Money claim online Situation?
Discussion
Sent 3 year old to a local nursery. Within a few days child is very unhappy and doesn’t want to return.
Made some comments about a staff member
Went in for a meeting with manager and it was they who named the staff member concerned so knew who it was. They held the meeting in the open at the nursery, which was not appropriate, and we were not generally reassured
So we removed our child. We had paid fees and for various activities in advance and now want to recover some of this
Contractually they are entitled to retain the fees but the circumstances of us removing child were unusual and we didn’t find our complaint dealt with adequately
It is not a huge sum but not nothing either
Setting aside the inevitable comments of ‘put it down to experience’ and ‘move on’, what are the views on the merit in pursuing such a matter via money claim online and what is the potential downside apart from the fee and time?
the manager is completely ignoring my emails, I am being reasonable in my tone towards them
Made some comments about a staff member
Went in for a meeting with manager and it was they who named the staff member concerned so knew who it was. They held the meeting in the open at the nursery, which was not appropriate, and we were not generally reassured
So we removed our child. We had paid fees and for various activities in advance and now want to recover some of this
Contractually they are entitled to retain the fees but the circumstances of us removing child were unusual and we didn’t find our complaint dealt with adequately
It is not a huge sum but not nothing either
Setting aside the inevitable comments of ‘put it down to experience’ and ‘move on’, what are the views on the merit in pursuing such a matter via money claim online and what is the potential downside apart from the fee and time?
the manager is completely ignoring my emails, I am being reasonable in my tone towards them
For the child to attend the nursery it has to be given a place. There are strict guidelines as to child/carer ratios. The fact that you child was given a place means that another child may have been denied a place. Now because you have withdrawn your child a place is available that quite possibly could not be filled in the short term. With the new 30 hours funding most nurseries are more likely to want children to stay full time. Check the small print on the contract you signed.
I wouldn’t doubt that it is us who breached the contract
However the circumstances were unusual it wasn’t a change of mind
It wasn’t just our child’s word for it. This staff member was rude to my wife. If they can’t be bothered to make an effort with the parents it doesn’t inspire confidence in what they’re like with the children. It’s not a case of us being over sensitive, we got a bad vibe from this person on several occasions
Our child said that this staff member shouts at the children. She’s started at the new place now and her first comments about it was that she prefers the staff as ‘they tell the children off quietly’. I don’t want people shouting at my 3 year old
Now given we withdrew her without giving notice, but say you were staying in a hotel and paid upfront but the room was unsatisfactory. You’d be entitled to pursue them for a refund if you decided not to stay, despite their cancellation policy not allowing it
The sum is not massive it’s around the £500 mark, it’s not the sort of amount that if you lost it we’d just shrug our shoulders
However the circumstances were unusual it wasn’t a change of mind
It wasn’t just our child’s word for it. This staff member was rude to my wife. If they can’t be bothered to make an effort with the parents it doesn’t inspire confidence in what they’re like with the children. It’s not a case of us being over sensitive, we got a bad vibe from this person on several occasions
Our child said that this staff member shouts at the children. She’s started at the new place now and her first comments about it was that she prefers the staff as ‘they tell the children off quietly’. I don’t want people shouting at my 3 year old
Now given we withdrew her without giving notice, but say you were staying in a hotel and paid upfront but the room was unsatisfactory. You’d be entitled to pursue them for a refund if you decided not to stay, despite their cancellation policy not allowing it
The sum is not massive it’s around the £500 mark, it’s not the sort of amount that if you lost it we’d just shrug our shoulders
You may have a claim under the Consumer Rights Act 2015 if you can convince the court that the nursery did not act with reasonable care & skill by permitting their employee to shout at your child. Could you get any independent evidence such as statements from other parents which may help your case? If you do start proceedings the nursery may well seek to settle to avoid the bad publicity a court case could attract.
FWIW said:
Hol said:
For you to win easily, it would need to be a repetitive problem across ALL parents and children.
On what do you base this pearl of wisdom?The situation is not exactly the same as that noted in the Op, but the local authority put a lot of emphasis on the previously impeccable record of the business.
So, on what did you usually base your PH opinions?
jakesmith said:
It wasn’t just our child’s word for it. This staff member was rude to my wife. If they can’t be bothered to make an effort with the parents it doesn’t inspire confidence in what they’re like with the children. It’s not a case of us being over sensitive, we got a bad vibe from this person on several occasions
Our child said that this staff member shouts at the children. She’s started at the new place now and her first comments about it was that she prefers the staff as ‘they tell the children off quietly’. I don’t want people shouting at my 3 year old
There's no real downside to pursuing a small claim. The normal "loser pays the winner's costs" rule doesn't apply (and this isn't on the face of it going to fall within the "unreasonable conduct" exception that might makes costs recoverable) so you don't have to concern yourself about. As you say, it's down to whether you want to put in the time and pay the issue fee.Our child said that this staff member shouts at the children. She’s started at the new place now and her first comments about it was that she prefers the staff as ‘they tell the children off quietly’. I don’t want people shouting at my 3 year old
Being rude to your wife isn't going to give you a good enough reason to terminate the contract without notice, IMO.
Shouting at your child might - but proving it is likely to be difficult unless there's a pattern of behaviour and you can find a number of other parents prepared to come to court to give evidence to that effect. Even then, the nursery will almost certainly deny it - and argue that even if the member of staff did shout, it may well have been justified and/or it doesn't provide legal grounds to unilaterally terminate the contract.
I can entirely understand you not wanting your child shouted at - that's a natural reaction that most parents would share. It doesn't mean though that you can automatically circumvent the small print about giving notice etc.
Small claims hearings can be a bit of a lottery in my experience. You may find yourself with a sympathetic judge who is prepared to give you the benefit of the doubt. Equally, you may not - and I have to say that I think the latter is more likely than the former.
jakesmith said:
Contractually they are entitled to retain the fees but the circumstances of us removing child were unusual and we didn’t find our complaint dealt with adequately
If this is literally your position, then don't even think about a court claim. You state that contractually they are in the right. What contractual claim then do you think you have?Bert
BertBert said:
If this is literally your position, then don't even think about a court claim. You state that contractually they are in the right. What contractual claim then do you think you have?
Bert
I guess there are circumstances where you break a contract yet can apply to court to not be bound by the termsBert
I gave the example earlier of paying for a hotel room in advance. They very well may have a no refund policy built into their terms when you book
If you turn up and the room is uninhabitable, noisy, too hot / cold, no bed etc, you would expect the courts would be on your side if it were to get to that point
Obviously in that example it is easier to demonstrate expectations and what the reality was than something that is more subjective
jakesmith said:
I guess there are circumstances where you break a contract yet can apply to court to not be bound by the terms
I gave the example earlier of paying for a hotel room in advance. They very well may have a no refund policy built into their terms when you book
If you turn up and the room is uninhabitable, noisy, too hot / cold, no bed etc, you would expect the courts would be on your side if it were to get to that point
Obviously in that example it is easier to demonstrate expectations and what the reality was than something that is more subjective
So in which case they haven't met their side of the contract so you have a contractual failing to wrangle over. That's how you need to be thinking about your childcare issue. You certainly can't go to court over a so far unsatisfactory response to a customer complaint.I gave the example earlier of paying for a hotel room in advance. They very well may have a no refund policy built into their terms when you book
If you turn up and the room is uninhabitable, noisy, too hot / cold, no bed etc, you would expect the courts would be on your side if it were to get to that point
Obviously in that example it is easier to demonstrate expectations and what the reality was than something that is more subjective
Bert
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