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Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have a question regarding nursery/pre-school place. I had

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I have a question regarding nursery/pre-school place. I had payed the registration fee(£50) my son to start at a preschool in September.
Due to other childcare arrangements we are unable to take the place.
I received an e-mail from the owner asking for £1000 bill to cover for his unfilled sessions. This would be a terms fee(Sept-Dec) at the cost of 4 sessions they have been unable to fill. Apparently this was stated in the T&C when I signed the registration form back in April.
I appreciate that some compensation would be required but in most other nurseries ect it's 4 weeks notice.
Do I have any legal ground to contest or should I just pay they money??
Many Thanks

Hello Lisa my name is ***** ***** I will help you with this.

Have you seen the terms? What do they say?

Customer: replied 1 year ago.
Hi there,
I was only sent one copy and had to send this back when I signed the registration form.
I will e-mail and ask for a copy.
I don't feel that they have tried very hard to fill the place.
It has only been a week since we declined the place and we then received an e-mail asking for the money.
Customer: replied 1 year ago.
Dear *****,
I was sad to hear Rhys would not now be joining us in September as I thought we had found a workable solution.
I have taken a few days to respond to your email as I have been trying to reallocate his sessions for you. When you registered Rhys with us you entered into a contract with the nursery and agreed to our terms and conditions. These state, one complete term’s notice is required if a place is not to be taken up or one term’s fees will be charged in lieu.
I have managed to reallocate 2 sessions, leaving 4 and have attached an invoice which is due on or before 5 September 2017. Unfortunately, the sessions are invoiced to you at our sessional rate, as with Rhys not joining us I am unable to claim any funding on his behalf.
It is such a shame this circumstance has arisen and I wish Rhys all the very best.
Your sincerely
Lynn FlahertyThe Crescent Nursery
T: 01483 537280
O: 01483 511485
From: Lisa Brigstocke
Sent: Thursday, July 13, 2017 8:56 PM
To: ***** *****
Subject: Re: Nursery
Hello Lynn,
Thank you so much for all your help. I have had a long and thoughtful discussion with my husband about our childcare arrangements. We have been really impressed by the Crescent and are very grateful for all the advice you have given regarding child-minders. However, we have regrettably come to the conclusion that our pick-up/drop-off arrangements are going to be far easier to manage if we keep both of our children in one place. We would otherwise need two childminders to help look after Anna and Rhys.
Therefore, we have decided to keep them both at Christopher Robin until September 2018 when Rhys progresses to school. We hope that there may be space for Anna at the Crescent at that stage.
Many thanks again for all your invaluable advice.
LisaSent from my iPhoneOn 9 Jul 2017, at 10:48, Lynn Flaherty <*****@******.***> wrote:

Ok. All contracts are governed by the Consumers Rights Act 2015.

But if they have failed to search for another person to take the place, then they have failed to mitigate their loss.

This means you are not liable.

If they have searched and failed, then sadly you would be liable.

But it would be down to you to show you that they have taken all reasonable steps.

I would offer 25% in full and final settlement.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I don't feel that a week of searching to fill the place is enoufy justification for full and reasonable steps.
I don't want to fall out with the nursery as we wanted our daughter to attend in a years time but equally I feel £1000 is unreasonable.
The other option is that if we are paying for 4 sessions that they have been unable to fill, would it be acceptable to send our son to 2 of the sessions we can make??The nursery stated that they required a minimum of 5 sessions per child. But if we are paying for the session do we not have a right to attend the 2??
Many Thanks

Indeed you do. If you are being charged then you can attend.

I agree £1000 is unreasonable and in breach of the Consumer Rights Act.

Does that clarify?

Customer: replied 1 year ago.
Thank you. The difficulty we have is that we want our daughter to attend the preschool in the following year.

Indeed. All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I will do this now, thanks

I appreciate it.