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Original poster

Dh signed CM contract for extortionate fee- can we back out?

93 replies

IntentsAndPorpoises · 06/02/2019 16:07

We are in a bit of a childcare crisis. Thought we'd found a CM, dh went to meet her today. He signed the contact and then called me to query the amount. Putting aside his idiocy of signing when he wasn't sure, and not questioning it, what can we do.

I sent her a message querying fee. The contract states £50 a day for 2 children wrap around care. From 7.45am until 8.45 (school) and 3.15 until 5.15, one day until 5. I work this out as therefore being £8.30 an hour PER child! The rate around here is £4.50 to £5. And she has stated her rate is £5.

Additionally she has put the hours as 7.45 to 9 (school starts at 8.45) and 3 (school finishes at 3.15) to 5.15.

I am going to call her (I'm currently on a train and signal is patchy) but what can we do if she won't change it? What are the implications of just saying no thanks and finding something else?

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Bryjam · 06/02/2019 18:37

No but she can take you to court to pay a "notice period" fee if she has that in her contract

Yes she could.

Original poster
IntentsAndPorpoises · 06/02/2019 18:36

Pacey contract!

OP posts:
Original poster
IntentsAndPorpoises · 06/02/2019 18:36

Spoke to her. That is the correct amount. £10 flat fee for morning regardless of what time we bring (she starts at 7.30am) and she's rounding up in the afternoon. She's said she can drop £5 off so £45 a day.

This whole bloody thing is so stressful. We currently pay £4 an hour (with breakfast and after school snack) and the new school kids club is £5 an hour.

Bloody hell I could kill dh right now. I don't want to be messing anyone around, breaching contracts. But it's so much more money.

It's a PACE contract.

OP posts:
Smoggle · 06/02/2019 18:18

I also charge double before 8.

I have a written fees policy where it is all laid out though.

ILoveMaxiBondi · 06/02/2019 18:15

OP it sounds like she is charging for the full hour 7-8 am even though you only need her from 7:45. And until 9am. Then again from 3pm until 6pm. Some childminders don’t do part hour chargers. You pay for the full hour if you use any part of it.

NChangeForNoReason · 06/02/2019 18:10

Ring and clarify. If you don't like the terms, cancel.

Giving you are ending the agreement within hours of signing and having never started the actual contract by taking ur kids to her house, it's highly unlikely she will take u to a small claims court for a notice fee.

HauntedPencil · 06/02/2019 18:10

Yes I would try a polite message saying Sorry there must have been crossed wires as I thought the cost was x it afraid we can't use you after all if the cost is y.

Hopefully she will be happy with that it's only been hours since the contract was signed so she will have no financial loss over it eg turned away other children.

Ours is £10 for after school per child just snack no dinner. It seems a lot but I imagine there are local variations

RicStar · 06/02/2019 18:10

I think it will be session charges - so 3 hours after school and 2 hours before. Annoying if she didn't explain / express this. I would expect her to cancel as you have not started but I would make sure that this is not common for CM in your area / that pick up / drop off at your school before you cancel.

PCohle · 06/02/2019 18:03

The legal 14 day cooling off period only applies to contracts agreed over the phone, online or by post. Have you checked the cancellation provisions in the contract? I also agree that might just be a calculation error and could be discussed with her.

If it's not an error she very well might accept "Ok, apologies for the miscommunication - we won't be going ahead with using your services in that case" and won't try and hold you to the strict terms of the contract.

If she does, her method of enforcement would be taking you to the small claims court. That would be a significant hassle for her and I would weigh up how likely she actually is to do so.

Drogosnextwife · 06/02/2019 18:02

I would just tell her you will not be using her. She can stuff her contract. She can't force you to take your child to her.

No but she can take you to court to pay a "notice period" fee if she has that in her contract.

Tbf my price for that would be between £40 and £50 for 2 kids, depending on wether I was giving them breakfast and dinner.

Smoggle · 06/02/2019 18:00

She might have a set session price for before/after school, she might only charge in full hours etc.

Read your contract - maybe you only need to give one week's notice in first month?

If it was me (I'm a cm) I'd let you out of the contract but I would keep your deposit.

Bryjam · 06/02/2019 17:57

Stuff her contract" could turn out very expensive.

It could. But it is a risk I would be willing to take. It's unlikely she will take further action.

HauntedPencil · 06/02/2019 17:54

Could it be an error? Did she tell you verbally that she costs £5 an hour?

Bombardier25966 · 06/02/2019 17:54

A cooling off period doesn't normally apply when the contract is for specific dates/ times etc.

"Stuff her contract" could turn out very expensive. A contract still exists until it is brought to an end either by mutual agreement, or by a breach, in which case a penalty payment may be due.

You need to look at what has been agreed OP, including the provisions for cancellation. But it may well be that it can be resolved by a polite phone call.

importantkath · 06/02/2019 17:54

There should be a cooling off period in the contract.

Explain why you will not be using her.

Bryjam · 06/02/2019 17:48

I would just tell her you will not be using her. She can stuff her contract. She can't force you to take your child to her.

eatingtomuch · 06/02/2019 17:41

I have no legal background but I thought there was a cooling off period after signing any contact.

If she does not change the fees and your unhappy I would seek advice and put it in writing that you are withdrawing from the contract.

WoWsers16 · 06/02/2019 16:11

That’s crazy prices! So I think if you explained that when you ring her she should see sense! However if she doesn’t you may have to work your notice time with her? How long is that did the contract say? Then go from there.
The extra 15 mins she is charging is also a bit cheeky- but I presume she is charging for her time to collect/take etc...
hope your phone call goes well! Let us know how it goes on x

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