Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Fefee
    • By Fefee 10th May 18, 5:53 PM
    • 40Posts
    • 2Thanks
    Fefee
    Childminder discepences
    • #1
    • 10th May 18, 5:53 PM
    Childminder discepences 10th May 18 at 5:53 PM
    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 .
Page 1
    • MothballsWallet
    • By MothballsWallet 10th May 18, 6:23 PM
    • 12,301 Posts
    • 16,566 Thanks
    MothballsWallet
    • #2
    • 10th May 18, 6:23 PM
    • #2
    • 10th May 18, 6:23 PM
    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:
    1. You could call the legal assistance helpline on your home insurance, if you've got it
    2. Try your local CAB for advice - take the contract with you if you can get a face-to-face appointment
    3. 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.
    Always ask yourself one question: What would Gibbs do?

    I live in the UK City of Culture 2021

    I had to put mothballs in my wallet - the moths had learned the PINs to my cards...
    • Fefee
    • By Fefee 10th May 18, 7:39 PM
    • 40 Posts
    • 2 Thanks
    Fefee
    • #3
    • 10th May 18, 7:39 PM
    • #3
    • 10th May 18, 7:39 PM
    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
    • By unholyangel 10th May 18, 8:02 PM
    • 12,286 Posts
    • 9,617 Thanks
    unholyangel
    • #4
    • 10th May 18, 8:02 PM
    • #4
    • 10th May 18, 8:02 PM
    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.
    Originally posted by Fefee
    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).
    Money doesn't solve poverty.....it creates it.
    • camelot1971
    • By camelot1971 10th May 18, 9:07 PM
    • 706 Posts
    • 1,097 Thanks
    camelot1971
    • #5
    • 10th May 18, 9:07 PM
    • #5
    • 10th May 18, 9:07 PM
    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
    • By hollydays 10th May 18, 9:42 PM
    • 16,016 Posts
    • 12,070 Thanks
    hollydays
    • #6
    • 10th May 18, 9:42 PM
    • #6
    • 10th May 18, 9:42 PM
    I'm confused too.
    Discrepencies
    • elsien
    • By elsien 10th May 18, 9:50 PM
    • 16,368 Posts
    • 41,375 Thanks
    elsien
    • #7
    • 10th May 18, 9:50 PM
    • #7
    • 10th May 18, 9:50 PM
    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?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Fefee
    • By Fefee 10th May 18, 10:00 PM
    • 40 Posts
    • 2 Thanks
    Fefee
    • #8
    • 10th May 18, 10:00 PM
    • #8
    • 10th May 18, 10:00 PM
    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
    • By Fefee 10th May 18, 10:05 PM
    • 40 Posts
    • 2 Thanks
    Fefee
    • #9
    • 10th May 18, 10:05 PM
    • #9
    • 10th May 18, 10:05 PM
    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
    • Quizzical Squirrel
    • By Quizzical Squirrel 10th May 18, 10:12 PM
    • 162 Posts
    • 4,544 Thanks
    Quizzical Squirrel
    Do you think there's a chance that she's really saying she can't cope with him?
    In which case, perhaps this might turn out for the best, even if she's handling it badly.
    • unholyangel
    • By unholyangel 10th May 18, 10:13 PM
    • 12,286 Posts
    • 9,617 Thanks
    unholyangel
    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.
    Originally posted by Fefee
    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?
    Money doesn't solve poverty.....it creates it.
    • Fefee
    • By Fefee 10th May 18, 10:19 PM
    • 40 Posts
    • 2 Thanks
    Fefee
    He's really not difficult though
    • Fefee
    • By Fefee 10th May 18, 10:23 PM
    • 40 Posts
    • 2 Thanks
    Fefee
    In the contract she can terminate with 1 month notice. So she has done that.
    It's not really a legally issue more off a moral one and treating it like a ruthless business women wither I expect to be more caring about my child.
    The way she done it aseell
    Getting me to pay 1st then send the email.
    • mattyprice4004
    • By mattyprice4004 10th May 18, 10:28 PM
    • 3,573 Posts
    • 3,046 Thanks
    mattyprice4004
    You’ve admitted she’s fine to do this legally, so there’s no point seeing a solicitor etc.
    It’s rubbish but there’s nothing you can do - if you use the next month or not is up to you, but you’re not entitled to a refund.
    • Fefee
    • By Fefee 10th May 18, 10:33 PM
    • 40 Posts
    • 2 Thanks
    Fefee
    Yes I know just trying to see if anybody had any other ideas.
    I will write a complaint and give her a review saying how dissatisfied I was her service but would rather a refund.
    • unholyangel
    • By unholyangel 10th May 18, 10:50 PM
    • 12,286 Posts
    • 9,617 Thanks
    unholyangel
    Yes I know just trying to see if anybody had any other ideas.
    I will write a complaint and give her a review saying how dissatisfied I was her service but would rather a refund.
    Originally posted by Fefee
    I repeat, does the contract allow either party (you or her) to end the contract upon 1 months notice? I was asking for a reason.

