NCMA / Deposit Concerns

Pipsqueak · 10-06-2010, 08:33 AM

Following on from my other thread - I rang the legal line to ask for advice re the deposit:

you aren't gonna believe this:

BECAUSE the contract hasn't started its not valid - basically because I haven't provided care yet then the full deposit is supposed to be returned.

**Kes** · 10-06-2010, 08:36 AM

Then whats the point of the deposit I always thought it was to keep their place open then if they let you down you keep it.

**WibbleWobble** · 10-06-2010, 08:37 AM

Originally Posted by Kes

Then whats the point of the deposit I always thought it was to keep their place open then if they let you down you keep it.

i thought that too!

or am i just stupid?

mandy xxx

**miffy** · 10-06-2010, 08:38 AM

Noooooooooooooo! (shakes head in disbelief!

)

So, exactly what is the point in doing the contract and taking a deposit?

You know what, I think I'd "forget" I'd asked the question!

Miffy xx

**sarah707** · 10-06-2010, 08:42 AM

How odd.

I always understood that if the parent decides they don’t want the place, the childminder keeps the deposit money.

That's what I have read in various places including books / articles on the subject written by childminders.

Would you get a different answer from someone else do you think?

Hugs xx

**angeldelight** · 10-06-2010, 08:43 AM

Confused

I really dont get this

Angel xx

moogster1a · 10-06-2010, 08:54 AM

This is exactly why I encourage people to go with MM.
NCMA don't know their a**e from their elbow when it comes to the legal side,
Ignore them, tell the parent the deposit is non-refundable, and if they want to take you to county court good luck to them!
As a matter of interest, someone with MM should 'phone with the same scenario to MM's helpline and see what they say. I can guarantee it won't be the rubbish NCMA came out with. ( sorry, but I'm off to pick up lo then playgroup or I'd do it!)

**dobby** · 10-06-2010, 08:43 AM

sorry but that sounds wrong from a legal standpoint. With any other business if you pay a deposit then you lose it should you no longer want the service. Its entirely down to the descretion of the business wether they wish to make a refund for goodwill.

Perhaps its worth contacting the CAB for advice - or why not phone NCMA as a parent and see what they say?

**miffy** · 10-06-2010, 08:51 AM

OK so this may be out of date but it would be nice to know when NCMA changed their minds - taken from the 2007/08 NCMA handbook

"Deposits
A deposit is usually a one-off amount paid by parents to show their intention of taking up a place. It may be refunded by being deducted from the fees once the childminding arrangement begins. NCMA recommends that you take a deposit when parents sign the contract

A deposit is not usually returned to parents if they decide not to take up the place. If you cannot offer the place as agreed, or you vary the terms and conditions without the agreement of the parent, then the deposit should be returned to the parent in full. Details of the deposit should be included in the contract."

Bits in bold are me not NCMA!

Miffy xx

**Mouse** · 10-06-2010, 08:54 AM

This is what it says on the NCMA website in the Info for Parents section:

A deposit is a one-off payment from parents to show their intention to take up a childminding place. It is usually refunded to parents by being deducted from the fees once the childminding arrangement begins.

The deposit is not usually returned if you decide not to take up the childminding place. However, if the childminder cannot, for some reason, take on your child as previously agreed, they should refund the deposit in full. Details of the deposit should be included on the contract.

**miffy** · 10-06-2010, 08:58 AM

Originally Posted by Mouse

This is what it says on the NCMA website in the Info for Parents section:

A deposit is a one-off payment from parents to show their intention to take up a childminding place. It is usually refunded to parents by being deducted from the fees once the childminding arrangement begins.

The deposit is not usually returned if you decide not to take up the childminding place. However, if the childminder cannot, for some reason, take on your child as previously agreed, they should refund the deposit in full. Details of the deposit should be included on the contract.

So it hasn't changed then?

Pip, it sounds as though you've spoken to someone who doesn't know what they're talking about or they got the wrong end of the stick!

Perhaps you should call again and quote them their advice!

Miffy xx

**wellybelly** · 10-06-2010, 08:54 AM

I always assume a deposit is a deposit regardless of the NCMA. Parents go along with this as they would if they were placing a deposit for a new car for example. Is it worth calling the NCMA to see if someone different answers and gives you different information?

**Mollymop** · 10-06-2010, 08:59 AM

I think you have been told a load of rubbish!!

Give them a ring back and ask someone else. It must be wrong!!

**The Juggler** · 10-06-2010, 09:32 AM

Originally Posted by Pipsqueak

Following on from my other thread - I rang the legal line to ask for advice re the deposit:

you aren't gonna believe this:

BECAUSE the contract hasn't started its not valid - basically because I haven't provided care yet then the full deposit is supposed to be returned.

B****cks. Take no notice. Where else would you expect to get a deposit back. It says IN WRITING non-refundable deposit. Pip I've been chewing Richard Aris' ear off about this and how unsupportive the legal line are. Ring him and tell him this is the final straw. What ARE we paying our money for if even whats in writing in a signed contract means nothing

Pipsqueak · 10-06-2010, 09:34 AM

Originally Posted by The Juggler

B****cks. Take no notice. Where else would you expect to get a deposit back. It says IN WRITING non-refundable deposit. Pip I've been chewing Richard Aris' ear off about this and how unsupportive the legal line are. Ring him and tell him this is the final straw. What ARE we paying our money for if even whats in writing in a signed contract means nothing

Have you got a number for him Juggler

**The Juggler** · 10-06-2010, 09:54 AM

Originally Posted by Pipsqueak

Have you got a number for him Juggler

let me have a look hon, need to check my e-mail

**The Juggler** · 10-06-2010, 09:57 AM

no phone number but here is his e-mail. He and I had loads of correspondence then he got the legal people to call me. They called once, I missed their call. I called back and left a message but they never tried again

I complained about advice given to one of our members. He told me clearly (after speaking to the legal team) that the advice she was given would never have been given out by them. I told him that it had been. The forum member spoke to him direct after that.

Pipsqueak · 10-06-2010, 10:25 AM

Great I have just had mum and the grandma on the doorstep screaming at me that I am a robbing b and that I steal, tehy are going to be taking me to court etc etc - all in front of my mindees . I am really shook up - did end the conversation and told the mum I wold ring her at 6.30 tonight.

Rang NCMA back and they are insistent because the contract hadn't started yet and that I offset the deposit against the fees then yes I should give it back. But because I have ticked non-refundable and parent has signed I could use this clause if parent sues me.

I have had enough of this blooming marlakry. Am going to look for another job. I am SOOOO sick of this