Daycare Deposit

[kwillia]

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.

I agree with Dymphna, PFGal. Infant spots are hard to come by and that's why you were willing to put money down so far in advance. Legally, you bought a spot in her daycare and chose not to use it. But I also agree that it's worth trying to negotiate with her. But I don't see you getting you money back if she refuses. :shrug:

 

[JabbaJawz]

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

That's the enrollment fee thing, and I didn't have to pay it anyway!

 

[Elle]

That's the enrollment fee thing, and I didn't have to pay it anyway!

what a coincidence me neither

 

[geminigrl]

So what you are saying is you found daycare put money down to hold the spot, but 6 weeks prior to the date the kids were supposed to start you cancelled? If that's the case I think the money is due to you.

 

[JabbaJawz]

But I also agree that it's worth trying to negotiate with her.

I'm trying to negotiate 1/2. She wants to talk to her husband, so we'll see what happens. I'm not trying to be a b*tch, and I do understand that infant spots are hard to come by, but I also gave her ample notice. :shrug: I think 1/2 if fair.

 

[Dymphna]

No qualified, licensed day care facility should have a problem filling vacancies in this market. Take it to small claims court. The judge will probably ask her what she did to mitigate her damages, i.e. did she fill the slot and if not, did she try to. If she filled the slot and lost no revenue because of your cancellation, she should give the cash back. Deposits are not meant to unduly enrich one party. Better yet, take it to judge Judy so we can all watch

Actually, keep a log of all phone calls and send a registered letter requesting a refund. Be sure to state the dates of all attempts at communication in the letter. It is important to document when notice of cancellation was rendered. Then there will no defense that she was not contacted/notified.

P.S. You can also file a complaint with the state against child care providers. Look for the info at http://classifieds.somd.com/child_care_rules.html. I doubt they can make her give the $ back, but it turns up the heat.

Agreed, she shouldn't have trouble filling an infant opening if she tried, but I think PF would lose in court. Plus, that is the fastest way to drive a child care provider (good or bad) out of the field. Most of the ones I know are terrified of litigation. They'd quit first if they thought the possibilty would come up. In this market, (assuming the provider is not a ) given that providers with infant openings are few and far between, does she really want to drive this woman out of business (and probably a half dozen of her friends, who will quit in fear too)

 

[JabbaJawz]

No qualified, licensed day care facility should have a problem filling vacancies in this market. Take it to small claims court.

I'm absolutely shocked that she hasn't filled either spot yet. She was very nice, had a clean home in a decent location, etc... Just seems odd!! I was nice about it, but I did tell her that I felt we should be able to negotiate something and if not, we could allow the courts to decide. If I lose, I lose, but I really think that I have a chance... I told her I'd be happy with 1/2, and she is going to talk it over with her husband. Good advice on tracking correspondence - I've written it all down just in case.

 

[kwillia]

I'm trying to negotiate 1/2. She wants to talk to her husband, so we'll see what happens. I'm not trying to be a b*tch, and I do understand that infant spots are hard to come by, but I also gave her ample notice. :shrug: I think 1/2 if fair.

I think 1/2 is fair too.

Look at it in reverse. You had a signed contract where you were guaranteed a spot. Let's say she had a good friend call her up and say she wants that spot so the lady sends you your check back and says nevermind. I would think you have legal leg to stand on that the two weeks was already bought and paid for. :shrug:

 

[JabbaJawz]

So what you are saying is you found daycare put money down to hold the spot, but 6 weeks prior to the date the kids were supposed to start you cancelled? If that's the case I think the money is due to you.

It's pretty much the case, except for the 'hold spot' issue. August was just about as early as she could accept my infant, so the timing worked. I think she could have taken her the end of July, but the 1st 2 weeks of August are her vacation so we negotiated a start date of 8/16.

Like others said, I suppose she could have turned away other infants trying to start the same time as me. :shrug: But, if that's the case, than why has the spot still not been filled??

 

[Elle]

I was nice about it, but I did tell her that I felt we should be able to negotiate something and if not, we could allow the courts to decide.

How much of a deposit are we talking about??? Is it really worth it to invest in court costs + time off of work to fight for it

 

[kwillia]

I do agree that if the spot has already been filled than she should send it back, but I thought it hadn't been...

 

[JabbaJawz]

How much of a deposit are we talking about??? Is it really worth it to invest in court costs + time off of work to fight for it

A weeks worth of childcare, $240. A good chunk of change in my opinion. :shrug:

 

[Dymphna]

Just because something is written in a contract does not mean that it is legally correct or enforceable. That's why they have contract lawyers and contract disputes. If it is an amount money worth fighting over, then you need to write a demand letter and follow up with court. If you aren't willing to do that, you don't really want your $ back. My layman opinion is that if she filled your slot, then she owes you the money back.

But the spot wasn't filled. If it was, I'd agree completely. As it is I think half is a fair compromise, just to save the hassle.

 

[JabbaJawz]

I think half is a fair compromise, just to save the hassle.

Let's hope she'll agree!

 

[geminigrl]

A weeks worth of childcare, $240. A good chunk of change in my opinion. :shrug:

If you don't want the 240, I'll take it, lol.

 

[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?

Just out of curiosity, what was the deposit for if it wasn't to hold the spot.

 

[nomoney]

If you don't want the 240, I'll take it, lol.

I'm pretty sure the whole point of this thread is that she DOES want the money. Just my opinion though.

 

[JabbaJawz]

Just out of curiosity, what was the deposit for if it wasn't to hold the spot.

B/c anywhere you start care you usually pay the last 2 weeks up front. I did the same thing with every other daycare provider or center I've ever dealt with.

 

[JabbaJawz]

I'm pretty sure the whole point of this thread is that she DOES want the money. Just my opinion though.

You getting yo-self some karma for that one, baby!!

 

[Dymphna]

A weeks worth of childcare, $240. A good chunk of change in my opinion. :shrug:

I think I need to move to PF. The average for providers in Mechanicsville, among those who report fees to the LOCATE referral service is about half that.