DCP wants deposit refunded?!?!

[playfelt]

To get around this I created a one page form that has parents name, address, phone on, anticipated days and hours and starting date for care and that page must accompany the deposit. The contract itself and the actual information forms can be done closer to the start date but the page and money confirms space. Paying the deposit is equivalent to confirming the space and therefore I would think they would be bound by the contract and that legally they have up to the starting date to have a signed copy of contract on file but they paid the deposit as per the contract meaning they understood the terms they were paying under.

If she had said in January that they were no longer interested that is one thing but to wait this long is not fair to you and no they do not get their deposit back.

I have done a couple interviews for september already and the people that came seemed paranoid to secure a space and I made it very clear to them that paying the deposit is final and that once paid it is not returned even if they come back next week months before the start date. The deposit is not something you pay to "hold" a spot while you keep looking just to make sure you have one. That once paid I stop interviewing and the money paid compensates for having to start over again. Needless to say they didn't pay.

[sunnydays]

I think it is probably unlikely that they will sue you over this....but you can never know for sure, so you have to make decisions based on the facts on hand. As Jazmic said, the policies in your policy book and contract, do not apply because they did not sign it. However, as she said, if you have a text message that can act as proof, you may have grounds to keep the deposit. Just make sure you refer to that message when you tell them the deposit will not be refunded. And, I am impressed that you were able to get a full month's fees as a deposit...way to go! Although I expect one month's notice, I have never tried to get one month's deposit as I thought parents might not go for it. May give it a try....

In my policies and procedures it says:
"If you decide to terminate care, I require written notice four weeks in advance of your termination date. If your termination breeches the terms and dates outlined in your contract, your deposit will not be refunded unless otherwise discussed."

And:
"I require a non-refundable four week deposit at the time of registration, which will be applied to your last four weeks of care as outlined in our contract."

Do you think that is clear enough to cover my butt should they try to sue me?? OMG now I'm super nervous about this!

[gravy_train]

That was my thought too, playfelt. live and learn i guess... i am changing my paperwork to reflect the purpose of a deposit.
i like your one-page doc. idea too and think i will implement that as well.

[gramma]

you have clear communication with her that states her intention to start and that you were holding a spot. i highly doubt she will take you to court over it as the costs and loss of work costs just doesnt justify it. i wouldnt give it back especially considering you have turned so many away. explain it to her clearly how this has affected you and that you held a spot in good faith for her. hopefully she understands

[sunnydays]

And definitely require a signed contract with the deposit next time. That way you will not have this issue. If they are not ready to sign, they are not worth holding a space for as they are obviously not sure.

That was my thought too, playfelt. live and learn i guess... i am changing my paperwork to reflect the purpose of a deposit.
i like your one-page doc. idea too and think i will implement that as well.

[Shannie]

I say keep the deposit. They wouldn't have paid you a "deposit" if they didn't know what it was for. How rude of them to ask for it back!

[Sandbox Sally]

I think that you are morally 100% entitled to keep their deposit. Legally, I am not completely certain, but I am pretty sure that her texts/emails confirming that she wanted the spot, that she knows it's in case she ducks out at the last minute are as good as a signed contract.

I would NOT return the deposit. I would be completely prepared to battle with her on it. What a sneaky manipulative b---- to do this to you. She has disrupted your ability to provide for your family. I would afford her no niceties.

Good luck. I hope to read a positive followup soon.

[gravy_train]

thanks, sunnydays :-) i ask for four weeks, but if it is an issue i 'negotiate' to 2 weeks. in this case i accepted a 2 week deposit. i am writing an email now that i hope clearly explains where i am coming from and that this deposit does not come close to covering the loss of income i am about to incur. as we all know, it can take months to find the right family.

[fruitloop]

In my contract it stated deposits are nonrefundable. I wouldn't be giving it back to them. The deposit is to protect you for exactly this kind of thing.

[gravy_train]

haha alphaghetti! thank you! my thoughts exactly! it gets worse too --- about two weeks before she called to tell me she changed her mind, her husband contacted my husband to see if he could 'show him' (ie. do the work) how to re-tile his floor. we were out of town so he was unable to help, thank god! because when we returned home we received this news.
unbelievable.