cancelled place now they want deposit back?!

**Katherine** · 02-09-2010, 10:57 AM

Hi, I had someone give me a deposit in March for 3 children to start this October, they just gave me the 4 weeks notice so they are no longer starting in October as the mums job fallen through, but now they want the deposit back?! Are they having a laugh? What do I say?

**cuffleygirl** · 02-09-2010, 11:07 AM

Was the deposit amount clearly marked as non-refundable on the contract? If so send them a copy, even if not it is a deposit which holds a place, for whatever reason the place is no longer needed - therefore they forfeit their deposit - tough do do!

Are are NCMA or MM - I know the NCMA contract says something about deposit and 12 weeks which March to October is obviously longer than - check your small print.

**snufflepuff** · 02-09-2010, 11:12 AM

NO! If you had cancelled the place you should give the deposit back, if they cancel the place you keep it. Whats the point in taking a deposit otherwise???

aly · 02-09-2010, 11:25 AM

You would think that would be the case, but Pipsqueak had a problem about this and ncma says we should refund...but its still up in the air.

http://childmindinghelp.co.uk/forum/...ad.php?t=60690

**Katherine** · 02-09-2010, 11:51 AM

OK thanks ive emailed her to say its non refunable etc. and will just wait and see if she wants to take it further and deal with that if it comes to it, what a nightmare, I use the MM contracts and it doesn't mention the deposit! I will add it in next time and make it more clear. I hope she doesn't take this further this mess has caused me so many problems already I dont think my nerves could take it!

**AliceK** · 02-09-2010, 01:33 PM

If it is clearly stated that the deposit is non-refundable if they change their mind then they cannot claim for it back. If it wasn't clearly written and signed then they might just have a claim.

xxxxx

**Chatterbox Childcare** · 02-09-2010, 01:46 PM

How is the contract written? Mine state "non refundable" or did you have a retainer?

**Katherine** · 02-09-2010, 02:01 PM

Hi, its doesn't say anything about the deposit in the contract - the MM ones - It wasn't a retainer just a deposit to hold the place and I said it would be taken off the 4 week notice period. I don't know who would win in court but I know morally I am in the right and if she takes this further she will be making both our lives difficult as we have children the same age who will be going to the same school. I will make sure in future I have this properly covered in the contract to stop a******s trying to con me.

**AliceK** · 02-09-2010, 02:12 PM

Originally Posted by Katherine

Hi, its doesn't say anything about the deposit in the contract - the MM ones - It wasn't a retainer just a deposit to hold the place and I said it would be taken off the 4 week notice period. I don't know who would win in court but I know morally I am in the right and if she takes this further she will be making both our lives difficult as we have children the same age who will be going to the same school. I will make sure in future I have this properly covered in the contract to stop a******s trying to con me.

I'm with MM too and I have a seperate sheet for deposits which both myself and parents sign saying that the deposit is non-refundable if parent doesn't take up the place. Good luck. Have you called MM and asked them. They are pretty good.
Good luck

xxxx

**little chickee** · 02-09-2010, 02:24 PM

it doesnt really matter wheter you have stated non refundable or not as by definition thats what a deposit means.

Its a down payment as a guarantee that a person will return to pay the full amount. If they do not return the deposit is kept by the seller (or cm in this case).

**Katherine** · 02-09-2010, 02:34 PM

I hope your right this is like a big weight hanging over my shoulders and I am angry and gobsmacked that they have even had the cheek to ask for it back quite honestly. Thanks for everyones advice x

**snufflepuff** · 02-09-2010, 03:28 PM

I agree that she's got a cheek asking for it back. She wouldn't ask for the deposit back if she cancelled a holiday!

**Chatterbox Childcare** · 02-09-2010, 03:32 PM

I would go to MM and get the legal advice from the horses mouth and then you have a name and contact number of "your solicitor" for her to have contact with.

**Katherine** · 02-09-2010, 08:43 PM

She has now come back and said she wants half the money back as her work have done this to her saying its not her fault bla bla, I will speak to MM tom, she was such a nice lady too! Im just going to try and not let this get to me, I think she is taking all her s*it out on me,

**Daftbat** · 02-09-2010, 09:52 PM

In my contracts which are my own , not NCMA etc. I state that a deposit can only be refunded if the notice period stated is provided. I think its fair enough to refund so long as sufficient notice is given.

**jadylasa** · 02-09-2010, 10:20 PM

HER job fell through...why should that effect YOU? She wouldn't go to tesco and say she was only paying half the price of a loaf of bread as her job fell through! she had an agreement with you, if she had any decency she wouldn't put you through this. Good luck hun. xx

**em29** · 03-09-2010, 05:52 AM

I would say that she knows she is in the wrong which is why she is now asking for half back! If you thought you were in the right you would demand the full amount!
You have kept a space open for her, she does not need it - hard luck! These people just really do not understand that our contracts are REAL!

**The Juggler** · 03-09-2010, 06:55 AM

Originally Posted by jadylasa

HER job fell through...why should that effect YOU? She wouldn't go to tesco and say she was only paying half the price of a loaf of bread as her job fell through! she had an agreement with you, if she had any decency she wouldn't put you through this. Good luck hun. xx

or a holiday, a car or anything else for that matter. A deposit is just that

**Mookins** · 03-09-2010, 08:37 AM

keep us posted hun...best of luck although im sure you will be sorted
xxx

**Alibali** · 03-09-2010, 01:23 PM

You had told her that the deposit would come off her notice period, and she is now giving notice, so that deposit will be used for her 4 weeks notice, therefore you do not need to refund.