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AIBU?

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Original poster

To not pay this childminding bill

546 replies

Ellie6578 · 26/08/2017 11:49

My one year old goes to a childminder 4 days a week whilst I'm working since October last year, I've had no issues so far.

My dd visits her dad for 2 weeks every 6 weeks, so she doesn't go to the childminder during these times (he lives up north and I'm down south) however I understand that I still have to pay for her missed days in order to secure her place (her dad pays for these 2 weeks of missed time) and that's fine as my contract states I have to pay for 4 days a week even if my dd doesn't attend.

She came back this week after only 4 days of being with her dad unlike the normal 14 days. This was because her dad had to go to Germany for a few days for work and my little girl really would not settle with his mum.

I messaged my childminder and said my dd had come home early and would she be able to have her tomorrow as normal. My childminder stated she could not have her for another 4 days as she had taken in another child for childcare which took up my daughters space. Ok I thought, my mum took time off work to look after her.

I got the invoice yesterday and I've been charged for those 4 days even though I was told my daughter couldn't go in because she had filled her space! So if I paid for it, the Childminder's earning double for half the work. Aibu not to pay for those 4 days?!

OP posts:
Viviennemary · 26/08/2017 12:11

I think this is a bit of a tricky one. If you are paying a retainer then I think it would be fair if the childminder can't take the child. But if you are paying the full amount then yes the place should be available. Find another childminder. This one sounds like a chancer.

FizzyGreenWater · 26/08/2017 12:12

Yep, caught out Grin

It works both ways.

If you pay for the space, it's there for you to use.

If you want the space to be free for a fixed period, you need to pay all the time as it's not fair for her to lose out on a permanent client for the sake of a part time one.

Whether she filled the space or not is utterly irrelevant. - it couldn't be more relevant to OP, who has paid for a space which she's then told that someone else has taken!

NotSuchASmugMarriedNow1 · 26/08/2017 12:12

If she insists you pay, then just pay - but I wouldn't be telling her in advance in future if I wasn't going to use the place - why should she get twice as much and you not get a place you've paid for - it's not on!

AtomHeart · 26/08/2017 12:12

YANBU - However, first of all check with her that she hasn't made an invoicing error before you kick off ;)

DiscoDiva70 · 26/08/2017 12:12

amazonEcho

Well how do you know that this childminder hasn't been looking after the other child on a regular basis? (in Op's child's place)
This other child could belong to a friend and she could be charging her a little less to mind her child and not declaring it, and instead just declaring Op's payments and the usual other children she looks after.

As pp pointed out, she may have been caught out.

Phalenopsisgirl · 26/08/2017 12:13

I'd just pay minus the time she was away, and send message that there has been an oversight on your invoice but you have made the correction, keep it very nicey nice. I'd very much doubt she'd have the nerve to correct you. I can completely understand expecting people to pay if they take their child out of your care but if you fill the place and then get caught out, you have to suck up the deduction. She obviously thought she'd be getting a nice little bonus.

FizzyGreenWater · 26/08/2017 12:13

StillDrivingMeBonkers oooh get you scary!

You'll be needing that box for yourself 'love' Grin

grandOlejukeofYork · 26/08/2017 12:13

I do understand how it work, thanks love. Back in your box

Clearly do not. Despite it being explained to you.

And what "box" might you be referring to? Hmm

Thiscantreallybehappening · 26/08/2017 12:14

YANBU - if CM wants you to pay to keep a space open she should honour the fact that that space is yours and, therefore, recognise that if your plans change you might need to use that space.

What CM should have done, on this occasion, was explained to you that as your DD wouldn't require the space she had taken another child in for those times on those days so if your plans changed, unfortunately, your space wouldn't be available that week but that she wouldn't charge you either. She is being unreasonable and I think she is being cheeky.

NotSuchASmugMarriedNow1 · 26/08/2017 12:14

Yes, check it's not an admin error first!

