Paid childminder fee during lockdown but childminder now closed business. Help please!

GDB2222

Thrugelmir said:

silvercar said:

jimkelly said:

It would appear you have as close to a water tight case as is possible - to the layman at least.

If they don't reply to the the LBA, they are just digging themselves a bigger hole.

I agree with this. A court is not going to look favourably on someone who doesn't make an effort to respond.

Why the assumption that a defence isn't going to be made. This will then require a counter claim. 

Sorry, but that doesn't make sense to me. Can you explain a bit more, please?

Thrugelmir

GDB2222 said:

Thrugelmir said:

silvercar said:

jimkelly said:

It would appear you have as close to a water tight case as is possible - to the layman at least.

If they don't reply to the the LBA, they are just digging themselves a bigger hole.

I agree with this. A court is not going to look favourably on someone who doesn't make an effort to respond.

Why the assumption that a defence isn't going to be made. This will then require a counter claim. 

Sorry, but that doesn't make sense to me. Can you explain a bit more, please?

Before the case reaches court. A defence can be made to the claim can be made. The claimant would then need to respond to this. Far from being a one sided event. The defendent may themselves seek legal advice in making their response. Often far from being black and white. 

Dr_Crypto

Do they have any money to pay you? Did you pay them personally or did they have a company which they subsequently closed when she wound up the childminder business? 

The small claims court is mostly a waste of time and a money maker for HMCTS. If the person won’t or can’t pay there’s not much you can do. 

LouMitt

Dr_Crypto said:

Do they have any money to pay you? Did you pay them personally or did they have a company which they subsequently closed when she wound up the childminder business? 

The small claims court is mostly a waste of time and a money maker for HMCTS. If the person won’t or can’t pay there’s not much you can do. 

I understand we paid personally. 

Obviously I don’t know her financial situation fully but considering she is pursuing another self employed business venture I wouldn’t have thought there to be a cash flow problem. We have also offered for payment to be in instalments at an amount which will not place her under financial stress. 

Ideally hoping we can come to an arrangement without needing to submit a court claim. We originally requested refund via text messages to which she later responded to via a letter sent to us in a message to explain why she is not owing us any reimbursement. Hence us sending the LBA letter to let her know our intentions as we have been unable to come to an arrangement. 

Thank you everyone for your responses.

Thrugelmir

What justification did the childminder provide in the letter? 

LouMitt

Extract from the letter;

At the beginning of the pandemic, we discussed this matter and the fact your children were unable to attend due to the Government enforced lockdown.

During this time, as have many around the world, I’ve gone through lots of personal and professional strain ending up in me unfortunately not being able to continue in this line of work.

notice was given to yourselves on ****, allowing 6 weeks for you alternative childcare before the start of the new academic school year. The required by our contact is only 4 weeks.

I also forfeited Augusts payment to try and assist you further.

Your reduced payments of 57% of the full fee throughout this time will not be returned as per the conditions of our contract, which states a minimum of four weeks notice to be given by either party on termination of the agreement. To receive a refund of any fees paid for the mentioned Months, then your notice to end the contract would need to have been given at the beginning of March this year.

I have gone above and beyond the agreements in our contract, therefore any further refunds are not due.



We are struggling to understand the notice period as no childcare has been provided since March. When we were given notice this meeting was arranged on the presumption of childcare re commencing. 

Our understanding of the notice period of 4 weeks is that it allows her to replace our children (if we were to given notice) and we would still pay for that month to ensure no loss of income. 

And vice versa if notice was given to us we would have 4 weeks childcare provision to allow us time to find another provider. No childcare has been offered or provided during the notice period which is now being stated as 6 weeks. One of our children is full time so the start of the academic year has no bearing as it is not term time only care we need.