View Single Post
EntropyControlSpecialist 10:44 AM 02-05-2013
Originally Posted by MarinaVanessa:
Wow, just wow. I thought about what I would do in this situation and simply because taking this client to court can be time-consuming and in some cases pricey I would attempt to get the funds from her one more time before going to court. I would send her a serious and firm letter via certified mail and ignore all further phone calls or in-person communication. All communication from then on should be in writing.

I would reiterate all of the things that happened and since she is asking for "missing" items I would ask to recover all expenses that I spent in supplies that she should have been responsible for. If I didn't have receipts (and if I bought these items at big stores like Target, Walmart etc.) you can bet your bottom dollar that I would be looking at my bank statements for purchases made in the store that I bought the supplies from and going to the store and asking them to look up and give me copies of my receipts (it can be done in most big chain stores sometimes up to 2 years after your purchase but only if you paid with a card or check, cash purchases are virtually impossible to track down).

I personally would go after late payment fees and court costs also if those were in my contract. Based only on what the the OP wrote, I would write a letter (mainly to show in court that I did attempt to fix this issue before going to court) and send it via certified and this is how my letter would go...


(two copies typed, one copy mailed by certified postal mail to DCP)

Dear DCP,

On [date] you began to bring your child to me for child care with an agreement that you, as the parent, would supply all necessary supplies for your child such as formula, bottles, clothing, diaper cream, diapers, wipes etc. By [date] the diaper cream and wipes were used up and you were notified that those supplies were needed, I however did not receive those items. Being that those items were necessary items I went out and purchased those items at my own expense. On [date] I attempted a renegotiation in child care fees to include the cost of the supplies that you as the parent had stopped supplying and you chose to find child care elsewhere.

On [date] I returned all of your child's belongings as well as your final bill in the amount of $***.xx. On [date] instead of your final payment I received a list of items belonging to your child that you now claim are "missing" and lost at my home and notified me that I would not receive my final payment until these items were returned to you.

Those items that you claim are lost are included below:
  • 3 missing socks
  • 1 T-shirt
  • 1 small toy car
  • 1 missing bottle
  • 1 Package of diaper cream
  • Baby wipes

As you already know, the diaper cream and baby wipes were all used up during diaper changes for your child during the time that your child was in my care. I asked you for replacement supplies which I never received which I then went out to purchase myself at my own expense [if you have bank statements I would add: in the amount of $X.xx] and therefore will not be replaced by me. It was your responsibility as a parent to supply these items once they ran out which you did not and I was forced to purchase those supplies at my own expense.

As for the other "missing" items that you claim are lost, I have searched for them and they are not in my possession. I still however offered replacements for these items, which you refused to accept. You wanted the exact items you claim are missing returned to you and will not provide me with my final payment until those items are returned.

Because the items are not in my possession and due to you refusing replacement items and because those items were in used condition I am now offering you a credit of $2.50 for those items based on the IRS Fair Market Value of gently used items.

In addition, I am also billing you for the additional amount of $XX.xx and adding that to your final payment to cover the cost of the supplies that I purchased for the care of your child which, as per our agreement, you were required to provide.

This brings the balance of your final payment to $***.xx.

Your final payment is due [5-7 days from the date that you mail the letter out] no later than 6:00 p.m. On [today's date] I will be going to the court house to pick up court documents for a small claims case. If payment is not received when due I will be filing a small claims case against you on [DATE: the day after her final payment is due] for the amount of which I am owed. Your account will also be sent to collections and you will also be reported to ProviderWatch, a national debt reporting agency catered to child care providers.

No further negotiations will be accepted and all further forms of communication will be required in writing either through certified mail or e-mail. Your immediate attention and action is required.

Sincerely,
You Pissed Off The Wrong Provider
[your address]
[your email]

Attachments included with this letter:
- A copy of the list of written items provided to me by DCP.
- Itemized list of credit for items the DCP claim are "missing" and supplies which I purchased for the care of your child.
- A copy of my receipts/bank statements as proof of the cost of the diaper cream and baby wipe expense.
-[A copy of the Charitable Donations Valuation Guide
- A copy of the contract agreement.

--------------------------------------------------------------------------
[attach a photocopy of the list that she wrote even if she wrote it on a small piece of paper, keep the original]
--------------------------------------------------------------------------

Credit for items [DCP] is claiming are missing:

Item Credit Given
3 missing socks (used)** $ .66 ($1.29 if 3 pairs are missing)
1 T-shirt (used) $ 1.00
1 small toy car (used)*** $ .30
1 missing bottle (used)**** $ .54
Total Credit Given for Items $ 2.50 ($3.13 if 3 pairs of socks are missing/not 3 individual socks)

*Prices are based on the fair market value of used items that the IRS allows you to deduct for gently used condition. To determine the value of an item not on the IRS Fair Market Value Price List the suggested 30% of the item’s estimated original price was used to reflect its fair market value.

** Sock value based on Target's regular price of Hanes Infant/Toddler Boys 6-Pack Ankle Socks $8.49. $8.49/12 individual socks per pack = $.71 per sock. 30% of original price = $.22 per sock. $.22 x 3 socks = $.66. (If you mean that 3 pairs of socks are missing then the it should say .... $8.49/6 pairs per pack = $1.42 per pair. 30% of original price = $ .43 per pair. $ .43 x 3 pairs of socks = $1.29).

*** Toy car value based on Target's retail price of $1 for Hotwheels single car.

**** Bottle value based on Target's retail price for Evenflo Standard Nipple 8 Oz Bottle $1.79.

Items Purchased By Child Care Provider Which Requires Reimbursement

Date Item Amount
1/17/13 Huggies Baby wipes 56 ct. $ 1.97
1/17/13 Desitin Diaper Rash Ointment 4oz. $ 4.84
12/11/12 Huggies Baby wipes 56 ct. $ 1.97
11/15/12 Huggies Baby wipes 56 ct. $ 1.97
10/22/12 Huggies Baby wipes 56 ct. $ 1.97
Total amount required to be reimbursed $12.72

-------------------------------------------------------------------------
[Photocopies of all of my receipts or bank statements showing these purchases with personal information blacked out]
-------------------------------------------------------------------------
[Photocopy of the part of the contract the she signed that says that she is responsible for supplying those items]
-------------------------------------------------------------------------
Absolutely do this. How horrible that you had to interact with a person such as this!

I require a "deposit" that pays for the child's last two weeks in my care. It will ONLY be applied if they give a written two weeks notice. I was stiffed as well.
Reply