Space Held 2 Months, Changes Mind, Wants Refund? No!

[DaisyMamma]

I don't blame you...under your rules...she shouldn't get her money back, but she didn't sign and she knows she didn't sign and she's already "kind of" made a threat...(when she questioned your ratios and was scoping out your licensing info).
And it may be just that...a passive threat, to scare you into giving her money back...

Yep. Exactly.

[DaisyMamma]

This is likely what I will have to do. I cannot refund anything that I do not have. So I will have to hope for the best with this.
I'm not sure I would make the same decision if I had the extra money, since problems with licensing is not something I want to deal with. But if i did refund it, who is to say she wouldn't call anyway! This lady is a real piece of work.

Just because she didn't physically sign a con
tract, doesn't mean that there is no contract. She paid you, and based on your usual and customary businesss practices, this would suffice as a verbal contract - basically coming down to a he-said-she-said type of thing.

She probably thinks she can intimidate you into refunding the deposit, which is why she made a big show of examining your license, etc.

I'd send the kiss-off e-mail as you've outlined above, contact your licensing agency to make them aware of a potential problem, and leave it at that. There's a better than average chance she won't do anything at all.

[Truly Scrumptious]

But if i did refund it, who is to say she wouldn't call anyway! This lady is a real piece of work.

You are exactly right...happens all the time.

[Heidi]

Just because she didn't physically sign a contract, doesn't mean that there is no contract. She paid you, and based on your usual and customary businesss practices, this would suffice as a verbal contract - basically coming down to a he-said-she-said type of thing.

She probably thinks she can intimidate you into refunding the deposit, which is why she made a big show of examining your license, etc.

I'd send the kiss-off e-mail as you've outlined above, contact your licensing agency to make them aware of a potential problem, and leave it at that. There's a better than average chance she won't do anything at all.

Yes, I agree with this. A contract doesnt HAVE to be signed to be a contract. It can be verbal. Her paying you in the first place, and the fact that she recieved a copy of your policies, is evidence that she understood the agreement. She would have to take YOU to court to get her money back, and then SHE has to proove you somehow mislead her. I highly doubt she will go to that much trouble over $200.

I also believe you should make your licenser aware of the situation. Besides...Murphy's Law applies. Chances are that if you tell your licenser ahead of time, the client never will...

[countrymom]

sometimes all you need is a verbal contract too. Clearly she knew what your expectations where and the fact that her deposit was non refundable, because she still brought her child to you. I would call and let lisencing know what is going on. Also about her comment about going over, well she already talked to your sub about not bring her child, so you had to fill her daughters spot with other children, you did nothing wrong and she's just trying to find something on you.

also, who is watching the child now, do some leg work on this family. Maybe she has done this before. Make sure you have a paper trail, times, dates any text messages. Even when she originally called, let this incident bite her in the arse.

[countrymom]

Yes, I agree with this. A contract doesnt HAVE to be signed to be a contract. It can be verbal. Her paying you in the first place, and the fact that she recieved a copy of your policies, is evidence that she understood the agreement. She would have to take YOU to court to get her money back, and then SHE has to proove you somehow mislead her. I highly doubt she will go to that much trouble over $200.

I also believe you should make your licenser aware of the situation. Besides...Murphy's Law applies. Chances are that if you tell your licenser ahead of time, the client never will...

I agree with this because i just posted the same thing !

[Blackcat31]

Just because she didn't physically sign a contract, doesn't mean that there is no contract. She paid you, and based on your usual and customary businesss practices, this would suffice as a verbal contract - basically coming down to a he-said-she-said type of thing.

She probably thinks she can intimidate you into refunding the deposit, which is why she made a big show of examining your license, etc.

I'd send the kiss-off e-mail as you've outlined above, contact your licensing agency to make them aware of a potential problem, and leave it at that. There's a better than average chance she won't do anything at all.

This is my line of thought too! The DCM may not have signed the policies or contract but the paperwork clearly states "There will be a nonrefundable deposit equal to 2 weeks of care due upon enrollment of your child" and returning the enrollment form and then having the child attend even ONE time is enrollment to me.

Clearly she wants to bully you into doing things her way. If I were in your shoes, I would simply state to her that your deposit is NON-refundable as the paperwork said and that the best you can do is allow her to use the space/time/services but you will NOT be refunding anything.

