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DonnaE
02-08-2008, 11:55 AM
I wonder if anyone could help. In February I started looking after a child with serious behavioural problems. It has gradually got worse as the months have gone on and is now affecting not only mine, but the children I care for and my familys wellbeing so last week I gave the mother 4 weeks written notice.

Now the problem I have is that the mother is a terrible payer - for the past 2 months she has told me her company have not paid her (she works for a very large and very well-known courier service so I find this very hard to believe) - she has never paid me on time but she managed to go on holiday a couple of weeks ago and had money for that. She is a single parent so I think she tries to play on that and she should really be using the childcare element of her tax credits to pay me. She owes me a lot of money and has given me some but I have told her she must pay me the rest of July's invoice by next Friday (8th). Do I have the right to stop looking after the child if she doesn't pay me even though I am working out my 4 weeks notice. I just have a feeling she won't pay me and then I will have to go through small claims court with NCMA which I really don't want to do. She will also owe me more money for this month as well which is the 4 weeks notice. AAARRRGGHHH Why me - has anyone else had an experience like this. I think its disgusting I have bills to pay too - you wouldn't go to the supermarket and fill up your trolley and just walk out without paying for it would you.

If anyone can help I'd be really gateful.

Thanks

Donna

Pipsqueak
02-08-2008, 01:21 PM
Hi Donna
I would put it into a letter - nicely worded, what you expect - ie payment bought up to date by xxx date. Put in there that you have provided a service as per the contract that she signed (put a photocopy in) and that she is in breach of the payment terms and conditions. Put in that you will, if necessary pursue and recover the money through legal channels and you will be taking advice from NCMA solicitors should this amount remain outstanding. Also put in there that you would appreciate her honesty if she is experiencing payment difficulties and you may be able to negotiate a suitable payment schedule for both of you (this would be on your terms and conditions).
And there you have been nice and understanding.

Get the letter typed, get a signed copy for your records and get it sent/hand delivered today.
Ideally you need this sorted out asap before the end of the contract.

Pudding Girl
02-08-2008, 02:21 PM
Sounds like you aren't going to get your money any time soon to be perfectly frank, and that it would be reasonable for care to be withdrawn, otherwise you are still working for nothing and her bill is being increased.

To me it sounds like it'll be a problem getting the cash and maybe need to go to court anyway, so I would stop now if it were me.
When you do whatever you decide to do, I'd ring tax credits and inform them care has stopped too or she might conitinue to claim - not your problem I know, but it's a morality thing for me!

DonnaE
02-08-2008, 02:34 PM
Sounds like you aren't going to get your money any time soon to be perfectly frank, and that it would be reasonable for care to be withdrawn, otherwise you are still working for nothing and her bill is being increased.

To me it sounds like it'll be a problem getting the cash and maybe need to go to court anyway, so I would stop now if it were me.
When you do whatever you decide to do, I'd ring tax credits and inform them care has stopped too or she might conitinue to claim - not your problem I know, but it's a morality thing for me!

Oh yeah I'll definitely ring HMRC because she is just the sort of person who would try to carry on claiming. To be honest I feel like ringing them now as she should be using the tax credits to pay me not get her fags and petrol as she so kindly told me - which wound me up even more! :angry:

sarah707
02-08-2008, 04:30 PM
It really depends on what your fees policy says ... if you have stated that you reserve the right to terminate if you are not paid, then you can stop immediately.

If not, she could make life difficult for you if she chooses by saying you broke your contract with her.

Good luck with it all! :D

miffy
02-08-2008, 05:25 PM
Nothing to add to the advice already given but didn't want to read and run.

Hope you get it sorted and she pays the money - are you adding on late payment fees?

Miffy xx

DonnaE
02-08-2008, 06:20 PM
Nothing to add to the advice already given but didn't want to read and run.

Hope you get it sorted and she pays the money - are you adding on late payment fees?

