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Legal Question- Creche
So I posted yesterday about the creche sending me a text that morning telling me that they are closed forever starting from that morning. This, of course, is against the contract. Apparently, the creche went bankrupt and closed the doors. I guess that means my deposit is gone? Is it even worth pursuing? I am still trying to reach them to get my sleep sack, child's animal, etc. Apparently, they waited until yesterday morning to get as much money as possible from the parents (luckily I stopped our payment in time).
HI Nan,
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Many Thanks
Jo
It depends on the legal form of the creche and on the level of the debts.
I doubt there will be many assets to liquidate.
If it's a standard BVBA, then liability will be limited to about 18,000 euros. You could be entitled to a share of that, but the tax-man and liquidators get all they are due first, so there's a chance that there won't be much left by the time you get anything.
If it's an individual, then they are fully liable for all debts. You could sue them personally through the Vredesgerecht. This is a comparatively straight forward process.
It's almost certainly only worth following up if you think there's some money in the pot in the first place, an I don't rate your chances for a creche owner who has so badly mis-managed the creche that she can't keep it afloat.
We went through something similar, and it was a nightmare. Fortunately, short lived.
As a matter of course, in your situation I would talk to other parents involved if only to share ideas.
'Apparently, they waited until yesterday morning to get as much money as possible from the parents........'
If you know this for a certain fact then it is deliberate fraud. It is a criminal offence to take money in knowing that you cannot offer whatever service/product the money is paid for.
Whether it is worth pursuing your deposit is a matter for you to decide based on how large the deposit is - throwing good money after bad never makes sense but, again, if the costs of doing so are shared among several parents, it might be worth taking initial legal advice.
That sucks. Interesting how YOU would have to send a registered letter 3 months in advance if you want to shut down a gym membership or phone account but a creche can just text you the morning of and you have no recourse. Gotta love this bloody country! Aarrgghhhhh
Where was ONE or Kind and Gezin when this was happening. We was in a creche, that went under, but we managed to leave just before they held on to our deposit. I always had an instinct that there was something not right about our previous creche. This kind of stuff seems to happen a lot in Belgium, I have heard about the same story at least 3 times and quite frankly makes me quite anxious!
If I was you I would approach the body that subsidised them and see what they say.
I would count on getting your deposit back or if your do it will probably be in time for for kids start and university.
Any parents out there make sure you talk to your creche staff not just about your toddler or baby but about them. The more your talk the more you understand what is going on in your creche. Simple questions like how the weekend of the staff was can give you and understanding of the well being of the creche. I notice so many parents at my current creche forget to ask about how the staff are, they are just interested in the habits of their child. It really amazes me, I mean they are watching your child, don't you want to know that they are well enough to look after your child?!
Good luck with this.
