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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice
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Dear Sir / Madam My daughter was attending a nursery in

Resolved Question:

Dear Sir / Madam
My daughter was attending a nursery in 2013. In July 2013 my partner who is Polish and not fully understanding english received a form for the next terms sessions which started in September 2013. She ticked the form and signed it to say that our daughter would be attending the nursery in the new term with extra sessions. I was not aware of this and I was the bill payer. The fees went from approx £300 per term to £819. I emailed and telphoned the nursery saying that my daughter would not be attending the nursery as she was given a place in a school nursery closer to home. The original nursery was also changing location which meant we could not get her to the old nursery in time due to traffic and work restrictions. I have recived a letter today over a year later saying that I need to pay the £819 or they would go to the County Court Small Claims centre. The contract with the school did say the following: I have to remind you that as per our terms and conditions, parents
• need to give a complete half term’s notice in writing (i.e. before the first day of a half of a term), on a sessional day, to cease attendance or reduce the number of sessions. If notice is given at the beginning or during term-time, the notice period will take effect from the beginning of the next half of term.
• If a parent withdraws their child during this notice period, the fees shall still remain payable.
• You cannot claim Early Years Free Entitlement, if your child ceases to attend the nursery during the notice period, therefore the full fees will apply.
I gave them 6 weeks notice not a full term and the notice was over the school holidays. What can I do about this.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry if I am missing the point but I am not sure what you are hoping to do? The contract is clear enough and your partner signed it. The fact that she wasn't able to understand it is no defence. Unfortunately, in law, if you sign a document then you are bound by it. Its not for them to check she understands. It is for her to refuse to sign unless she is clear about it.
Come what may, you didn't give compliant notice. The claim is against your partner rather than against you but a claim remains.
The only challenge you could bring if they do sue is to ask them to show the court that they made proper attempts to mitigate their loss by filing her place. If they did then there is no claim against you as they cannot have double compensation. If they did not then you are liable to pay for the placement.
Sorry if that is bad news but I have to give you truthful information. I realise it is not your fault but unfortunately your partner has put you in this position.
Can I clarify anything for you?
Jo
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