Daycare Deposit

[JabbaJawz]

Opinions please.

I found daycare in PF before we knew we were moving. I'm talking a while back - we had a signed contract with our provider in February for the girls to start on August 16th. I put the house on the market mid-June, and I called the provider the first week in July to let her know that we were moving and I'd be finding care in St. Mary's. She wasn't sure how to go about the deposit $$ I'd given her since she'd never had a situation like this occur, and since the contract doesn't discuss it. We basically sort of decided to wait it out and see if she could find other people to fill the openings. Well August 16th has come and gone, and I called her last week to get a status and try to come to a conclusion regarding the deposit money. She didn't call back, so I called today and left another message. She called this afternoon and was interrupted, and I'm supposed to call back in a few minutes. What portion of the deposit do you think I'm entitled to, if any? I almost feel that I should get it all back, since she had over 6 weeks notice that we weren't coming, and I feel that is ample time for her to find other clients. Is that asking too much?? BTW, she hasn't found anyone. Should I just try to barter for 1/2 of the deposit, all of it, or what?? The only thing the contract mentions about a deposit is that, "any termination of this contract requires 2 weeks notice. Initial deposit will be applied to the final week." Then at the end of that same paragraph it says, "Deposits are not refundable."

I cancelled the contract 6 weeks before it technically began.

Hurry...I need to call her back soon.

 

[CMC122]

6 weeks notice was plenty! I say you should get it all back.

 

[Bogart]

Sounds like a poorly written form contract she probably found on the internet. Good luck!

 

[Elle]

Technically I'd say she owes you nothing b/c she had been reserving that spot for you from the begining. Even though you did give her ample time, she had the spot held for you for some time. I guess it just comes down to the mood she is in

 

[justhangn]

You should get it all back and if she doesn't comply, tell her you'll call Social services and complain to them about her poor customer service.

 

[Chasey_Lane]

I belive you're entitled to a FULL refund. When I pulled my daughter from daycare 2 years ago, they required 2 weeks notice, otherwise the deposit was nonrefundable.

 

[kwillia]

This is easy. You should have given her two weeks notice in writing detailing the last day of service from her. The money you paid up front should cover the money you owe at the end. So if you paid one week up front, you do not pay for services the last week. They are already paid for. It is set up this way to save a provider from being cheated by someone just pulling a kid out without advance notice.

 

[JabbaJawz]

Technically I'd say she owes you nothing b/c she had been reserving that spot for you from the begining. Even though you did give her ample time, she had the spot held for you for some time. I guess it just comes down to the mood she is in

I dunno about this way of thinking. Only because to me, if she was holding a spot and expected to be paid for it, than she should have required payment to hold a spot. If she wanted kids to start before mine could, she should have not accepted us. :shrug: My argument has nothing to do with holding a spot, ya know? She knew from the start when we'd begin, and never wanted payment to hold it.

 

[Elle]

Am I not understanding, you never actually took the girls to this lady, she was just holding a spot for you?

 

[Jen]

I am going through almost the same thing. I think you should get the entire deposit back. It's not your fault she couldn't fill her spots with 6 weeks notice.

Opinions please.

I found daycare in PF before we knew we were moving. I'm talking a while back - we had a signed contract with our provider in February for the girls to start on August 16th. I put the house on the market mid-June, and I called the provider the first week in July to let her know that we were moving and I'd be finding care in St. Mary's. She wasn't sure how to go about the deposit $$ I'd given her since she'd never had a situation like this occur, and since the contract doesn't discuss it. We basically sort of decided to wait it out and see if she could find other people to fill the openings. Well August 16th has come and gone, and I called her last week to get a status and try to come to a conclusion regarding the deposit money. She didn't call back, so I called today and left another message. She called this afternoon and was interrupted, and I'm supposed to call back in a few minutes. What portion of the deposit do you think I'm entitled to, if any? I almost feel that I should get it all back, since she had over 6 weeks notice that we weren't coming, and I feel that is ample time for her to find other clients. Is that asking too much?? BTW, she hasn't found anyone. Should I just try to barter for 1/2 of the deposit, all of it, or what?? The only thing the contract mentions about a deposit is that, "any termination of this contract requires 2 weeks notice. Initial deposit will be applied to the final week." Then at the end of that same paragraph it says, "Deposits are not refundable."

