What do you do when your Doula doesn't show up!?

[woodyard12]

Hi there

I have had a couple of conversations on here regarding the fact that our Doula missed the recent birth of our son, and was advised to start a new thread...so here we are.

We had a Doula for the birth of our Daughter and decided that we would do the same for the recent birth of our son as it worked well the first time.

Unfortunately she did not make it to the the birth due to a 'personal emergency'. I completely understand that her family comes before us and that she needed to be elsewhere but my problem is that she is refusing to repay the £350 that we paid...she has made an offer of a far lower figure due to the fact that she was 'on call' for 19 days before he was born and that she had done an 'antenatal visit' (or pop round for a cuppa), and also to cover her mileage for that visit.

Her contract clearly states that a full refund will be made if she (or her nominated replacement) cannot make the birth, so in a nutshell we paid for a Doula, she didn't make it to the birth, she wants to take part payment contrary to the terms in her contract.

Its not a great deal of money I know but its the principle of the thing, and I feel that she is taking advantage of our good nature.

We have given her several chances to do the right thing and honour the contract over the last 8 weeks but we have had to constantly chase her to even respond to our written and phone communications. She is adamant that she is not liable for a full refund despite her contract detailing the a full refund will be made if she is unable to attend the birth.

Her missing the birth made a stressful event even more stressful and this stress is ongoing as a resolution does not look likely...what do people think, should we pursue her through the small claims court or is that a bit heavy handed?

£350 is not a small amount! I would pursue her through the small claims court. She broke the terms of her contract and is now refusing to honour said contract so surely you'll get your money back.

It should be a simple case and it's easy to put through online. I'd get started now-that's not okay!

"Her contract clearly states that a full refund will be made if she (or her nominated replacement) cannot make the birth, so in a nutshell we paid for a Doula, she didn't make it to the birth, she wants to take part payment contrary to the terms in her contract. "

Small Claims Court. End of story. If she only wants to make a partial refund, then the contract she gets her clients to sign should state that.

Outrageous!!

Who was her nominated replacement? Did she make it to the birth?

Outrageous that she is being so cheeky now regarding your money.

Yep, as everyone else says.

But also, she wasn't really "on call" for 19 days, was she? Not if she could have had a "personal emergency" and not turned up during any of those days. "On call" means being available, or having a replacement who is definitely available. It doesn't mean "available as long as nothing more important to me comes up".

I would guess that she isn't paying because she doesn't have it? But she can arrange with you to repay in installments.

Being very cynical and perhaps unfair, do you know she hasn't done this to other clients? I would think a lot of a doula's work is on recommendation so I'm surprised on that fact alone she doesn't do the right thing.

Are there review sites for doula's where you could leave a factual account
of your experience?

Def small claims court

No moola from the doula......

'Agreeing with everyone. A polite letter, recorded delivery maybe, to say that unless you get the cash with the next week (whatever) you will go to small claims court. Then small claims court.

Maybe ask on MSE forum under legal for better legal advice.

I said it on the other thread, but in case you missed it, please contact Doula UK. I am assuming of course that she is DUK registered? It that is the case they can help mediate. They will be impartial, the reputation of DUK and doulas in general is taken very seriously, as is the commitment of a doula to their client.

Draft a claim form and send it with a covering letter saying simply that if payment is not received by x(7 days) you will issue it.
I would report her to DoulaUK but unless they have some wonderful persuasive power go with the above as there is no mediation possible here. She has failed to fulfil her contract and under it you are entitled to the money back. Mediation is not appropriate unless you are looking for a compromise and from your OP she has already tried to make you do this in circumstances where she is in the wrong.

To draft the claim form all you need to say is
" The Claimant (x) entered into a contract with the Defendant (Y) on [date]
Clause x of contract stated ........ (her obligations and what happens if she doesn't show up) (the "Contract")
On [date] X gave birth to a .....
X contacted Y by phone........ but Y did not respond and did not appear at the birth.
Accordingly X claims £350 as per clause x of the Contract
The Claimant claims interest under section 69 of the County Courts Act 1 984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [put in the amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest].
The Claimant claims costs of "

This page should be helpful www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195118

It is quite an easy thing to do, really.

You had a contract - se breached it- end of. Take herto small claims court.

How sad for you that such a special event has had to end up involving such stress.

I would have thought that the sort of person who would want to be a person would be exactly the sort of person who wouldn't try to rip you off!

Good luck with your claim.