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

**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?

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

Confused

I really dont get this

Angel xx

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OK so this may be out of date but it would be nice to know when NCMA changed their minds - taken from the 2007/08 NCMA handbook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

**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?

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!)

**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

**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!!

**Hebs** · 10-06-2010, 09:19 AM

IF it's not wrong i think we need to start a petition for change,

OR

I'm going to start billing my parents for the cost of my NCMA membership as it seems to offer more protection to them than us minders

Pipsqueak · 10-06-2010, 09:19 AM

This was the legal department. I have argued all the points you have raised.
I have rang NCMA back and expressed my discontent and the supervisor of membership is 'looking into it' and will ring me back.

So so hacked of

**Blaze** · 10-06-2010, 09:23 AM

Pip - whoever you spoke to are wrong...stop stressing - ring ' write to her & tell her the money is non -refundable as per contract - & if she gets shirty tell her you are a business, not a charity & turned work away to accept her LO, so you are now seriously out of pocket because she changed her mind (which she is perfectly entitled to do) - but the deposit is NON -REFUNDABLE & she signed & agreed to this!!!!!!

**angeldelight** · 10-06-2010, 09:24 AM

Originally Posted by Pipsqueak

This was the legal department. I have argued all the points you have raised.
I have rang NCMA back and expressed my discontent and the supervisor of membership is 'looking into it' and will ring me back.

So so hacked of

Dont stress pip

I am sure you will sort it out

Wrong information given again hope they call you back soon if not call them every hour so they get fed up of you ha ha

Good luck with this

Angel xxx

**Blaze** · 10-06-2010, 09:25 AM

Originally Posted by Pipsqueak

This was the legal department. I have argued all the points you have raised.
I have rang NCMA back and expressed my discontent and the supervisor of membership is 'looking into it' and will ring me back.

So so hacked of

The NCMA legal department are trainee solicitors who most haven't even finished completing their law degree yet (I'm not being bitchy - it's fact)!