Help Resolving Issue with Daycare

[Josiegirl]

Just wanted to add that after reading what you'd said about what you thought was fair......it has nothing to do with what you think is fair, unfortunately. Day cares are as different as night and day and you can't expect one to do it a certain way because that's what most of them do and it seems fair.
I'm sorry that you feel like you're getting the short end of the stick here but remember, there is always 2 sides to every story. And so much of this(maybe all) could have been prevented.

[Thriftylady]

I agree with you owing them the money for holding a spot for you BUT I also give potential dcfs a contract to sign, handbook to read before both parties agree to it. I feel that dc is highly unprofessional in the way they dealt with rushing you along. Both sides failed in some way. Then to merely give you an out of date copy of a contract, after the fact.....very strange.

I totally agree here. I for one would never take a dime from an interested family without the contract in place. In fact, I think most of us wouldn't. That way there is nothing left to question. But I had one parent interview that didn't sign with me because she had to sign a contract. She didn't want to have a contract. I explained to her that a contract protects not only me as the provider, but her as well. I mean say she paid me her enrollment fee, deposit, first weeks care and whatever else. Come Monday when she wants to drop off, I decided not to be here! With no contract, we would be in the same my word against hers situation. So I try to explain to all families that the contract is to protect all involved on the financial end of things. My contract also clearly spells out hours of care, as we write in the days and hours in the blank slots. This gets done before deposits and such are paid. In the case of the OP, that part of the contract alone would have cleared up any confusion. Because if we are writing contract and family says "oh but we want to drop off at 5 AM and pick up at midnight", I can say "No I can't do that.". Now I always ask at first contact what days and hours are needed since I do contracted hours, but if I didn't the parent should bring it up, not just assume I fit their schedule.

[Alwaysgreener]

This is my opinion
Yes it is common practice for most day cares require 2 week notice but most day cares also have a 2 week trail period which op would of been within the 2 weeks trail if he had start and then left after a week. Which he had offer to do and since they turned him down we can only assume they do not offer a trail period. If they had allowed this, he may of liked the day care and stayed but now they will never know.

I, myself, when calling around for services, will forget to ask a question or add question or change a question on my list. I find when I am calling the calls get redundant and I feel like I am just repeating myself, especially when I am getting the same or similar answers, am most likely not alone. So I not sure why every is finding out of the ordinary that he failed to ask this one day care their hours. When found out the hours he made them work for him, it was not until another day care called that he decided to cancel on them.

As BC point out, I agree with, there are 3 sides to this story and from what I am reading the provider also drop the ball. This provider failed to give a receipt, any handbook, or contract. This is just unprofessional to me and I think they should own up to the mistake. I even question, from what op says, that they even have a updated handbook compared to what the "lawyer" sent him.

Op- you dropped the ball too. Would you put a deposit on anything else without a paper trail? If so then I have a bridge to sell you.
Seriously, though, I am not going to tell you to cut your losses and move on because, I feel that the provider was in the wrong also and you both need to learn a lesson.
I say send the letter and request all of the money, why because you were not given anything in writing and they know that. Also they may offer a compromise, since you are threatening court.
But here is the problem I see, the only handbook you have says $75 for supplies not $150, so did you do a breakdown on the check on how much of the check was for supplies, holding fee and first week?
Also what date did you sign with this day care? (How many days between signing and canceling?)
Did you talk to the "owner" between signing and canceling?
Is the day care a legal one for your state?