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Am I legally obligated to pay my CM for September?

2 replies

Needadvice2018 · 05/09/2018 17:49

Hello,
I’ve changed my name just incase my CM sees

Basically, my CM had my daughter through out term time since last September. I pay her a month in advance. I told her in July that I no longer needed her to look after my child as she would be going to nursery from September.
I assumed this would be sufficient notice as it’s 6 weeks plus. She’s now saying that as my child only does term time she needed 4 weeks notice during term time and I need to pay for September :/
My child is only contracted for term time but I assumed the 4 weeks notice wouldn’t need to be during term time. She’s now threatening to add late fees on top of what I owe her!
Should I pay her for September even though she knew 6 weeks ago she wouldn’t have my child?

I've attached pictures of the contract;Scribbled out names so it's anonymous.

Am I legally obligated to pay my CM for September?
Am I legally obligated to pay my CM for September?
OP posts:
prh47bridge · 05/09/2018 17:58

That contract is nice and clear. It is 4 weeks notice. If she wanted 4 weeks notice during term time she should have said so in the contract. She hasn't so you don't owe her anything for September.

WerewolfNumber1 · 05/09/2018 18:07

You don’t owe her.

If she wanted 4 weeks notice during term time, she should have said so in the contract.

Even if the contract was ambiguous about when the notice must be given, any ambiguity or doubt is interpreted against the person who drafted the contract as they are more responsible for getting it right.

Just reply saying you have reviewed the contract, believe that you gave correct notice under its terms, and therefore that you will not be paying any further fees.

If she actually bothers with small claim court she won’t win.

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