To request a refund from childminder as paid twice for notice period?

[diamondlil]

Please bear with me, this may be a long explanation but I do need your opinion!
My new CM moved house after I had been using her for one month. As her new home is too far away, I gave her 4 weeks notice to end the contract. I had paid her for the month just before giving notice (as it was a standing order) and had also paid her a months deposit at start of contract to cover final month fees. So I had paid twice for final month...and asked for a refund. She did not take this well and begrudgingly offered me half of it - which I would have accepted as I didn't want any conflict.

BUT she didnt pay me back anything. Its been two months, I've called her but she won't answer my calls, I've left a few messages asking her to call, saying if she wants to pay me next month fine etc but she has not responded.
Now, I'm advised to send a letter telling her if she doesn't repay me, I will have to go to small claims court...

I am so disappointed in her as she is a professional CM with other children in her care, and even the NCMA have agreed with me that she should refund me.
I am struggling to work and pay for cc like everyone, and had to take an overdraft to pay my new cc fees because of this...
But she is part of the local community and her child is at the school I hope to send my dd to so I feel anxious about an ongoing dispute.
What should I do? Go to the small claims? Just let her keep my money? (its a months fees so it's a significant amount, to me at least). Sigh...

[ramonaquimby]

of course she shouldn't keep the money! follow it up with a phone call, then letter saying you'll go through small claims to get it.

[ramonaquimby]

(but if she's too far away now - how can you be wanting your kids to go to the same school?)

[diamondlil]

The school's local to me but she drives her child there now. She moved to the next borough (too far to walk to so during the notice period I had to drive to her new house, pay to park my car nearby, commute to work, then collect dd and drive home).

[tiggerlovestobounce]

She should pay you the money back. I would go ahead with the letter threatening small claims court and then follow it through if you dont get the money back.
I wouldnt worry about burning your bridges, as you cant trust her again anyway.

[diamondlil]

Thank you both, just getting supportive comments makes me feel better about my position - I've never chased someone for money and am quite stressed about it.

[lalalonglegs]

Could you also lodge a complaint through the NCMA and, if she is registered, the local authority?

Did she not tell you about the move when you started with her? It seems very sudden.

[diamondlil]

The NCMA don't take complaints, they sent me to OFSTED but they won't take complaints that are 'contractual' (i.e. money), only to do with the level of care.
She told me she was moving about 10 days beforehand...said she thought it had 'fallen through' but was suddenly back on...I know, sounds dodgy and she should have warned me if it was a possibility.

[Reallytired]

I think the small claims court is your only option. You could also sue her for any additional expenses incurred. She should have given you a months notice of something as drastic as a change of premises.

Also when you picked her I suspect you chose her for her house. Has her new house been registered with OFSTED?

[Numberfour]

don't let her get away with it. she gives other decent CMs a bad name.

take her to the small claims court after writing her a letter that that is what you intend to do should you not be repaid the amount by date xxxx. give her 7 days to repay. stick to the dates, the issue an online claim for what she owes you. google Money claim online

good luck

[TheOtherMaryPoppinsDiets]

As numberfour - take her to court, it's a relatively easy process. CM like this give us good and honest CM a hard time

[LIZS]

Agree with others - send a letter by recorded delivery asking for your money in full by a specific date otherwise you proceed to small claims. It isn't an arduous process and just the idea may spur her into action.

Did you know she intended to move before your dc started as agree she should have given you a month's notice of the change at least or option to cancel at no penalty as she was amending the contract.