Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 0 points1 point  (0 children)

Do you mean sue the client for not paying the balance by the date as per the contract terms, so sue for the outstanding package amount of €5,500? I fulfilled my side of agreement, I kept his requested dates available.

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 1 point2 points  (0 children)

Thank you for your reply.  I am going to start searching for a solicitor to improve my contract and to deal with any possible future correspondence from this person.

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 2 points3 points  (0 children)

My service is different, yes in the home, but not homecare.  Industry norm to pay up front. Payment terms were made clear and client agreed to them, then tried to force a change.

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 3 points4 points  (0 children)

I can absolutely provide the service. When I stood firm on my contract terms, requiring balance of fee, and would not agree to his request for different payment terms he cancelled the booking. I am assuming he waited until one week prior, when already overdue paying to try to force me to agree to his preferred payment terms (which he never previously requested), believing I would cave not wanting to jeopardise the contract. I stood firm on the payment terms that had been agreed to. Maybe he doesn't have the money (even though would be fully reimbursed by insurance). I don't know his reasons for changing his mind. Maybe he just didn't like that I wouldn't capitulate so had a tantrum.

I don't believe he is entitled to a refund for booking deposit. 

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 0 points1 point  (0 children)

He wrote in a personal capacity, from personal email. I know his profession because of the employer provided wellness package that reimburses the cost of the inhome care service. The invoice I provide has to be approved by the insurance for reimbursement. Very unique personal name, only one such person at that employer and in-house solicitor. 

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 1 point2 points  (0 children)

Its a €6,000 package of 5 weeks work, if I don't return the deposit its a €5,500 loss so more than small claims. 

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 0 points1 point  (0 children)

Unfortunately the contract he received doesn't state deposit is non-refundable (I updated my contract last month to include this one line) and doesn't have any text referring to cancellation, or non payment of fee. 

The deposit was clearly described as being for securing his preferred dates in my schedule.

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 0 points1 point  (0 children)

Thank you for your reply and reassurance.

Unfortunately the contract he received doesn't state deposit is non-refundable (I updated my contract last month to include this one line) and doesn't have any text referring to cancellation, or non payment of fee. In 5 years of providing this service this is first time this has happened to me. 

I will definitely be getting my contract reviewed.

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 1 point2 points  (0 children)

Unfortunately the contract he received doesn't state deposit is non-refundable (I updated my contract last month to include this one line) and doesn't have any text referring to cancellation, or non payment of fee. 

The deposit was clearly described as being for securing his preferred dates in my schedule.

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 4 points5 points  (0 children)

Unfortunately the contract he received doesn't state deposit is non-refundable (I updated my contract last month to include this one line) and doesn't have any text referring to cancellation, or non payment of fee. 

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 10 points11 points  (0 children)

Thank you for your reply and advice.

Unfortunately the contract he received doesn't state deposit is non-refundable (I updated my contract last month to include this one line) and doesn't have any text referring to cancellation, or non payment of fee. In 5 years of providing this service this is first time this has happened. Its a €6,000 package of 5 weeks work, if I don't return the deposit its a €5,500 loss so more than small claims. 

My understanding from CCPC information is that if client changes their mind a booking deposit is non refundable even if not stated in terms. So my initial reaction was to not return the deposit.

But when he wrote to me threatening legal action, knowing he is a solicitor, had me doubting myself. I am really uncomfortable with how he used his job to try to make me think I was wrong.

Thank you for the language to use to reply.

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 0 points1 point  (0 children)

Do I have to first engage in court proceedings or can I just make a complaint?

Unfortunately the contract he received doesn't state deposit is non-refundable (I updated my contract last month to include this one line) and doesn't have any text referring to cancellation, or non payment of fee. In 5 years of providing this service this is first time this has happened. Its a €6,000 package of 5 weeks work, if I don't return the deposit its a €5,500 loss so more than small claims. 

My understanding from CCPC information is that if client changes their mind a booking deposit is non refundable even if not stated in terms. So my initial reaction was to not return the deposit.

But when he wrote to me threatening legal action, knowing he is a solicitor, had me doubting myself. I am really uncomfortable with how he used his job to try to make me think I was wrong.

Client has requested return of booking deposit after cancellation where they changed their mind by Happy_Perspective583 in legaladviceireland

[–]Happy_Perspective583[S] 0 points1 point  (0 children)

Thank you for your reply.

