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Parents and Guardians Forum>Provider Claims To Not Have Received Notice Letter
guinea 07:17 AM 11-04-2013
Hi. I stumbled in here from Google, searching for laws governing time requirements in returning deposits (cause I know there are for when you rent a house/apartment). I'm in Virginia, if that makes a difference.

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So, I gave our pre-school more than the 30-day notice required per the contract that we were leaving the school. I was told we'd receive our deposit back within 6 weeks.

That didn't happen.

When I called I was told that there was a computer glitch and the information was lost about which parents they owed deposits to, so they were just waiting for people to call in to let them know.

For real?

So I call again, 2 months later, and am told that the director doesn't have a 30-day notice from us... (i.e. I don't get my deposit back).

I hand delivered it to the owner, but she says she doesn't remember. I have no other proof except my copy of the letter. It's dated and everything, but it doesn't prove they actually received it. There was no one else in the room when I gave it to her.

The staff turnover is insane. There have been 3 "greeters" and 2 admissions directors since we left. All the people I've spoke to on the phone about losing lists, when I'll get my deposit back, etc., are no longer employed there.

Small claims court? It's my word against hers.
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Blackcat31 08:30 AM 11-04-2013
I would send a demand letter stating you want the deposit back by xx date or you will be filing with small claims courts.

I know it's your word against hers but what makes her word any more credible than yours....kwim?

If you turned in a notice and followed that notice (attended/paid until that time/date) then it shows you DID what you are saying you did....which was provide notice.

It isn't very professional to claim that she doesn't remember but unless she has a form required for withdrawl (so she'll have proof) then that is her issue not yours.

I assume you can show you are paid up and aren't owing any fees to the center?
(A lot of times deposits are used for the last days in attendance)
If so, you should receive your deposit back.

Send a written request. I'd send it certified so she (Director) can't say she didn't get it and if they don't return it, file with small claims court.
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guinea 09:22 AM 11-04-2013
Yes, I'm all paid up and the deposit wasn't put towards the last month. The previous daycare we went to did that but when I asked this one they said they didn't. When I called back initially, after the 6 weeks came and went, I was told that my account had a zero balance. Funny that the computer glitch would erase who they owed money to, but not how much was owed to them.

I had them print out that balance sheet showing all charges and all payments.

I wish I'd communicated more via email so I had more evidence.

You're right, her word shouldn't be any more credible that mine... I was thinking that since it's such a large center, an outsider would think it more likely that a parent would lie to get their deposit back than a center would try and use a technicality to get out of it since it's just exactly what you said - extremely unprofessional. And likely to get them bad word-of-mouth advertisement.

Thank you for the advice, I think I'll do just that.
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Unregistered 05:49 AM 01-15-2014
I am removing my infant from his current daycare because of 2 health-related incidents that occurred in the last 2 weeks. I am not providing 2 weeks notice, as I don't think I should have to since I don't feel my baby is safe when in the "care" of the new "teacher". I expressed my concerns after the first incident, and the second incident happened his very first day back at the center. Can they do anything to make me pay?
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Blackcat31 06:50 AM 01-15-2014
Originally Posted by Unregistered:
I am removing my infant from his current daycare because of 2 health-related incidents that occurred in the last 2 weeks. I am not providing 2 weeks notice, as I don't think I should have to since I don't feel my baby is safe when in the "care" of the new "teacher". I expressed my concerns after the first incident, and the second incident happened his very first day back at the center. Can they do anything to make me pay?
Depends on what your contract says and what exactly the "health-related" issues are.

Lots of variable in this situation so there is no clear cut answer.
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