deposit not returned by child minder!

[Walnut]

I'm hoping someone may be able to give me some advice.

During the academic year Sep 2008 to July 2009 I used the services of a child minder for my daughter. This was strictly to cover the school holidays only and was on a very part time basis (ie 2-3 mornings during half term). It was understood that this arrangement would be agreed verbally in advance of each school holiday. I signed a standard contract.

During July 2009 I verbally advised the child minder that as my daughter would be transferring to a different school from Sep 2009, I would no longer require her services as the new school provided holiday cover. The verbal notice was understood and the child minder queried whether I needed any cover over the summer holidays, to which I confirmed that I would not need any services.

During Nov 2009, I telephoned the child minder to query how and when I would receive my deposit back and queried whether I needed to give her written notice to achieve this, even though we both agreed that I had given verbal notice. She said she would get back to me in a 'few weeks' but never did.

During January, I received a hand written note from the child minder simply advising that she did not need to give me my deposit back in accordance with the contract that was signed.

I wrote back to the child minder to query her interpretation of the contract and the particular clause she highlighted. I then called the representative of the local child carers association. The child carer association rep had already discussed my case with the child minder and advised that as I had not given written notice in July 2009, the child minder had kept my daughter's place open and therefore could have requested payment from me for the whole of the summer holidays and half term. This argument seems ridiculous to me as the arrangement I had was on an ad-hoc basis and I had clarified when I gave verbal notice that I would not need any services over the summer holidays.

I appreciate that the contract does state that written notice should be given but this seems particularly unfair given the arrangement we had and the circumstances.

If you could offer any advice on this it would be much appreciated.

I think that unless you have any written evidence you gave verbal notice and further have evidence the verbal notice would substitute the written notice you were required to give then you don't have a leg to stand on. Sorry unfair I realise.

What deposit? When was that initially paid, was it a deposit - if so, describe what paying that deposit did - or was it a retainer fee (a fee for allocating your child a place, until the point where you use the place)?

How is this deposit described in the contract?

Have you had any written (be that on paper, or via e-mail) correspondence with your ex-childminder with regard to terminating the contract?

What sum of money are you talking? Is it something Small Claims Court could handle?

when did you pay the deposit and what was it for. i take a deposit to secure a place before a child starts then once they start it comes off there 1st months fees or some other childminder take the deposit from the last months fees. so maybe your deposit covered your 4 weeks notice period.

thanks for all your replies so far. the contract describes it as a deposit and it amounted to £250. My argument is that as the arrangement was on a very ad-hoc basis, the CM did not hold open any places for me. When I gave verbal notice the CM also confirmed that she had some new children starting and that she wouldn't have space for me anyway so I don't know how she could claim that she 'kept a space open' and therefore deserves to keep my deposit. I will happily take this to the petty debts court.

You had a contract so it is irrelevant that you had an ad-hoc arrangement. And even if it was only 2-3 mornings a week it isn't really ad-hoc. You have to suck it up I think.

were you not told what you were paying the £250 for surely she would have said i take a £250 deposit to .......

You could take her to the small claims court yourself and argue that you gave verbal notice and she did not ask for it in writing.

I'm assuming that the deposit, in theory, was to be used against the final week's fee or if I didn't give notice. I did give verbal notice which was accepted and as I was only holiday cover on an ad-hoc basis, there can be no question of keeping the desposit to 'hold open the place'...when the hours of each school holiday where to be agreed, ie it was always clear that some school holidays we would not need any child care.

Goth Detective - I appreciate your reply and I will take her to the petty debts / small claims court but I know she will just lie and say that I didn't even give verbal notice. It is my word against hers I guess.

Write to your ex-childminder asking what the deposit payment was for specifically and asking her to confirm that you did give notice in July. Keep a copy of the letter for your records.
With luck you may get a letter back giving you some more details about what the deposit was for, plus the important written acknowledgement of the date on which you gave notice.
You may get nothing back thus why it's important to keep a copy of the letter, so you can show a court that you have attempted to confirm the details of the situation.

You are assuming things about the deposit which isn't good. You need to try to establish exactly what the payment was for, which may prove hard to do but I would concentrate on trying to get that evidence and also written confirmation of when you terminated the contract.

My dad took someone to small claims court over damage to a car. It was his word against the mechanic. The judge told the mechanic to pay 50% of the bill as there was no way of telling who was being honest.