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Daycare Center and Family Home Forum>Changed Fees Without Notice to Families
Unregistered 05:04 PM 06-16-2010
When I signed my son up for daycare in January and like at most daycars I signed a payment contract that stated tuition was $120 4-5 days a week and $85 for 1-3 days (but if enrolled full time you could only have five 1-3 day weeks). About a month after he began going there, the daycare got new owners, nothing was changed and it seemed to be a very smooth transition. Last week my son only attended school 3 days, and when I went to pay tuition, I had only $100 on me and the day care had only a $10 to give me back as change (vs. the $15 they owed me) so they said they'd put the extra $5 on my account and the following week I could pay $115 for the full week. I went to drop my son off on Monday morning and he was on the "late list" for being $5 under on his tuition.. which was obviously wrong. I spoke with the supervisor who is always there, and she remembered the situation from last week and said she'd handle it with the owner who does all the transactions and made the late list. Today, I paid my $115 to another employee and the supervisor caught me in the parking lot and explained to me that the owner said I was supposed to pay the full $120 for that week my son attended only 3 days. She said she always thought herself that 3 days was $85 but apparently the owner is saying 1-2 days is $85 and 3-5 being full tuition. I got pretty upset and said I never saw that in writing and never signed or even was told verbally the tuition change and refused to pay. After reviewing the new owners contract (which I was never prompted to sign when they took over) we saw that it doesnt state anything regarding tuition for 3 days. I still refused to pay the money I now owe for the difference between the $90 I paid and $120 tuition PLUS a $5 late fee.. and the supervisor politly told me she would attempt to call the owners wife to reason with her but they were stuck in their ways and wouldnt allow my son to come back to school until I paid. I have to go to work tomorrow at 6am so I have nothing to do but just pay in the morning so my son has someone to look after him because it was too short notice to work something out elsewhere. I'm hoping if its resloved it will get credited to my account. In my eyes it wasnt in writing and i wasnt even verbally told the change, but is it lawfully correct for them to add these fees I wasnt aware of and refuse to take my son back until I pay them? I would like going into this with some lawful knowledge.
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originalkat 05:37 PM 06-16-2010
It sounds like the supervisor (who I assume is the director) is aware of the situation and is on your side on the issue. If the new owners had any good business sense (In my opinion) they would have told the supervisor to follow through on the arrangement that was previously made with you and then told her to make you aware of the new change in contract and request your signature if you want to stay at that facility. All the parents should have been sent a new contract when the new owners took over outlining any changes and new contracts should be in every families' file. You should have had some notice (at least 30 days IMO) before these changes took effect.

I would have a copy of the old contract (if you have one) in hand. If they still do not agree, I would ask them to bring out the new contract from your file with your signature on it (which they obviously wont have). If they are organized enough to have a "Late Payment" list then they should be organized enough to have a "Needs to Sign New Contract" list so that they KNOW all parents are aware of the new policy. I hope that makes sense. If you get nowhere with the supervisor, ask to speak directly to the owners.

All of this is just my opinion (and from experiences I have had in situations like this when I was a center director/assistant director in centers serving
200+ children.) Good Luck! I hope it works out for you.
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Unregistered 05:40 PM 06-16-2010
It sure doesn't sound right but I'm no lawyer.

Find a new place for your child ASAP and then spread the word about this Childcare Provider. It sounds like they're only in it for the $$ so don't bother to give them notice. If the contract states you have to give notice and they want that enforced, they will have to abide by the original contract tuition. Make sure you are getting receipts when you pay cash.
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booroo 05:44 PM 06-16-2010
I have to agree with Kat.... I would also find a back up for monday and not take your child until it get figured out..

With no new contract, or notice of any kind, they would find it tough to collect in you..

Good luck
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Unregistered 05:58 PM 06-16-2010
thanks guys.
I saw the "new" contract, and it didnt state anything about the tuition being $85 for 2 days, or even 3 days. I cant find the copy of the contract I origionally signed so thats not going to work. The director is definatly on my side, she said she was on the phone with him for 45 minutes trying to resolve this issue, but apparently hes extreamly stuck in his ways. She said he never comes to the daycare its self, so I asked for his number, and she said he wouldnt answer unless its from one of the centers he owns, and she said it'd be pointless for her to even speak with him, so she's going to call his wife and give her a try. I have no choice but to pay tomorrow because my husbands in Germany until Monday, but we were planning to take next week off and do some fun stuff around town, so we'll definatly be finding a new center during this time!!! Its really a shame because my son loves it there and its much cheaper then any where else in my area for as good of care as it is. I just wish there was a way i could "stick it to the man" and just be like NO! I'm not paying and you're watching him get over it! but I wouldnt feel right doing that unless they agreed to it.
and I agree if they were smart theyd wave all the fees for this time since I was never told of the change (which apparently took place 5 months ago, and by the way i've paid 85$ for three days before, and i guess he didnt notice? shows how disorganized he is) and make me sign the new contract after they revise it adding the daily tuition rates.
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Janet 07:06 PM 06-16-2010
If you have a copy of your contract, bring it to the owners and show them. I think that since you weren't given any notice of rate changes, it's very uncool of the daycare to just drop it on your lap. I would think that a notice of 2 weeks absolute minimum woiuld be required for any tuition increase. If they didn't have you update your contract or at the very least, post a notice of increase, then you shouldn't be obligated to pay the higher rate. However, now since you know that the rate is higher, then you'll need to make the decision in regard to finding more affordable care or keeping your child at the current daycare and paying the new, higher price. Good luck!
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Crystal 07:19 PM 06-16-2010
If you are truly stuck, and NEED care Monday I would go ahead and pay it. BUT, put the facts in writing, addressed to the owners, make copies of your contract to deliver with the letter and take with you at drop off. Have the director sign a statement that she recieved the letter from you with the promise to deliver it to the owners THAT DAY. I would also email a copy of it to the Center's email, and CC it to yourself, and other other interested parties. Let them know that unless this matter is resolved immediately, you will be filing a complaint with licensing and perhaps pursuing a small claims case.

Then look for another program and give your notice. No way I'd want to continue a business relationship with shady business owners.

Good luck.
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Tags:honor commitments, new owner operator
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