Childminder discepences

Fefee · 10 May 2018 at 5:53PM

Hi all
I have recently put my 2 year old with a nee childminder 2 days per week after he was very unsettled in his last nursery. I made the childminder aware of him being unsettled in his last nursery.
After 3 weeks he was fine in his new setting and we were so relieved .
However
Then the cm asked for her monthly payment which we paid .
Next was a email to say she was ending the contract as she now has someone who is doing longer hours and ive got 5 weeks to leave.!
I wanted a refund because I would prefer my son to not get any more attached to her as he been through a lot and don't want him to go through this again.
She is legally in her contract covered but morally very wrong .
She refuses to give me a refund.
Does anybody have any other ideas to help get my money back .

MothballsWallet · 10 May 2018 at 6:23PM

You definitely need to check the Ts & Cs in the contract: she may not have made it as watertight as it appears.

Other than that, I'd recommend the following:

You could call the legal assistance helpline on your home insurance, if you've got it
Try your local CAB for advice - take the contract with you if you can get a face-to-face appointment
Try a local solicitor who offers 30 mins/1 hour free initial appointment

I'm sure others will be along soon with more advice/questions.

Fefee · 10 May 2018 at 7:39PM

Thanks so much , I will try all of those
I did have citizens advice look at it but they said I couldn't do anything.

unholyangel · 10 May 2018 at 8:02PM

Fefee wrote: »

Thanks so much , I will try all of those
I did have citizens advice look at it but they said I couldn't do anything.

If your aim is to force her to continue to provide services/perform the contract then that is correct. All a court would do is potentially award damages so that you weren't worse off financially due to her breach (providing what shes doing did amount to a breach and not a lawful termination).

[Deleted User] · 10 May 2018 at 9:07PM

Are you paying in advance or in arrears for their services? Is there a notice period in the contract and if so are they giving you notice?

Also, what is "discepences"? Do you mean discrepancies? I'm not sure that is the right word even if it's the one you meant!

hollydays · 10 May 2018 at 9:42PM

I'm confused too.
Discrepencies

elsien · 10 May 2018 at 9:50PM

You've acknowledged that she is legally within her rights to give notice.
I'm therefore failing to see why you still think you are due any money back?
What exactly are you wanting a refund of? Have you paid in advance?

Fefee · 10 May 2018 at 10:00PM

I not sure what to call it . I guess I'm arguing that I would like a refund so I can send my child to another minder that will look after him long term.
We paid in advance for this month and then the next day she sent me email to stay contract is ending in a month's time.
As I said legally this is correct.
However if she told me that she would terminate my contract only after 3 weeks of starting and that my son would be dropped the moment she got another child with more hours. I would have never put my son in.
Basically she took my son on only to do drop him 3 weeks later for another client .
I don't want my son to attend her nursery anymore and want a refund which she won't do cause she legally can.
However I think it's very unfair to put my child through the process off getting to no her more and then leave.

Fefee · 10 May 2018 at 10:05PM

Yes paid in advance.
I worried that my son would get all settled with her and then have to take him out. Instead if I got a refund I could put him in a setting where it will be more permanent.
It's not fair to take a child on for 3 weeks then say actually don't want him now cause I have another child with more hours.
My child has a lot setting problems and it's worried me

unholyangel · 10 May 2018 at 10:13PM

Fefee wrote: »

I not sure what to call it . I guess I'm arguing that I would like a refund so I can send my child to another minder that will look after him long term.
We paid in advance for this month and then the next day she sent me email to stay contract is ending in a month's time.
As I said legally this is correct.
However if she told me that she would terminate my contract only after 3 weeks of starting and that my son would be dropped the moment she got another child with more hours. I would have never put my son in.
Basically she took my son on only to do drop him 3 weeks later for another client .
I don't want my son to attend her nursery anymore and want a refund which she won't do cause she legally can.
However I think it's very unfair to put my child through the process off getting to no her more and then leave.

The terms you agreed to.....do they permit either party to dissolve the contract on 1 months notice? Or do they only allow her to do that?

Fefee · 10 May 2018 at 10:19PM

He's really not difficult though

Childminder discepences

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