Maryland Babies
cmoats1
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WWYD: Daycare refund
cmoats1
member
Long story short: our daycare center closed unexpectedly in December 2011 and we were forced to find immediate placement for LO. We were told refunds would be issued since we paid the month in full.
It is now JUNE and I have not received my full refund. I have called and sent several emails and I keep getting the same response: ?Please be patient?.
Well, this girl is slightly peeved.
WWYD: Let it go? Write a letter threatening legal action? Write a letter explaining what a horrible business person she is? (I would never do that, but I am tempted!)
I am tempted to let it go, but I do not want to help fund her re-opening.
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Re: WWYD: Daycare refund
I would recommend you send her a letter stating that you are in NEED of that money immediately and if you do not receive it by August 1st, then legal action will follow.
Don't call her names, don't say she's a horrible business person or anything. Just state that you are in need of it ASAP and have been patiently waiting 6 months for a refund, but are now forced to give a date from which legal action will follow from.
Also, have it delivered so that she has to sign for it and keep the attachment that shows she DID receive it.
I feel like standing outside the daycare with signs! But I know that's not allowed. I really hope you get your money back.
I told DH last night that I was going to give her until next friday to give us the rest of our money or I was going to give the licensing board report to every car that pulls into her daycare. He wanted to know how I was going to get home from jail.
Do you think a bunch of parents could get together and file a lawsuit together?
Ive thought about joining forces together with everyone to do something legal, but I just don't know if the money/time would be worth it. We are all out of there and our kids are in better, safer places now, you know? I don't know.
I do like the idea of handing copies of the report to any car that pulls in
I still can't believe you haven't gotten your money back!! Obviously she's open for business again, which in my opinion should of never happened.
I'm not sure how to do the repaste of what someone else said....
But I was also thinking "could we join forces?". I know another family who also has not receieved their return. Megan, you a right though. In the end would it be worth the hassle?
Husband is finally home next week. He might have to make a visit to that awful place.
ShandaB- I'd bail you out
We never actually signed a contract with her. I don't know if other parents did. What happened was that the former owner lost her lease on the building and so the new owner combined her daycare center (that was at a different location) with the center we were all in and it was located in the original building we all sent our kids to. The new lady was crazy disorganized and things went downhill fast (obviously - since it was shut down less than two months later). So there was never a contract for us to sign with the new owner, just what we'd signed with the former one. It was all very, very odd.
We never signed a new contract with her either. I know that day I went in to get A, the state lady ask me for my name and name of child. Obviously those are huge violations when you don't have contracts for the kids your caring for.
By no means am I a lawyer, but I would think that the contract with the original owner was still in force if the new owner didn't make you sign a new one. Changing the ownership of the company doesn't automatically nullify the contractual obligation of the company. If this woman bought the business she got the assetts and the liabilities.
To be licensed by the state she should have had to be bonded and insured. If she hasn't paid you back you culd file a claim against her insurance. This will have the extra benefit of causing her insurance premiums to have to go up. If enough people file claims against her, she may become uninsurable or the cost of the premiums may become prohibitively expensive forcing her out of business.
What you're talking about, as far as the old contract following over, will be covered by the assignment provision of the contract. In any event, though, there's no way she could unilaterally nullify your contract like that - and she'd have responsibilities to you even if they were unwritten. (There's such a thing as an oral contract.)
Join forces and write her a letter advising that if you don't receive your money in full by x date (say, next Friday) you will move forward with your attorney. If you don't have your money in hand by next Friday, have an attorney contact her directly or bring a suit in small claims court. I honestly can't imagine it will go any further than that. Most people wake up and pay when these things hit their front doors.
lovelylittleworld
BFP#2 1/12/12 ~ Missed M/C 8w2d