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View Full Version : Nightmare is not the word.....



lorettacritchet
17-02-2013, 05:05 PM
Oh my daiiizzzz, I am officially fighting but cannot make these parents who owe me money see I have already made deductions in my breakdown - they seem to have in their heads I have taken over 40+ hours in appointments!!! :laughing: - how would that be possible!!!!! and therefore they keep deducting £200 off my bill!!! They even threatened my solicitor with employing their own!!! oh my god this is killing me....

sometimes I am thinking I should let it go but then these people have been evil towards my daughter and further more I hate to think these people are getting their way!!!!

Unfortunately I can't even sit down with them and show my sickness/holidays are all shown on the breakdown and I took one afternoon off (2.5 hours ) owing to her against all the overtime I have done for her which more than makes up for it.....I am so :angry:

My NCMA solicitor is now saying she can't do anymore work as it isn't covered.....:panic:

What would you guys do?

Koala
17-02-2013, 05:18 PM
I would weigh up how much they owe you - to how much it is worth fighting.

:angry: Typical that NCMA cover has fallen short :angry: but not surprising

They obviously know how to prolong things until it starts costing you more with solicitors fees,time and stress ect... Ask yourself 'is it worth it?

Morally - you should hound them through hell and high water to get what is owed to you!
But
Practically - Would it be better just to draw a line under it, write it off and learn from the experience?

Feeling for you, but don't let it ruin your life.

We can soon give our precious time to situations and you end up peeing in the wind, :laughing: its an impossible situation that only ends up with you in a worse place than before you started.

sarah707
17-02-2013, 08:31 PM
:group hug::group hug:

Maybe take advice about the small claims court... but put yourself and your family first xx

bunyip
17-02-2013, 08:31 PM
Oh my daiiizzzz, I am officially fighting but cannot make these parents who owe me money see I have already made deductions in my breakdown - they seem to have in their heads I have taken over 40+ hours in appointments!!! :laughing: - how would that be possible!!!!! and therefore they keep deducting £200 off my bill!!! They even threatened my solicitor with employing their own!!! oh my god this is killing me....

sometimes I am thinking I should let it go but then these people have been evil towards my daughter and further more I hate to think these people are getting their way!!!!

Unfortunately I can't even sit down with them and show my sickness/holidays are all shown on the breakdown and I took one afternoon off (2.5 hours ) owing to her against all the overtime I have done for her which more than makes up for it.....I am so :angry:

My NCMA solicitor is now saying she can't do anymore work as it isn't covered.....:panic:

What would you guys do?

Hi Loretta, :group hug:

Sorry to hear this remains unresolved. I know this is difficult, as it feels so unfair and is very personal what with the upleasant allegations around your DD. However, I do think it's important to concentrate on what is achievable.

Resolving the debt isn't necessarily going to make you feel any better about what has happened or how you've been treated. Legal support isn't going to deliver that emotional support. It is hard, but you need to seperate the legal/financial apsect from the emotional one, and your post suggests that the 2 are getting mixed up. You could win on the money issue and still end up feeling hurt. If you pin your emotional hopes on legal success, you may end up getting hurt even more. And your legal case is possibly undermined by seeing these people as "evil" and considering it "threatening" for them to employ a solicitor.

I'm assuming you've done all you can about the complaint aspect. Is that now resolved? Is it at least at a point where you've done all you can do and are waiting on a response?

I don't quite understand your statement about the NCMA solicitor. Exactly what are you asking her to do that she says isn't covered?

Unless I've misunderstood, the only legal aspect that has to be resolved is the recovery of fees due to you - is that correct? So all that should be happening is for you and NCMA to get all the paperwork together as proof of how much you are owed, so your solicitor is then able to make a coherent case to the courts.

Do you have all the necessary evidence?
Is their a problem with collating it?
Is the NCMA solicitor failing in this regard?

If you feel the NCMA solicitor isn't delivering the service you are entitled to, then you need to take this up with the NCMA membership services. Ultimately, you might need to employ a private solicitor - most will give a brief free interview to decide if it's worth pursuing. Or you could go through the 'small claims' process for debts of less than £5000.

Kiddleywinks
18-02-2013, 05:51 AM
My NCMA solicitor is now saying she can't do anymore work as it isn't covered.....:panic:



?? In what way is recovering fees from a non paying parent not covered by your insurance? As Bunyip asks, are you asking for them to do more than recover fees?

pinky33
18-02-2013, 08:28 AM
Push harder with Ncma as after all that's what you pay them for, good luck.

CH1957
18-02-2013, 01:05 PM
?? In what way is recovering fees from a non paying parent not covered by your insurance? As Bunyip asks, are you asking for them to do more than recover fees?

I had the NCMA solicitors chase a non paying parent for me a while back. They sent her two letters exactly the same as I had sent (almost word for word!!) and then told me that as the parent does not work they cannot chase any further for the money and that I would probably not get my money back through small claims court for the same reason.

I decided it wasnt worth persuing as only a small amount but wasnt happy that NCMA couldnt do more and will seriously reconsider using them when I need to renew insurance.

Belly2009
18-02-2013, 01:42 PM
Hi,

Im sorry but you dont need to employ private solicitors to chase debts through the county courts.

I should know its what i did for a living before childminding. If you want help or advise give me a private message with all your details of situation and ill help u out.

