Oh please help :o(

[PinkFairy24]

So sorry this is long

Am new to childminding and am not officially starting until the middle of April when I finish paying back my maternity leave. This works brilliantly for me, as I am working five days a week but have two annual leave days a week so am only in work Tues, Wed and Thurs. I am able to be with my daughter Monday and Friday! :)

A friend passed my details onto another friend to look after her daughter one day a week. This was ok as it was on a Monday so I was able to get some experience in!

Mum signed a NCMA contract agreeing to have a 4 week deposit where either of us could back out at any time if we changed our mind. I took the deposit on the understanding that I would be able to keep it if she cancelled within that time.

The mindee came for 3 weeks and it was ok! The last week mum cancelled as I texted her saying that my daughter was a little sniffly and it was up to her if she wanted to drop her daughter off or not, she decided not to as her daughter had been unwell a few days before and didn't want to chance it. This is ok, I didn't charge her for that week as I did say first that my daughter was unwell.

The night before she was to come for the fifth week mum phoned and said she wasn't happy as she wasn't settling. Mindee is very close to mum and doesn't settle anywhere but I was upset as it was my first child :(

Mum has given me a cheque for the deposit and has paid through childcare vouchers for the 3 weeks I charged her. I was going to give her deposit back and she is now asking for it. My husband thinks I shouldn't give it back as she phoned and told me about cancelling at the end of 4 weeks, but isn't the last day still including and she can cancel? He thinks that she needs to give 4 weeks notice and I can keep the deposit to pay for that?

Oh please help, I don't know what I am doing :blush: :(

[Katiekoo]

Did you stipulate the deposit would be non refundable? It sounds like you did, in which case just remind her of what was agreed. I'm not brilliant at deposit stuff, hopefully someone who is will be along soon.
Did you say you are in the process of registration?

[donnamarie2]

Hi, on the back of ncma contracts it has a bit where it states the settling in period where any side can walk away mine is 4 weeks , did you fill in the dates and also the date when your full contract comes into force?
You will have to look at the dates and if the date she cancelled was in the settling in period she doesn't have to give notice and you should refund deposit if that's what you discussed, if it was when the contract came in then you keep the deposit and she does the agreed notice.
If you haven't done that bit as it was on the last day of the week i would prob give her deposit back as she may argue the proper contract didn't start till the monday.sorry can't be more help but that 's what id do . good luck x

[PinkFairy24]

Thanks, no I am registered, just working for three months to pay back my maternity leave! Almost finished though, 5 weeks to go!!!

[Chatterbox Childcare]

How is the front page worded with regards to deposits and on the second page under fees where is says are deposits refundable?

It is all down to the wording that you have done

[The Juggler]

A deposit is non-refundable if the place is not taken up after signing contracts. It's there to book a place and protects against non-payment if contract doesn't start or where no payment is made for notice or some other point during the contract. The clause that you put in your contracts which means you could both end things at any time in the 4 weeks refers to not having to give notice NOT to you having to repay the deposit.

However, having said that most minders either offset the deposit against the first months fees or keep the deposit and offset against the last months fees or the notice period. As she has already paid you for 3 weeks on top of the deposit and as you have given her a notice free 4 week settling in period, then in my view I think you would have to return the deposit hon.

However, maybe I've got it wrong. Hope someone with more clarity will come along in a bit. :(

[PinkFairy24]

Thanks for all the replies!

I have emailed mum back as she emailed me first and said that the date on the contract was 4 Mondays. It was confusing as she was counting in weeks I think, but as I only took her on a Monday that was what we decided in writing on the contract, with the end date being 4 Mondays later.

As I am new and she is as well in getting childcare I have offered to go halves with her and give half of the deposit back. This is because I want to stay on good terms with her, we have already been invited to the mindees birthday party and I want to stay friendly.

She hasn't emailed back yet but hoping it all goes ok.

If a mindee only comes once a week, do you work out the end of the settling period as the fourth day you look after them and put the contract date as this? Or do you work it out in weeks, the NCMA does it as from and to not in weeks so it was confusing.

Thanks, love Claire X x X

[PinkFairy24]

Sorry forgot to say, I am taking the deposit as her four weeks notice

[donnamarie2]

Thanks for all the replies!

I have emailed mum back as she emailed me first and said that the date on the contract was 4 Mondays. It was confusing as she was counting in weeks I think, but as I only took her on a Monday that was what we decided in writing on the contract, with the end date being 4 Mondays later.

As I am new and she is as well in getting childcare I have offered to go halves with her and give half of the deposit back. This is because I want to stay on good terms with her, we have already been invited to the mindees birthday party and I want to stay friendly.

She hasn't emailed back yet but hoping it all goes ok.

If a mindee only comes once a week, do you work out the end of the settling period as the fourth day you look after them and put the contract date as this? Or do you work it out in weeks, the NCMA does it as from and to not in weeks so it was confusing.

Thanks, love Claire X x X

Hi, sorry i said it was on the back but it's on the front!!If i was taking someone one day a week (mon) then the settling period would be 4 mondays and my full contract date would be the monday after.As my settling period is 4 weeks .eg in dates settling in period from7th march 2011 to 28thmarch 2011 date of full contract 4th april 2011.

[Blaze]

:blush: Sorry mis-read post!