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TP Jnr. attends a Day Nursery who we paid with a mixture of cash (by Standing Order) and Childcare Vouchers.
We have now moved over to paying the whole cost through the new Tax Free Childcare scheme.
However, I'm a dumb ass and forget to cancel the standing order. So, this month we've overpaid the Nursery by 55%!
We've asked the Nursery to refund the payment but they state they can't do this and can only put the over-payment as credit to next month. The problem is this means we lose the tax-free aspect on that portion of the payment.
Can the Nursery actually dictate how they refund our money? I can't see why they can't just transfer it back to us or write us a cheque.
Read the contract that you signed with them to see what it says.
[i]they state they can't do this[/i]
I'd explain it's costing your 30% or whatever more if they go down this route and you'd like them to credit what you paid plus 30% to reflect the cost to you of their policy.
plus they're lying about being unable to refund (regardless of contract) - it's just easier not to. I know no one wants a dispute with their child carer but it'll be the office staff doign this, not carers.
It says they will credit our account. However, just because companies put statements like these in contracts, it doesn't make them legally enforceable.
I guess I'm asking what rights (if any) I hold in this situation.
Going by past experiences, it's a nursery, they can do whatever they want.
Are you bothered enough to move nursery? Threaten them with that if so. Or just cancel the standing order. What are the late payment terms like?
I'm not aware of any consumer rights circumstances where, if a refund is agreed, they can hold you to things like having to accept a credit note. High street stores used to pull this all the time and they've no right to do so (unless they're accepting a return out of goodwill which is above and beyond SoGA / CRA, "I bought this six months ago, never worn it and don't like the colour").
You've given them money by mistake, if they're refusing to return it that's essentially theft.
It's entirely possible that you're dealing with someone who doesn't know any better. Ask for it to be escalated if you don't get anywhere.
plus they're lying about being unable to refund (regardless of contract) - it's just easier not to. I know no one wants a dispute with their child carer but it'll be the office staff doign this, not carers.
This. We've had the same.
Nurseries probably do have to be careful to not refund in cash money that was paid via tax free voucher, which might be why they're taking this line. Obviously this isn't what has happened here, but you might need to escalate it before common sense happens. You're not looking for a refund, you're looking for the return of money paid in error.
What they said ^
Return of funds paid in error. Very different to a refund, so I'd pursue immediate return of funds to your bank ASAP
Was it a standing order, or Direct Debit? These offer different consumer protection but probably not failure to cancel by custome...
If you can't convince them of their misunderstanding (in a pleasant but firm way) I'd revert to Bad Cop and send written request to return funds to your bank within 14 days, else you'll have no other choice but to refer to financial ombudsman (I believe they cover standing orders and direct debits) or small claims...
I'm not aware of any consumer rights circumstances where, if a refund is agreed, they can hold you to things like having to accept a credit note.
Ha! I bought a tiny laptop off Amazon which died about six months later. They agreed to take it back and offered full refund - but only to an account I no longer had and which hadn't been registered with Amazon as a payment method for four months! Fought them tooth and nail and even (eventually) spoke to a few supervisors whose first language was English. But no joy and they applied a credit to my account...
Couldn't even spend it on gift vouchers for presents. Bah.
Thanks all. I had escalated and I'm certain common sense will prevail (eventually). However, I was curious to know what my 'rights' are in this situation.
Don't threaten to pull your child out, if they're decent they'll have more kids waiting and then they'll end up keeping your money anyway.
I'm not aware of any consumer rights circumstances where, if a refund is agreed, they can hold you to things like having to accept a credit note. High street stores used to pull this all the time and they've no right to do so (unless they're accepting a return out of goodwill which is above and beyond SoGA / CRA, "I bought this six months ago, never worn it and don't like the colour").
Interestingly, came across this a few days ago doing click and collect at House of Fraser. Turned up to collect, item was not as described on the ad, so I rejected it and asked for a refund. However, they said I had to have a gift card because I had used Paypal. The only alternative seemed to be taking the item away, launching a separate Paypal dispute and being responsible for returning the item, even though I was stood in the shop at the time. It was all in their t&cs apparently...