No Contract, but Childcare Provider Referring to Contract

Talk to the provider. Ask her "what contract are you referring to? I have never see one from you" and then proceed depending on her response. Most do have a contract and some ask for a week or two in advance so if you quit without notice you still have paid them. Many have a probationary period where a week or two for adjustment/trial period where either the parent can cancel without notice or the provider can sever without cause.

Why did you opt to cancel so soon?

Ask for either a copy of the "contract" or a refund. If there was any such documents, she should have copies of it. With out the document, you should have the right to demand the money back. Do you have a receipt for the two weeks paid?

There are implicit and explicit contracts. Explicit is a written contract, you have all your rights and responsibilities spelled out all nice and neat.

Implicit are contracts like you are expected to pay for the week in advance, in other words a one week notice is expected. So what I am saying is if they required you to pay the first two weeks in advance that is an implied contract and they are not required to refund your money.

It is meant to protect you as well. If you had shown up Monday they couldn't say we don't want you anymore.

Clear as mud?
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Oh, another example of an implied contract, you have thirty days to return an item for a full refund at a store. Although you never signed a contract with that store by making a purchase you agreed to their terms.

I've never had a childcare provider that didn't require some notice before pulling my kids out/not paying for their services. They have to find a replacement, I don't find this unreasonable at all. Even if you never saw a contract, I'm sure that they have an official policy on this. I think you just need to move on, sorry, hopefully that week's worth of cost isn't too much of a loss for you.

I agree with Jo. This was an implicit contract. Why did you pay her 2 weeks in advance at all? Likely you assumed your child would be there for 2 weeks at least and likewise, the childcare provider did. Thus, no notice doesn't really even seem fair unless you found them outright negligent in the care of your child.

I would tell her to either produce the SIGNED Contract or your monies within 24hours or you will be taking her to COURT and let her know you will be adding on all Court Fees to the lawsuit

Tell her that you never signed nor saw a contract. Ask to see the contract to which she is referring. If your signature is not on it, let her know that she has 3 days to refund your money or she'll be hearing from your attorney, and that you'll be posting on Angieslist, the Better Business Bureau, and every other review site you can find about her dishonest business practices.

That should motivate her.

I wouldn't send my child to a day care provider's home WITHOUT a contract in the first place. It protects them, but more importantly YOU and your child.

I have never not had to pay 2 in advance. Were you required to pay the 2 weeks in advance or did you do that because you wanted to? I'm just confused. But I really think Jo has it right (again) and that you are out on this one.

Most daycares that I know do require a two week notice. Did you withdraw your child because you were not happy with the care, or did you withdraw because you found another daycare provider. Daycares should go over their policies at the time of the interview. If it is a daycare that has been in business for a long time they should have a contract that you have to sign, but some don;t. Usually a daycare will have a 30 day trial period so either the provided or the customer can back out if they are not happy with the services. When a daycare provider ask for two weeks in advance she is holding your spot for your child and cannot find a child to fill the spot after the end of the first week . Therefore she would be out of a whole weeks worth of pay. Is this daycare a licensed daycare?

You decided to withdraw your kid from that particular care. For me chasing down 1 week worth of childcare expense would be more trouble than it is worth especially with a someone reluctant to give the money back.

For me, no matter what my financial state I would brush the dust off and keep it moving and in the future make certain to have signed copies of all pertinent documents around my child's care. These contracts clearly outline expectations should the terms change and make for a slightly smoother transition.

As others have said, ask for a copy of your signed contract, threaten to take to court, have your documentation of what you paid and what the price was for the services rendered and drag her into court at your expense to be reimbursed perhaps if you win the case.

Again for me time is money and I don't have the luxury of time to spend in court for 1 week of child care expense. I'd just let it go and take the lesson with me.

Did you not fill out paperwork to enroll your child. More than likly it was in there. But I would ask to see the contract that you signed. If you want to get the money back you may have to talk to an attorney. Which I know stinks but may be the only way.

I've had this happen at work a few times a year. Ask the lady for a copy of the signed contract. If she is unable to provide one (which she won't) then tell her she owes you the week back because you never signed an agreement.

In implicit contract, which might be what she is alluding to, will not hold up in small claims court. Though some providers do have such writing in some contracts, it is not standard across the board. It was not written anywhere for you to know about it (like a return policy at a store.) And it is not binding in this case. Nor would a verbal contract hold up in court unless there are witnesses, and then not always. (There are other elements a contract must have to be binding such as consideration.)

Gently tell her that since there is no contract, you would like your money back. And as much as you'd hate to do it, you would consider taking her to small claims for a judgment because you just can't afford to lose that money.

Hmmm.

"Joanie, it seems I've misplaced my copy of the contract. I'd like to see yours, please, and have a copy of my own. If you can't provide it then I'd like you to refund my money. I have a copy of the cancelled check to prove that you cashed it. If you don't refund the money or give me a copy of the contract, I would hate to have to let all of my friends that are looking for daycare know that they should avoid you."

I'm with Christy Lee-- if you never signed a piece of paper (and bad on her, that's a lousy way to run a child care business, even if it's just one family), she owes you the money. Certainly, let her know that she must pay up or she'll be reported.

You can also file complaints through your local child care resource and referral agency. However, if she isn't licensed, that may not have any bearing on the matter.

And do report it to the Better Business Bureau. If you were unhappy with the service enough to move your child and she's not giving you the unused week back without the contract to back her up, she sounds like a scammer. My guess is that she just needed the money and spent it already.

The contracts usually do provide for a 2 week notice but since you didn't sign a contract, you can't be held to the terms of the contract.

I would file a small claims action to get the money back.

You need two things to make a contract - offer and acceptance. One party can't just assume that the other is going to agree to the terms. In other words, you are right. There is no contract, because you never accepted the terms (which she really never even offered!). Good luck in small claims court and I hope you find a much better and more moral child care provider for your child.

If it were me, I would let the money thing go. And, never EVER out my child anywhere without a written contract. Contact the business bureau , and the daycare licensing people in your state. (Please, tell me she was licensed.)

You can prove your side, and she can't prove her side. It's a lesson learned situation. You are partly at fault, for not being thorough, and making sure there was a contract. You get burned when you don't make these arrangements. (I'm in no way saying she is also not at fault.) In the future never even entertain placing your child someone without a contract, and NEVER place them somewhere that is not licensed with the state.

Sounds like there were personality conflicts from the get go here. Like you said, I don't know how she can possibly hold you to a contract that she 1. Didn't provide to you, 2. Didn't discuss with you, and 3. You didn't sign.

I don't think that the fact that she picks up her own child from school should have been a dealbreaker in inself. However, I think that you should have been aware that it would be happening. Did she have a proper carseat for your child? How is her driving record?

Given the circumstances, I think that she owes you the money back. I just don't know how much trouble it will be for you to get it back...

You'll need to check the parent handbook or any other papers you may have filled out. If she routinely picks up kids from school she had you sign a consent paper to have him ride in the car. It's no big deal.

If she's responsible for caring for him she is responsible.

You need to find a full time child care center. If a home care provider has to go somewhere they have to take all the kids in the home with them, there are no other teachers to watch their class so they can run go get a school kid. In a full time child care center there are a dozen or more employees at any given time and one is surely able to watch a class while the bus driver goes to get school kids.

ask for a copy of the contract, its that simple.