AnnieAnoniMouse · 26/08/2017 12:15

No - she needs to refund you those days. You PAID to keep your DD's space available and she's been cheeky & taken on other children. I wonder how many times she's done this?! She's trying to have her cake & eat it too, it's not on.

I would suggest you have a chat with her. Insist on the refund for those days you wanted DD to go but she couldn't take her, then discuss the situation going forward. Explain that you expect the days you are paying for to be available to you or if it suits you suggest you pay a 'retainer only' for those weeks (say 10%).

It's possibly just happened because it's the holidays and she's taken a sibling that's normally at school because your DD wasn't there and I don't blame her for pocketing the extra cash (it's not exactly a well paid career!) & not telling you, but she should have only taken the sibling on the understanding that if you needed the space it was yoursc& they'd have to make other arrangements. You should not have been told she didn't have space - space you pay for.

TipTopTipTopClop · 26/08/2017 12:16

I agree, she's been caught out. I would have written into the contract that you pay for the 4 weeks if the slot goes unfilled. Then you'd really have her.

Sorry if you've already covered this, but have you talked to her?

Allthebestnamesareused · 26/08/2017 12:17

It is simple contract law. You are paying for the space whether you use it or not.

You wish to use a space that you previously vacated. The space is not available as she has filled it with an alternate.

You asked to use your retained space and was unable to.
You do not need to pay.

PuppyMonkey · 26/08/2017 12:17

Send a text/email:

"Hello, CM - thanks for the invoice, think there has been a mistake as you've included the days you told me were unavailable because you'd already filled DD's space. I'll just deduct that from the amount, as per contract terms and conditions. See you next week!"

BoneyBackJefferson · 26/08/2017 12:19

Depends on what your contract says.

If its something like, Use 4 weeks out of 6 with a two week place holding fee.

then YABU

If its just pay for 6 weeks even if you don't use

YANBU.

The difference being the amount of time that has been stated will be used.

But you need some actual legal advance from a professional.

FloatingCamel · 26/08/2017 12:20

I wonder how long she's been doing this for! Maybe she's had an extra child in your space this whole time. Yanbu

chipsandpeas · 26/08/2017 12:21

i wouldnt pay and i also wouldnt tell her in advance when i wouldnt be using the space if i was paying for it when your DD isnt there

dragonwarrior · 26/08/2017 12:21

No way, don't pay if she has filled the space. That is cheeky and would be against your contract anyway.

Thiscantreallybehappening · 26/08/2017 12:21

amazonecho - if you paid monthly for use of a parking space would you expect to use that parking space whenever you wanted to? or would you be happy for other people to use it if your car wasn't parked in it.

AnnieAnoniMouse · 26/08/2017 12:21

bonkers

Whether she filled the space or not is utterly irrelevant

How on earth do you think it's irrelevant?

If you pre paid for a parking space, then when you turned up there was another car in it, would you just shrug your shoulders and say 'Oh that's great, they're such a good parking company that they've been able to book the space out to someone else too. I'll just find another space, in another car park & pay to park elsewhere'.

missmollyhadadolly · 26/08/2017 12:21

I wouldn't send DD there again if she refuses to back down.

indulgentberries · 26/08/2017 12:21

YANBU because the space should be kept for your child if you are paying for it at the full price.

AlternativeTentacle · 26/08/2017 12:22

Had she filled the space that you didn't need or use as well?

I'd find this out first if I could, and then write to her.

I'd quote some contract law, reference books of which I keep in my box.

Thiscantreallybehappening · 26/08/2017 12:23

This is a good reply from puppymonkey

"Hello, CM - thanks for the invoice, think there has been a mistake as you've included the days you told me were unavailable because you'd already filled DD's space. I'll just deduct that from the amount, as per contract terms and conditions. See you next week!"

StaplesCorner · 26/08/2017 12:24

When I had a dispute over a childminder's contract I talked to the National Association of Childminders (now called PACEY) and they were really helpful. Contracts can be unfair - just writing something down doesn't make it OK and if its deemed to be an unfair term it cannot be enforced.

www.pacey.org.uk

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