Miffy xx

I am now - I have just written her a letter explaining about it all - when I require the full amount, what will happen if I don't get it ALL ie withdraw the child's place and charge late payment fee per day, still charge her for the time I don't have the child and if I still don't get it will take matters further via speaking to NCMA. She has been late paying every month and because she is a single mother and because I am a softy I don't actually charge the late payment fee. BUT NO MORE MR NICE GUY!

miffy
02-08-2008, 07:40 PM
I am now - I have just written her a letter explaining about it all - when I require the full amount, what will happen if I don't get it ALL ie withdraw the child's place and charge late payment fee per day, still charge her for the time I don't have the child and if I still don't get it will take matters further via speaking to NCMA. She has been late paying every month and because she is a single mother and because I am a softy I don't actually charge the late payment fee. BUT NO MORE MR NICE GUY!

Well done - think NCMA's first advice would be to put everything in writing with specific dates to pay by.

Please let us know how you get on - will keep my fingers crossed that she comes up with the money once she realises you mean business

Miffy xx

angeldelight
04-08-2008, 09:21 AM
Good luck

Let us know what happens

Angel xx

Ripeberry
04-08-2008, 10:09 AM
I'm sorry you're having so much trouble with this mum, the poor kid must be feeling it also and this is why he plays up?
My childminder a few years ago had problems like this, same excuses and she ended up having to terminate the contract and losing over £600!
Also the son was swearing so much that it was affecting the other mindees in her care, he was only 3yrs old!
This means that once i set up my policies and contracts i'm going to state that payment has to be made at the begining and NOT in arrears and there will be a late payment fee of £5 per day and any non-payment for more than 2 weeks would mean immeadiate cancellation of contract.
There, that should sort out the ones who think they can play on our good natures:cool:

DonnaE
04-08-2008, 02:42 PM
I'm sorry you're having so much trouble with this mum, the poor kid must be feeling it also and this is why he plays up?
My childminder a few years ago had problems like this, same excuses and she ended up having to terminate the contract and losing over £600!
Also the son was swearing so much that it was affecting the other mindees in her care, he was only 3yrs old!
This means that once i set up my policies and contracts i'm going to state that payment has to be made at the begining and NOT in arrears and there will be a late payment fee of £5 per day and any non-payment for more than 2 weeks would mean immeadiate cancellation of contract.
There, that should sort out the ones who think they can play on our good natures:cool:

Yeah I took on a new child the other day for September school runs and put on the contract that fees are to be monthly and in advance and she was fine about it - but I can tell she is going to be a good payer - you just know don't you. I also explained why I do this (obviously not going into too much detail) and she couldn't believe it either. I have also updated my fees policy stating this too - I already do the £5 charge per day late payment but because she is a single mother I fell for her sob stories each month.

When I had a childminder years ago I put the money to one side at the beginning of each month and although I paid her weekly it was there to pay her. The way I see it if you don't have the means to pay you shouldn't be using the service!

cloud9
05-08-2008, 10:24 PM
I was in a similar situation a while ago ans contacted NCMA. However they told me i could not just stop minding the child i could only give notice and continue to care for the child. They said even though the parent is in breach by not paying i could not breach by not providing the required notice period and i would then be liable for the parents loss of earnings and open to legal action. NCMA will then intervene if the outstanding fee's have not been paid by the last day of the notice period and not before.

Hope that helps and good luck i know its a nightmare but u will get it sorted!

Chatterbox Childcare
06-08-2008, 08:11 AM
Hi

I would definately contact my insurance company. A fellow childminder had problems and Morton Michelle paid her the £500 outstanding and then continued to sue the parent themselves.

Try monthly in advance from now on and then if notice is given you have already been paid.

Don't be put off by single mums though and I have 6 of them and they are a great lot.

Debbie :o :p

DonnaE
07-08-2008, 02:51 PM
Well still no sign of the dosh yet and she hasn't actually said anything about it to me. We shall see tomorrow - unfortunately I will have to carry on looking after the child as I am working out my 4 weeks notice (contacted NCMA) so will tell her this tomorrow if she doesn't pay but I am sure as hell gonna add £5 per day its late. What I can't get my head round is that surely if her company has put her wages into someone elses account for the second month running then wouldn't they offer her a cheque and then reclaim the money back - if this isn't the case WHY IS SHE STILL WORKING FOR THEM!!!!!!!!!!!!!!!!!!!! :rolleyes:

Also another thing I question - why is a very large and well known courier company using students to data input wages into computers???? Wouldn't they be using experienced accounts people???!!! I think she thinks I was born yesterday - well the way I feel now is that she is messing with the wrong person!!:angry: