Threatening me for not returning deposit.

A while ago I think it was in April I posted on the forum and asked everyone's opinion on taking in four kids every other week for summer care. They are a blended family who are with the parents every other week. I agreed that it would be something that I was interested in doing because it would give me time to spend with my own kids when they were not here. A lot of people expressed that they had concerns caring for siblings from a blended family.

So here is an update:

March 22: Inquiry for care through e-mail.

April 2: asked my location and if I could take them every other week.

April 3: Telephone interview.

April 5: e-mail expressing definite interest.

April 10. Interview at my house. Reviewed pricing, policies, deposits. Stated they were interested. Left with Daycare Policy book.

April 16: e-mail stating definite interest. Told me they had skimmed through Policy book. Wants to finalize things. Told me when the first week of care would be and when they had booked holidays.

April 25. responded to my e-mail. again still interested. will finalize things after they move to new house.

May 8: I asked for a deposit to hold their spots.

May 8: left me a phone message telling me she would drop off a deposit to hold the spots. left for vacation. Did not hear anything for a while.

May 26? Phone conversation again stating wanting to finalize things and give me a deposit in a week.

June 7: Responded to my text message asking again if they were still committed. she stated that she would use e transfer to deposit $ to hold the spots.

June 7: e transferred $ to me.

June 12: sent her policy book and contract stating fees, payment schedule, deposit amount received and balance remaining. and a list of the weeks of care required.

June 14: I received a text message from her stating that her sister in law would be watching the kids for free and asking for her deposit back.

So now what? I told her that her deposit was to hold the spots. I had explained that the deposit was going to go towards the last week of care in August. she gave me $300 which is half of what they would pay for a week. They needed to give another $900 to complete the two week deposit. When she backed out I offered to take just a one week deposit to help them out. She is threatening to sue me, and has also threatened to put up ads on Kajiji and other sites telling people what I have done. She is telling me I have taken her $. In my opinion, she has told me she is committed multiple times since April. I think the deposit is compensation for me now that I am technically out of work in two weeks when I have a complete turnover now that school is out. would you give the deposit back?
I know I shouldn't have put all of my eggs in one basket. I was again being nice and trusting. I said multiple times in e-mails and text conversation the deposit was to secure the spots but it would be put towards the last week of care. Opinions please?

Did she sign the contract and return it to you? If not, then I think you will have to return the deposit. This totally sucks I know as these people completely led you on showing no respect for you or your business. If I had not received a deposit and signed contract at the May 8th time line I would have said good bye to them. This is very telling what type of clients they would have been. Royal pains in the a$$.
I have learned (through my own mistakes) that if someone wants my daycare, there will be an immediate signing of the contract and deposit paid. No wishy washy stalling tactics while they look for relative care!
Good luck filling your summer spots hon. :)

Sorry forgot to address the other important issue. Should anyone threaten me in any capacity (personal or proffessional) I will inform them through an email (keep copy) or preferrably a registered letter that they must cease and desist or I will contact the police and my lawyer. I hope she wrote down her threats in a text or email. Keep copies.

Do you know any lawyers in the family or your circle of friends? I would ask a lawyer if a verbal contract or emailing and texting is binding without the parents actually signing your contract. It's possible. It may be a grey area. I'm afraid I have to agree with Mimi that you may have to return the money since there wasn't a binding contract signed.

I also agree that you should tell them to cease and desist with their threats while you make your final decision whether to refund their money or not. Tell them you are talking to a lawyer!

We learn a lot of valuable lessons in this business and one big lesson is not to count on anything as definite until the contracts are signed and the deposit is in our hands, even then people have changed their minds. There is no such thing as a sure thing in our job unfortunately. Our lives can be turned upside down any time with a family leaving for a million different reasons.

Good luck and keep us up to date, hopefully with good news.

Based on what I read there may have been a misunderstanding on what the deposit was for. If you did not stipulate in writing that the deposit was non-refundable even if you did state it would be applied to the last two weeks of care then you may have to return it. What I am getting from what you wrote makes it sounds like the lady dragged it out in making a decision and finally you asked for some money to be paid for you to be willing to continue to hold the spaces open but what she paid would be used towards future care. She may truly have not gotten the idea that it was money she would not get back if she didn't start care.

You could try splitting it with her with the idea that you are now facing a loss of income from and give whatever date it was the deposit was made. Problem is the family made it clear they hadn't made up their minds yet - likely were waiting for the sister to decide if she would do it or not so you can only claim a definite booking of the spaces as of the date the deposit to hold the space to the start date was made. If you explain that you have now missed out on many people looking for summer care because she had indicated she wanted the spaces and are out the income from summer and explain that that is what the deposit covers and why caregivers ask for a deposit and hopefully she will understand and be sympathetic and agree to let you keep half.

Unfortunately this is the risk we take when we interview a family and then stop interviewing hoping they will take the space. That is over 2 months you could have been interviewing other families for summer care. You are also seeing one of the reasons caregivers do not like taking a family with more than two children because when they pull out there goes 50% of the income.

If she didn't sign the contract I would say you have to return the money , if she did sign the contract and the contract didn't specifically say deposit monies are non refundable then you have to return the money.

I am wondering why the contract was given to her after she gave the deposit? I normally get the contract and deposit together as they need to be able to read through it and make sure they understand and agree to everything before signing and giving a deposit. If she didn't have the contract before providing the deposit, how did she know the deposit was non-refundable? I also would not have held the spots when she started dragging it out. I always tell parents that I have other families interested so if they want the spot they have to tell me pretty quickly.

Smitty, right now I have a family who tells me they want my open space for Sept., however they are going slowly getting the contract and deposit to me. I know from experience that even though they told me they want the space I have to keep advertising and talking to other people. There is no such thing as a sure thing. It's frustrating, but true.

I doubt that she will find it worth it to sue for 300 dollars. You clearly have a verbal confirmation that she wanted the spots and she did provide the payment. assuming your contract states that the deposit is non refundable i wouldnt give it back. She hasnt even paid the whole deposit. she needs to understand that you will find it very hard if not impossible to find anyone to fill summer spots at this time. I wouldnt cave to her threats. think of what its costs us to sue when parents dont pay. Its really not worth it.

Even though you don't have a signed contract you do have a series of emails in which she confirms she wants the spaces and you saying ok then you need to bring me a deposit for the last two weeks of care.

The reality is her first two weeks of care are her last two weeks of care and that is why a deposit is non-refundable.