursery have split the day into two sessions and the morning is paid by College which is of £28. And I am paying £26 for the afternoon use. Let it be mentioned that I receive the cheques from the college to give to the nursery. Should I not be paying the remaining fee of £17 as it is a FULL day use or do they have a right to charge me as a separate session of £26? If they are in their rights to charge me and the college for two separate sessions that would mean that they take a total of £54 for a FULL day.


 


The terms set out is that if hours taken by the student is out of the timings needed for study time, the student has to pay the top up fee. So in this case the top up should be £17 as the sessions are not split but one continuous day. The nursery provider has slammed me a bill and demanded within 4 days payment needed to paid to them.


 


I am now very stressed as I find this unfair as at the end of the day they are receiving money from both of us but are charging us extra and both separately at half day sessions. I feel as though they are claiming as much as they can from both sides. There FULL day use is clearly £45 so surely they can't charge 2 separate sessions can they?


 


My other child in nursery who is receiving 3 year old funding. For some reason my fees are more to pay than that the college owes. He receives 11 hours funding each week spread over two days. But again its the same issue. They are charging as though its two sessions a day. Government pays morning and the college pays one afternoon. Then the next day is the government funds morning and I'm paying the half day rate. When there is two full days being used. So should I not be paying the top up for the rest of the day? And for some reason my fees are more than the colleges when we are paying for exactly the same timings. Please advise.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola,


 


Approximately how long will it take?


As ideally I would like an answer by tomorrow.


 


 


Regards


Fakhirah

Expert:  Nicola-mod replied 2 years ago.

Hello Fakhirah,

We will continue to look for a Professional to assist you.

I'm afraid JustAnswer cannot guarantee a time but most questions are answered in a timely manner.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi,

 

Normally when I have a question it's answered within a day or so.

 

It has been almost 2 days. I really do need an answer by tomorrow at the latest, if possible?

So incase by tomorrow an expert has not been found still then I will have no choice but to not

continue.

 

Kind regards

Fakhirah.

 

Expert:  Nicola-mod replied 2 years ago.
Hello Fakhirah,

I understand. I have marked this high priority for you.

Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
I sthe nursery connected to the college in any way?
Do you have a copy of their terms and conditions?
Clare
Customer: replied 2 years ago.

Hi, the nursery is not connected to the college in any way. I do hve a copy will need to look for it. Can I also mentioned that this timetable of two days was a timetable issue by college. Childcare is helped according to the timetable and then the childcare session would be provided according to that timetable. I was given a timetable to say that I would be needing two full day sessions. Once I started college in the New term had I realised yet another change in the timetable. But because I was late to inform the college. The second half of the day where I was not suppose to use was then billed to me as college would not fund it. But as the whole day was used without a break surely they should charge a daily rate and not charge two separate sessions?


Regards


Fakhirah

Expert:  Clare replied 2 years ago.
Hi
I would be very surprised if you do not find in the contract that they are indeed entitled to bill the two sessions separately where they are being funded separately.
Certainly where the Government funding is involved this is standard practise in all nurseries - justified on the basis of the administration involved.
I think it is less appropriate where the college funding is involved since the contract is between you and the nursery - it is simply that you pay it with two different cheques, and on that basis you can certainly argue that point - but do read the terms and conditions first.
Another way around it is to ask the college to make the cheque out to you - then you simply pay for two days.
Please be aware however that they can indeed withdraw the place for non payment, government funding or not.
Sorry to give you what I appreciate is bad news
Clare
Customer: replied 2 years ago.

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Customer: replied 2 years ago.

Hi,


 


I have seen the terms and conditions and I can't find anywhere that they state that payment is independent. All it does mention is student will have to pay top up, which as we know means top up. I have already argued this point that the contract is between me and the nursery and not with the college, which is why I am here to ask for advice.


 


If the terms do not state clearly about being charged separately what can I do? I have explained in 3 emails that this was not justified as contract is with me and nursery and not with the college.


 


Are the nursery in the wrong for charging me independently?


 


regards


Fakhirah

Expert:  Clare replied 2 years ago.
HI
I think with regard to this you may well have a good case (NOT with regard to the Government funding)
I suggest that you write a formal letter pointing out that the contract is between you and the Nursery and not the college.
Say that YOU are paying the fees - and how you are doing so is your concern and not theirs.
Politely ask them to send you a copy of the terms and Conditions that allow them to take this action.
Please ask if you need further details
Clare

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