Held deposit query? Help!

Firstly the contracts we signed are Pacey, we paid £50 deposit each for 2 children. The CM has ticked the 'held deposit'. The CM has given us 4 weeks notice of termination and all our fees are paid up to date. I have asked for the held deposit to be returned but we have been told no. I have relayed back that it states in the contract that it should be returned if fees are all paid, which they are, but we are still being told no.
Where do I stand with this? As far as I have read on point 8 of the definitions, it should be returned. Can this be reported to PAcey themselves, will they help with this matter? It's too late to ring them now but I just wanted a bit more information.

Many thanks,

To clarify- have you paid, in full, the fees up to the last day of care (4 weeks from date of notice given)?

Quote:

Originally Posted by Busymummy321

Firstly the contracts we signed are Pacey, we paid £50 deposit each for 2 children. The CM has ticked the 'held deposit'. The CM has given us 4 weeks notice of termination and all our fees are paid up to date. I have asked for the held deposit to be returned but we have been told no. I have relayed back that it states in the contract that it should be returned if fees are all paid, which they are, but we are still being told no.
Where do I stand with this? As far as I have read on point 8 of the definitions, it should be returned. Can this be reported to PAcey themselves, will they help with this matter? It's too late to ring them now but I just wanted a bit more information.

Many thanks,

I'm assuming this is one of the recent(ish) versions of Pacey contract stationery : version 06/11 or v04/14.

IIUC the £100 is being held as a 'payment deposit', the purpose of which is to ensure the childminder (CM) does not incur any loss through a client leaving any unpaid bills.

If that is the case, and if you ensure you have paid all outstanding fees up to and including the final day of the arrangement plus any other charges, then you should be entitled to have the deposit returned on or before the last day of care.

It would be worth getting a fully itemised statement of any outstanding charges the CM believes you may owe.

In any dispute, you would be expected to speak with the CM to clarify the facts as you see them, and to seek a mutually-agreeable resolution. It is also good to get a few basic points down clearly in writing on both side. If you end up pursuing this as a 'small claim', then this will be expected as a minimum preliminary. You should state in a letter to your CM that you believe you are entitled to the deposit back in full, as per note 8 to page 2 of the current contract terms. Ask that, if the CM refuses/disputes your claim, s/he provide the reason for retaining the deposit in writing.

I would not advise that you contact Pacey directly. They are frequently happy to answer parent's questions about childcare in general, but I think they would deem it inappropriate to do so in the case of a contract dispute. If s/he is a Pacey member, then your CM is a de facto client of Pacey's legal support team, who would represent her/him in any dispute. If they advised you in any way, that would constitute malpractice as there is a clear conflict of interest. In short, a legal representative is not allowed to give advice to both sides in an argument.

You should seek advice from the Citizen's Advice Bureau and/or a private solicitor.

Hope this helps, and you get a swift resolution.

Has the childminder said why she said no?