paid childminder from prepaid card

sammy94

Hi,
We receive direct payments on prepaid mastercard from council to pay to carers for our disabled daughter. My spouse setup regular monthly payments to childminder from this prepaid mastercard. There was a contract in place. But childminder gave notice of termination giving one month notice. But there was lot of discussion between my spouse and childminder about at least looking after for reduced number of hours. But there was no new contract being made. And suddenly 4 days before contract was about to end and reduced hours were supposed to start, childminder told that her prices are going up (double) and it will be same amount as before but for half number of hours. My spouse refused to continue and found a new carer in those 4 days. But she forgot to cancel the regular payment. Now childminder is saying that there was an agreement in place and she is keeping that money as money in lieu of notice. Her partner got involved and threatened and abused me. We didn't know about this partner during DBS check.

How can we recover this money. Any guidance will help. This is my first post. Please correct me if it is wrong forum.

[Deleted User]

Contact whom ever the childminder is governed by.

If a contract is in place then yes you have technically broken this agreement by terminating it.

[Deleted User]

You need to check what the original contract said and about how changes would be made.

sammy94

contract does not mention anything about changes. Mentions about 2 weeks notice from either side. But childminder now saying since my spouse was paying monthly, it is effectively 4 weeks notice. She sent a text that prices are going up after 4 days, she now saying that it was to be effective only after 4 weeks. With that calculation as well with earlier rate and reduced hours it will still be £300 but she is holding £600 and refusing to discuss.

jonesMUFCforever

What does the council say?
Childminders are registered with local authorities - so if they are in the wrong according to the council they perhaps could be 'lent' on to refund you (partially anyway).

Enterprise_1701C

Has your childminder got a facebook page? You could ask the question on there, in full view of her other clients.

Ben8282

Slightly curious about how how are paying a childminder using a prepaid mastercard and why the council are making these payments to a prepaid mastercard as opposed to a bank account?

Terry_Towelling

Ben8282 wrote: »

Slightly curious about how how are paying a childminder using a prepaid mastercard and why the council are making these payments to a prepaid mastercard as opposed to a bank account?

Agreed, it does seem odd that this childminder is set up as a retailer with an acquiring bank.

What retailer name/location appears against the transactions when they are processed?

Do you have the 'notice of termination' given by the childminder? Just wondering whether there are any chargeback rights to take advantage of. If the recurring transaction (regular payment) was tied to the contract 'under notice' and there is no documentary evidence of any new contract, I would think the retailer would be expected to cease taking the money when they ceased providing the service (regardless of whether you cancelled the regular card payment).

We need a chargeback practitioner with up-to-date knowledge to step in here. Technically, this is an unauthorised payment because payments were only authorised during the term of the contract but I can see that being a difficult chargeback to get through. Perhaps 'non-receipt of services'?

Obviously, this suggestion will depend on whether these are actually card-based transactions.

Sammy94, if anyone has been threatened this is a matter for the police.

eco_warrior

Ben8282 wrote: »

Slightly curious about how how are paying a childminder using a prepaid mastercard and why the council are making these payments to a prepaid mastercard as opposed to a bank account?

Maybe just given the sort code and account number to transfer the funds?

Prepaid cards are fast becoming current accounts these days i think.

eco_warrior

Terry_Towelling wrote: »

Agreed, it does seem odd that this childminder is set up as a retailer with an acquiring bank.

What retailer name/location appears against the transactions when they are processed?

Do you have the 'notice of termination' given by the childminder? Just wondering whether there are any chargeback rights to take advantage of. If the recurring transaction (regular payment) was tied to the contract 'under notice' and there is no documentary evidence of any new contract, I would think the retailer would be expected to cease taking the money when they ceased providing the service (regardless of whether you cancelled the regular card payment).

We need a chargeback practitioner with up-to-date knowledge to step in here. Technically, this is an unauthorised payment because payments were only authorised during the term of the contract but I can see that being a difficult chargeback to get through. Perhaps 'non-receipt of services'?

Obviously, this suggestion will depend on whether these are actually card-based transactions.

Sammy94, if anyone has been threatened this is a matter for the police.

Will be faster payments id imagine

dj1471

She can't increase her prices without your agreement, since you didn't agree then either the reduced hours contract remains in force for the original rate or the contract is void (no notice periods would apply).

Sounds unlikely this was actually a card payment, so small claims court will be the next step (starting with a letter before action).