If she wants to take it to licensing....oh well....you did nothing wrong and aren't operating over capacity or illegally so let her say what she wants. Just because someone makes an accusation does NOT mean it is true as she would have to have proof......which she does not have.

99.9% of the time, parents who call licensing owe the provider money. Licensors aren't stupid, I think they probably all know that and act accordingly.

I would not try to explain anything more than 'no refund and good luck in the future' and leave it at that. Let her do whatever she is going to do. I would even send her my license number and phone number to my licensor in case she wants to call just to show her I am not intimidated by her but that's just me.

If I know I am not doing anything wrong....I would NEVER allow someone to bully me into doing something they want me to do.

Your only mistake was allowing her to attend without all the paperwork, but the mom still "enrolled" her child and paid the deposit which you do have proof of so....

I would also save any and all contact (text/e-mails/phone messages etc) from her. Stand your ground hun! If you need to vent or need support...we are here! You did NOTHING wrong!

[renodeb]

A definate learning experience. I would be very matter of fact and stick to your policies. The key here is non-refundable. This woman has no grounds to ask for the money back. I would keep a record of all this contact you have been having with her. (emails, texts, calls) you are in the right here, there is not going to be any refund. Oh and make sure your doors ar elocked so she cant come harasse you.
That said, next time a situation like that comes up again with a dc call my advice to you is Run!

[cheerfuldom]

As stated, DCM texted sub before daycare started and said DCG not coming. At that time sub decided to bring her kids. I DO NOT ever go over ratio. DCM showed up later ONLY to pickup DCGs things.

I just wanted to add that I truly believe that the ratio comment she made was meant to plant a seed to scare me and manipulate me into giving into her planned future request for a refund. In other words it was a subtle threat that she knew I would hear about. What she didn't know was that my subs kids werent going to come if her kid did.

OHHH! well I dont think that put you over ratio because the girl was never in the sub's care for that day. Mom was there the whole time and only to get her items. I agree, mom was looking for something to threaten you about. But either way, she still did not sign a contract....

[cheerfuldom]

Please let us know what happens and if Tom thinks a verbal agreement or an exchange of policies is just as good as a signed contract. It has always been my understanding that it wasnt binding .....

[DaisyMamma]

Thanks everyone. I don't want to appear to be rushed to reply to her email. I'll either email her this afternoon or maybe just tomorrow. I'll let you know when I get a reply.

[Lucy]

Thanks everyone. I don't want to appear to be rushed to reply to her email. I'll either email her this afternoon or maybe just tomorrow. I'll let you know when I get a reply.

Can't wait to hear how it plays out.

[DaisyMamma]

Ok, here's the follow up.
I ignored DCMs first email.
Yesterday she sends a second email, passively threatening me again and restating that she wants a refund.
I didn't reply and did not have time to reply before the state showed up today at 12:30.
Lucky me I had only two babies, so it wasn't chaos for the 3 HOURS she was here!

The woman had a laundry list of "complaints", some as dumb as " the kids eat off the floor" (I actually laughed out loud when she said it). The funny thing was that the wording used in the complaint let me know that this DCM had downloaded the state regs. and went through them to TRY and find things she could say!
The license lady was ok, not great, but I had a few citations, like exposed outlets (in a non daycare room) and my outside toys are too dirty :confused:
She did tell me that most complaints are mad parents. She also "recommended" that when something like this happens that I should just refund the payment, as it usually results in a complaint to the state if you don't.
Anyhow, its over and done.

My concern is this, and tell me if I'm crazy, but what if this lady is totally crazy and calls them over and over? Like once a month or once every few months? She could leave different names or something....

Has anyone had an irate parent call the state on them? What happened?
Also, will my public license info on the state web site now show that someone called? Or would I have to have "violations" for that to happen???

[DaisyMamma]

Oh, and BTW, I never replied to DCM and now I never will. This is my best revenge, as she won't know what happened....can she call the state and ask about the inspection?

There's no point in giving back a non-refundable deposit, when she already called the state. happyface now I just need to watch my Google reviews and other sites to make sure nothing bad pops up.
Funny thing, though, she owns a business as well....

[countrymom]

let her keep calling, but you need to let your rep know what is going on. So if she keeps calling they have a heads up. Or you can call on her too.