So this is a first. We took our LO out of daycare for 5 weeks due to illness. As agreed with provider we paid full fees for 4 weeks. Out of nowhere providers says they cancelled contract and will not refund the "holding" money claiming two week notice. Advice? Seems very unethical, rude and unfair. We are out $400 now.
daycare123 05:16 PM 03-04-2013
did they give a reason for cancelling contract? Did your child return to daycare after the 5 weeks missed due to illness?
Willow 05:22 PM 03-04-2013
As long as you did nothing to breech the contract the provider cannot just cancel it and keep the two weeks holding money.
Let the provider know that you expect to be refunded the two weeks holding or you'll be taking her to small claims court.
There was no reason given and our LO never went back. This happened in the 4th week of paying in full. We expected her to be back in the 5th week.
Problem with small claims is that it still costs like $200 just to bring a case to court and lots of time, etc. And if we don't win, even more $$$ out of pocket. Although I'm pretty sure we are in the right and provider is in the wrong here. Provider won't budge.
Meyou 02:10 AM 03-05-2013
If she gave you 2 weeks notice in the 4th week of care then she should have provided care for weeks 5 and 6 unless I`m reading something wrong.
Willow 07:12 AM 03-05-2013
Originally Posted by LOTY:
There was no reason given and our LO never went back. This happened in the 4th week of paying in full. We expected her to be back in the 5th week.
Problem with small claims is that it still costs like $200 just to bring a case to court and lots of time, etc. And if we don't win, even more $$$ out of pocket. Although I'm pretty sure we are in the right and provider is in the wrong here. Provider won't budge.
Where do you live?
Filing a claim in small claims court runs $25 in most states. Takes 5 minutes to file, they give you a court date, and the hearing takes less than a half hour. All you'd need to bring is a copy of the providers policies and your receipts. You can ask to recoup the $25 and will more than likely get that back too.
KnoxMom 07:36 AM 03-05-2013
Originally Posted by LOTY:
There was no reason given and our LO never went back. This happened in the 4th week of paying in full. We expected her to be back in the 5th week.
Problem with small claims is that it still costs like $200 just to bring a case to court and lots of time, etc. And if we don't win, even more $$$ out of pocket. Although I'm pretty sure we are in the right and provider is in the wrong here. Provider won't budge.
This is completely unethical. Give up the fee now and you'll get it back in your judgment. Also, contact your local law advocate office to see if you qualify for any free counsel. Good luck!
MyAngels 05:04 PM 03-06-2013
Originally Posted by Willow:
Where do you live?
Filing a claim in small claims court runs $25 in most states. Takes 5 minutes to file, they give you a court date, and the hearing takes less than a half hour. All you'd need to bring is a copy of the providers policies and your receipts. You can ask to recoup the $25 and will more than likely get that back too.
Court fees vary widely nationwide. Our small claims filing fee ranges from $81-$231 depending on the amount you are suing for. Our service fees start at $50.