breach of contract
Discussion
After some advice if possible, situation below;
Childminder paid a fee per month to provide childcare (paid a the end of previous month)
Parents give 4 weeks notice as required in the 'contract'. Childminder then terminates later on that day via text message , stating the need to get another child in asap the replace child that is leaving.
Parents expected 13 sessions of childcare for the month, 4 are provided before the childminder terminates. Childminder has received full payment for the month.
Parent in contact with childminder via text message to try and resolve , however childminder disputes any money is owed.
Next steps ?
Childminder paid a fee per month to provide childcare (paid a the end of previous month)
Parents give 4 weeks notice as required in the 'contract'. Childminder then terminates later on that day via text message , stating the need to get another child in asap the replace child that is leaving.
Parents expected 13 sessions of childcare for the month, 4 are provided before the childminder terminates. Childminder has received full payment for the month.
Parent in contact with childminder via text message to try and resolve , however childminder disputes any money is owed.
Next steps ?
Nothing to add beyond the obvious...
When you say 'contract' what do you actually mean? I notice the use of the apostrophes which suggests it might not be as black and white as this.
In any case, be careful how you manage this as you don't want to sour the relationship in any way as the end point is the same i.e. no childcare.
When you say 'contract' what do you actually mean? I notice the use of the apostrophes which suggests it might not be as black and white as this.
In any case, be careful how you manage this as you don't want to sour the relationship in any way as the end point is the same i.e. no childcare.
redandwhite said:
Parents expected 13 sessions of childcare for the month, 4 are provided before the childminder terminates. Childminder has received full payment for the month.
Parent in contact with childminder via text message to try and resolve , however childminder disputes any money is owed.
It all depends on the date the child started and the date the first payment was made.Parent in contact with childminder via text message to try and resolve , however childminder disputes any money is owed.
If the first payment was made on the day the child started - and all subsequent payments followed from that - then the childminder is essentially paid in advance and therefore money is owed.
If the childminder was paid at the end of the first month (i.e. 30 days after the child started) - then the childminder is correct.
Does evidence of either of these exist (i.e. bank transfer details, and a text/email confirming the child's start date?)
redandwhite said:
Parent in contact with childminder via text message
Please tell me this isn't how the parent has dealt with the entire situation? Why can't people just pick up the phone anymore? Better still, just go round and discuss in person?If the contract mentions that the parent must given one month's notice to terminate, there is an expecation that childcare would continue to be provided at the same standard for that termination period, however if it doesn't specifically state that the childminder is obliged to continue to provide childcare at the same frequency then I guess this forms more of a trust agreement and one which it seems they don't intend on fulfilling.
If the monthly fee is considerable then it could be pursued through small claims, but on the basis that there are some contractual obligations which the childminder isn't able to easily exploit.
My advice would be for the parent to go and talk openly to the childminder and come to a suitable agreement based on the 'contract', rather than argue the toss via text message.
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