If u approached a law firm over things like this, they would charge uba ridiculous fee for doing it and there is still no guarantee of an outcome in ur favour. Yes they could get a county court judgment but you need to look at enforceability and cost issues.

Tazmin68
18-02-2013, 01:55 PM
I had a similar experience with ncma legal team.

I was owed money and ncma sent letters to the parents and I then found out that their business had gone under and was advised as they no longer had by income it was not worth chasing so I let it go in the end and wrote it off.

Debbie

bunyip
18-02-2013, 07:09 PM
The unfortunate fact is that if a client lacks the means to pay a debt, then you're unlikely to get paid no matter who is doing the legal work.

It doesn't really matter one jot whether it's NCMA, MM, a private solicitor or Rumpole of the Bailey. :huh:

Even if a CM wins a CCJ and gains the right to recover the money, they can be left in a very invidious position. If the clients have no liquid assets, are you prepared to employ a debt recovery agency/bailiff to go in and sieze goods? Then spend the rest of your career trying to recover from the reputation as the CM who sent the debt collectors in to a family home?

lorettacritchet
19-02-2013, 12:31 PM
I am not asking for the solicitor to do anything out of the ordinary which I wouldn't expect out of a normal solicitor fighting for their client's monies. It seems to be that there's only a certain amount of letters they can write on your behalf. I have only asked the solicitor to go back to the ex client and fight the ex client's refusal to pay the extra £200 owed (they seem to think I haven't written any/all my sickness or any on the breakdown I provided them with). I have already sent the solicitor a letter telling her I have evidence of my attendance records, most of which have been signed and my diaries but because this child took so much time off in October/November I do not have these two months signed....so that part of it is unfortunate.

This is some of what the solicitor wrote me:

I am not covered by your policy to engage in any further correspondence with Ms X. I would suggest that we next write to her on the 22nd February asking for an update on the student finance situation. I am more than happy to write to her however this will incur a charge of £10. My next step would be to refer this to the Insurers which I am happy to do, they will inform me of what further steps I can take under the contract. However as X is a student they may not cover us to do any further work.

Apparently I haven't got my money from this ex client because although the CG2 form was sent on 3rd January to be processed, the university claims department are dealing with this at the same time as the grant for the new childcare provider - makes no sense to me and therefore I do not believe it but have no prove otherwise but also could be wrong. Good luck to the new provider is all I can say.

QUOTE=bunyip;1212525]Hi Loretta, :group hug:

Sorry to hear this remains unresolved. I know this is difficult, as it feels so unfair and is very personal what with the upleasant allegations around your DD. However, I do think it's important to concentrate on what is achievable.

Resolving the debt isn't necessarily going to make you feel any better about what has happened or how you've been treated. Legal support isn't going to deliver that emotional support. It is hard, but you need to seperate the legal/financial apsect from the emotional one, and your post suggests that the 2 are getting mixed up. You could win on the money issue and still end up feeling hurt. If you pin your emotional hopes on legal success, you may end up getting hurt even more. And your legal case is possibly undermined by seeing these people as "evil" and considering it "threatening" for them to employ a solicitor.

I'm assuming you've done all you can about the complaint aspect. Is that now resolved? Is it at least at a point where you've done all you can do and are waiting on a response?

I don't quite understand your statement about the NCMA solicitor. Exactly what are you asking her to do that she says isn't covered?

Unless I've misunderstood, the only legal aspect that has to be resolved is the recovery of fees due to you - is that correct? So all that should be happening is for you and NCMA to get all the paperwork together as proof of how much you are owed, so your solicitor is then able to make a coherent case to the courts.

Do you have all the necessary evidence?
Is their a problem with collating it?
Is the NCMA solicitor failing in this regard?

If you feel the NCMA solicitor isn't delivering the service you are entitled to, then you need to take this up with the NCMA membership services. Ultimately, you might need to employ a private solicitor - most will give a brief free interview to decide if it's worth pursuing. Or you could go through the 'small claims' process for debts of less than £5000.[/QUOTE]

lorettacritchet
19-02-2013, 12:33 PM
The point is this woman has had her form filled in so will have the money which is rightfully mine. Should she have chosen to pay for her own personal things rather than pay her annoyed x childminder then it's fraudalent claim.



The unfortunate fact is that if a client lacks the means to pay a debt, then you're unlikely to get paid no matter who is doing the legal work.

It doesn't really matter one jot whether it's NCMA, MM, a private solicitor or Rumpole of the Bailey. :huh:

Even if a CM wins a CCJ and gains the right to recover the money, they can be left in a very invidious position. If the clients have no liquid assets, are you prepared to employ a debt recovery agency/bailiff to go in and sieze goods? Then spend the rest of your career trying to recover from the reputation as the CM who sent the debt collectors in to a family home?

partyrings
19-02-2013, 12:53 PM
I had the same problem with mm last year. Told me a load of rubbish and in the end I went online to the small claims court, filled out the forms, paid the £35 fee which I added on with all the interest and other fees owed and filed a claim. The papers were served and within 12 hours the clients agreed to pay an amount each week to pay off the bill. The thought of going to court and if they lost having a ccj was not something they wanted. I did it out of principle. They used my services so what gave them the right to refuse to pay. The bill has now been paid :0)