    Part 1 of Schedule 2 states that the following may be unfair:
    (7) A term which has the object or effect of authorising the trader to
    dissolve the contract on a discretionary basis where the same
    facility is not granted to the consumer …
    Its a longshot but probably your only shot.
    Money doesn't solve poverty.....it creates it.
    • Aylesbury Duck
    • By Aylesbury Duck 10th May 18, 11:12 PM
    • 1,854 Posts
    • 2,496 Thanks
    Aylesbury Duck
    There's nothing you can do because you entered into this arrangement with full knowledge of the possibilities. Writing a bad review smacks of bitterness because she's done nothing wrong. If you wanted surety and continuity you should have sought a proper nursery. Whilst childminders are a good option, they are vulnerable to changes in circumstances such as illness, family crises and so on and people that engage them should bear this in mind. You expect flexibility to suit your lifestyle and your child's needs but don't see that both ways. I'm sure if you wanted to take your son out of the arrangement you would do so promptly, so why is her ending the arrangement immoral? They also don't earn a huge amount (presumably this is one of the reasons you chose a childminder?) so it's understandable if they can earn more by switching clients that they do so.

    I had this argument with a relative of mine who paid childminder hourly rates but expected a nursery level of service. She was quite indignant when the childminder had to abruptly take a break because of a family bereavement and she couldn't get her daughter into a nursery quickly. She had also complained previously when the childminder added 30p to the hourly rate, at which point I pointed out that she was quite happy to pay something like ten times that hourly rate for the dealership to service her car but was quibbling over the cost of looking after her most loved possession?!
    Please forgive the deliberate omission of apostrophes on some posts whilst I await MSE to do something about the daft codes that appear in their place when typing on certain devices.
    • ThumbRemote
    • By ThumbRemote 11th May 18, 12:29 PM
    • 3,883 Posts
    • 4,937 Thanks
    ThumbRemote
    There's nothing you can do because you entered into this arrangement with full knowledge of the possibilities. Writing a bad review smacks of bitterness because she's done nothing wrong. If you wanted surety and continuity you should have sought a proper nursery. Whilst childminders are a good option, they are vulnerable to changes in circumstances such as illness, family crises and so on and people that engage them should bear this in mind. You expect flexibility to suit your lifestyle and your child's needs but don't see that both ways. I'm sure if you wanted to take your son out of the arrangement you would do so promptly, so why is her ending the arrangement immoral? They also don't earn a huge amount (presumably this is one of the reasons you chose a childminder?) so it's understandable if they can earn more by switching clients that they do so.!
    Originally posted by Aylesbury Duck
    I disagree entirely. Writing a bad review is entirely appropriate because the childminder isn't considering the needs of the child at all. To insist on seeing out the full one-months notice period, (which the minder has given the day after starting the contract) rather than agreeing to an early termination, is a very poor way to treat a child.
    • Fefee
    • By Fefee 11th May 18, 1:17 PM
    • 40 Posts
    • 2 Thanks
    Fefee
    Thank so much thumbremote .
    I agree completely , she is the business of child CARE .
    • Fefee
    • By Fefee 11th May 18, 1:22 PM
    • 40 Posts
    • 2 Thanks
    Fefee
    They only I have left is to tell her if she doesn't refund me then I will file a complaint plus bad reviews
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,026Posts Today

7,840Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin