Problem with old parent and fees

[Kittycat]

I had a child give me notice around October last year
When mum first started I asked for a retainer and half of her last bill to be paid in advance
I admit that I have worded out our contract and invoice wrong and it looks like Ive collected a deposit and that's her final fees paid in advance.
When she gave notice she still required a Monday morning and out curtesy I decided to keep the child on, however when she got a space for afterschool club she basically gave up his morning to, at point her space was paying me £16 a month
I don't believe I owe her anything but she is constantly emailing me asking for £124
My business is on its knees and I'm lucky with what I'm taking in covers basic bills and I'm seriously finically struggling to the point I'm probably going to have to stop.
But this parent is not taking no I don't believe I owe you anything for a answer & paper wise I've worded it wrong looking like I do owe her something
Just wondering if I can have some advice
During her email I did cave and say I'd give her back £100 but reflecting and checking again I simply don't owe her anything

[Pixie dust]

I didn't want to read and run but I don't really know what you can do, if it's worded as if you owe her the money then this parent is going to expect the money back and probably doesn't understand why you are saying no. Are you a member of Pacey as they have a helpline but as the contracts are signed they I expect they will go with what is written not what you are saying verbally.

[Mouse]

How long was the child with you? Is it possible to go back to the start date, write out a list showing exactly what was due each month and how much she paid in total, including the retainer and half fee for the final bill. You could do it that way to show that you don't owe her any money and that what she paid covered each month.

I would also contact your insurance company and go through it with them. It might be that they can back you up, or it might be that as you have made a mistake on the contract you will have to pay something back, especially as you have put in an email that you will give her £100. Do you have any emails from when the contract started stating that it was a retainer she was paying and not a deposit? That might help you.

[ChocolateChip]

I can kind of see why she thinks she has paid a deposit, as technically paying half of her last bill in advance is a deposit, to all intents and purposes.
If you can write it all out and clarify it as Mouse suggests you might be able to show how the fees and payments stacked up, but you might still have to pay back the £100 that you agreed to in the email.
Sorry, that's probably not what you wanted to hear

[FloraDora]

Such a difficult situation to be in, thinking of you.

Like Mouse suggests I would go to whoever insures you.
You need to find out legally where you stand, as we are not lawyers and don't have the wording in your contract or your email of a promise of £100. If they think you don't have to, they will word a letter for you to explain the situation.

I would advise to do it swiftly, the longer you are in dispute with this parent the more likely she will be discussing it with people which may not help your business / name in your community.

[bunyip]

I can kind of see why she thinks she has paid a deposit, as technically paying half of her last bill in advance is a deposit, to all intents and purposes.
If you can write it all out and clarify it as Mouse suggests you might be able to show how the fees and payments stacked up, but you might still have to pay back the £100 that you agreed to in the email.
Sorry, that's probably not what you wanted to hear

This is all going to depend on the precise wording within the contract (and possibly the invoices too.) This is where she really needs to get her insurer/legal team on the case.

I think the contract is going to need to be pretty darned clear that a retainer was chargeable. If it's at all vague, then there's room for the client to make a case that it's a refundable deposit, and consumer protection laws will tend to support the client.

It doesn't matter what Kittycat had in mind at the time of writing the contract: what will matter is what she put down on paper, even if that was a genuine mistake. Anything else would just lead to chaos, and you'd have a £4ph contract with CMs saying they meant to put £5ph, whilst mums claim they meant to sign for £3ph.

The email saying she'd repay £100 wasn't a good move, but might be no worse than an embarrassment. It will boil down to what the CM can charge, set against what's already paid.