I cancelled the contract 6 weeks before it technically began.

Hurry...I need to call her back soon.

 

[JabbaJawz]

I dunno about this way of thinking. Only because to me, if she was holding a spot and expected to be paid for it, than she should have required payment to hold a spot. If she wanted kids to start before mine could, she should have not accepted us. :shrug: My argument has nothing to do with holding a spot, ya know? She knew from the start when we'd begin, and never wanted payment to hold it.

Plus, she couldn't accept an infant until July anyway b/c another child wouldn't turn 2 until then. It's not as if she was holding since Feb. for us, even thought that's when we did the contract.

 

[Elle]

I dunno about this way of thinking. Only because to me, if she was holding a spot and expected to be paid for it, than she should have required payment to hold a spot. If she wanted kids to start before mine could, she should have not accepted us. :shrug: My argument has nothing to do with holding a spot, ya know? She knew from the start when we'd begin, and never wanted payment to hold it.

But maybe she was just being nice to you. The deposit is in good faith that you will be bringing the kids to her and she will hold the spot for you. Most daycares require you to pay weekly to hold the spot seems to me that she had given you a deal by just a one time fee. You know me and how cheap I am I would be fighting her for my deposit back but just thinking about it from her perspective.

 

[JabbaJawz]

This is easy. You should have given her two weeks notice in writing detailing the last day of service from her. The money you paid up front should cover the money you owe at the end. So if you paid one week up front, you do not pay for services the last week. They are already paid for. It is set up this way to save a provider from being cheated by someone just pulling a kid out without advance notice.

You do realize that my kids never started with her, right? As soon as I realized we were moving, I decided to start them in St. Mary's daycare. So, the provider I'd originally found in Calvert knew 6 weeks prior to the start date that my kids weren't coming. So the money can't pay the last weeks since they were never there.

 

[JabbaJawz]

Am I not understanding, you never actually took the girls to this lady, she was just holding a spot for you?

They never started there b/c I started them in St. Mary's instead when I went back to work. She knew in February the start date for the kids. I don't know if she was holding a spot or not, as I'm not sure how many kids she had attending before mine were going to begin.

 

[CMC122]

Plus, she couldn't accept an infant until July anyway b/c another child wouldn't turn 2 until then. It's not as if she was holding since Feb. for us, even thought that's when we did the contract.

Can't you call the Daycare association or something and ask them:shrug:

 

[JabbaJawz]

But maybe she was just being nice to you. The deposit is in good faith that you will be bringing the kids to her and she will hold the spot for you. Most daycares require you to pay weekly to hold the spot seems to me that she had given you a deal by just a one time fee. You know me and how cheap I am I would be fighting her for my deposit back but just thinking about it from her perspective.

She didn't require weekly payment to hold a spot until August, so that's not in the contract. Which means her 'spot holding' is not of my concern. Ya know?

 

[RoseRed]

Better yet, take it to judge Judy so we can all watch

Then we can watch you be the perfect litigant!

 

[Dymphna]

I think, legally, she doesn't owe you anything. The contract does say the deposit is not refundable and it is quite possible she has turned away other parents with infants in the meantime, afterall, you aren't the only one searching for childcare well in advance. I also agree since you gave her plenty of notice, she might want to cut you some slack, so it doesn't hurt to try and negotiate.

However, she is well within her rights to refuse and for pete's sake don't report her for bad customer service. CCA's (not social services) job is to protect the children and this isn't a case of endangering the children, yet a call to them will still cause a bad mark on the provider's record.

 

[kwillia]

Then we can watch you be the perfect litigant!

Groan....

 

[Elle]

She didn't require weekly payment to hold a spot until August, so that's not in the contract. Which means her 'spot holding' is not of my concern. Ya know?

I get ya, in your contract does it mention the deopist as being refundable?

I know your current "daycare" policy states it's a non-refundable deposit.