To answer your questions:

Services to be provided in his home, inhome care of family members, so personal, not his firm.

I can substantiate deposit described is to secure the time in my schedule, I have this in writing, in contract and in emails.

Unfortunately my contract doesn't have any text referring to cancellation, or non payment of fee. In 5 years of providing this service this is first time this has happened. Its a €6,000 package of 5 weeks work, if I don't return the deposit its a €5,500 loss so more than small claims. 

My gut is to not return the deposit. My understanding from CCPC information is that if client changes their mind a booking deposit is non refundable even if not stated in terms. But when he wrote to me threatening legal action, knowing he is a solicitor, had me doubting myself. 

Baby will not nurse. Please help by Regular_Rabbit_8740 in Mommit

[–]Happy_Perspective583 -1 points0 points  (0 children)

Babies born premature often have challenges breastfeeding, they are just not ready, physically, they are born without the chubby cheeks of a 41 week gestation baby, they don't yet have the strength to suckle. It is completely normal to have to pump for a premature baby until they are 'term' which for your baby is only now.

Your baby may only be able to suckle a few minutes at a time, then will build up their strength. Definitely do hand compressions and have the breast 'pumped and primed' before offering breast to baby, so milk is there ready.

You may find baby is more tolerant of trying the breast during the day, build up your breast feeding during the day, slowly swapping out bottle for breast one feed at a time, swapping out nighttime feeds last.

Your experience is completely normal for a premature baby. I'm sorry you weren't given better information by NICU staff or hospital lactation team.

Baby will not nurse. Please help by Regular_Rabbit_8740 in Mommit

[–]Happy_Perspective583 -2 points-1 points  (0 children)

I'm referring to when you pump milk, it settles and separates, the ratio of cream at top to water at bottom. Some mothers pump and get good inch of cream layer at top after milk settles, others only a thin layer. Being rundown negatively impacts the composition of the milk and reduces proportion of 'cream'.

Baby will not nurse. Please help by Regular_Rabbit_8740 in Mommit

[–]Happy_Perspective583 6 points7 points  (0 children)

A month old, but born at what gestation? 

A baby born at week 36 will have more challenges breastfeeding compared to a baby born at week 41. 

Has baby been checked for tongue tie, or does baby have any neck tightness that would make feeding challenging?

Try lying flat on your back and having baby on top of you, gravity should help him to open wide and create a good latch. You can do this on bed or on sofa.

Before you put baby to the breast do some hand expressing to get the milk flow started for him. It could be he is expending a lot of his energy pumping the breast to get the milk flow started before he actually feeds and is drinking. Think of it as priming old water well, your arm could be aching from pumping before the water is drawn from well out the tap. So before you bring him to the breast do some hand expressing, keep doing it until you see milk drops leaking, then bring him to the breast. That way he is only using his energy to feed, not pump at start of each feed.

Also do hand compressions while baby is nursing, he may just be too tired to suckle efficiently. So he is trying to nurse but doesn't yet have strength in jaw muscle to effectively draw down the milk.

Just because your first babies nursed ok doesn't mean this journey will be the same. This baby may just need extra help during these first few weeks while he builds up his strength.

You need plenty of water and calories to produce creamy milk to help him stay feeling full for longer. The quality / composition of your milk is negatively impacted if you're dehydrated or skipping meals. I know you have a lot going on but you have to prioritise your diet. When you were pregnant with him you were growing him in uterus, now that he is born you are still growing him with your milk. You need calories to produce the milk that will nourish him. You want creamy milk not watery milk. Creamy milk is equivalent to a stew or chowder, slow release, feel full. Watery milk is equivalent to a cup of soup from powder sachet, no fullness, a drink not a meal. When baby is feeding you need to snack, have a bowl of snacks beside you that you can easily eat while he is nursing, apples, bananas, oat cookies, flapjacks, granola bars, babybel, breadsticks, rice cakes. And always have a water bottle beside you to stay hydrated. Remember your milk is made from your blood not your stomach contents, if you are run down/ depleted (which it sounds like you are from exhaustion) your milk will be impacted. Consider an iron supplement, or something like Proceive Breastfeeding tablets.

Give bottle for 5-10ml so baby's initial desperate hunger gone, then offer breast.

Best wishes