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claire'scherubs
16-09-2010, 01:01 PM
I think I have just learnt my first valuable lesson.

Signed a contract for a LO 2 year old to start the Monday just gone.

Anyway Mum contacted me over the weekend and said that as she hadn't got a lot of work on next week so couldnt see the point of paying for childcare and could we start the following week.

I agreed and thought I would give her the benefit of the doubt and DIDNT mention that if he didn't come then she would have to pay 1/2 fees as per contract.

In the meantime I have had X amount of enquiries and I have delayed helping them because I was full. I have started a temporary contract today because the Mum was desperate for childcare and I was begining to have doubts about the other LO

I have text and emailed the Mum, asking for all the paperwork and permission slips and payment for next week to be brought to me by the end of the day, otherwise I may have to terminate the contract.

If she fails to respond, then do I have a leg to stand on as we were only going to be in the settling in period of the contract, and is this why you all take a non refundable deposit?

Stupid fool, now I get it!!!!!!

Mykidsrock
16-09-2010, 01:26 PM
If you have signed a contract and it states a start date - if she has not taken it, she is still bound by the terms of your contract with her. You were available to work, she has chosen to not use your place. I'd still be charging her.

xx

Blue Boy
16-09-2010, 04:49 PM
If you have signed a contract and it states a start date - if she has not taken it, she is still bound by the terms of your contract with her. You were available to work, she has chosen to not use your place. I'd still be charging her.

xx

Totall agree:angry:

miss mopple
16-09-2010, 04:55 PM
If you have signed a contract and it states a start date - if she has not taken it, she is still bound by the terms of your contract with her. You were available to work, she has chosen to not use your place. I'd still be charging her.

xx

sadly this isn't true, well not if its an NCMA contract anyway. My friend had a similair situation and as far as the NCMA legal team were concerned if the child hadnt actually started then the contract wasn't enforcable at all.

claire'scherubs
16-09-2010, 08:25 PM
sadly this isn't true, well not if its an NCMA contract anyway. My friend had a similair situation and as far as the NCMA legal team were concerned if the child hadnt actually started then the contract wasn't enforcable at all.

Mmmm that is was I feared would be said

The Juggler
16-09-2010, 09:39 PM
that is ridiculous. If the contract has a start date and the contract says mum agrees to pay x amount for x hours care from x date, then she is bound by those terms.

sorry but:angry: :angry: :angry: I would tell mum you moved the date of the contract back when she requested the first time but from now full fees are due. Or, you could say someone else has shown an interst and does she still want the space?

miss mopple
17-09-2010, 06:27 AM
I think they said it was someting to do with having no time for 'due consideration'. In other words as the minder and child have had no time to actually get to know eachother (as they havent had a settling in period or spent time together) to see if the arrangement will work then its not a viable contract.

Thats what my friend was told anyway

The Juggler
17-09-2010, 01:35 PM
that is ridiculous. If the contract has a start date and the contract says mum agrees to pay x amount for x hours care from x date, then she is bound by those terms.

sorry but:angry: :angry: :angry: I would tell mum you moved the date of the contract back when she requested the first time but from now full fees are due. Or, you could say someone else has shown an interst and does she still want the space?

ps I did mean the NCMA not the poster was ridiculous for this advice:blush:

Mummits
17-09-2010, 03:14 PM
As I understand it a non-returnable reservation deposit does provide some protection in that it says on the NCMA contract that the childminder can keep this if the parent fails to take up the place for any reason on the agreed date. I had someone just fail to show up last year and the advice I was given was that I could keep their deposit but I would be wasting time pursuing any childcare fees, even though I had been trying to contact them for a week or two to see what was going on and had turned away other enquirers (so I now take a larger deposit in the hope that it will be more of a deterrent to behaving like this).

I think you can also keep any retainer paid up to that point if they decide not to use the place.

Also, whilst NCMA suggests a settling in period, you do not have to have one. It means you can get rid quickly of a child or indeed parents who prove unexpectedly difficult. I'm guessing not many parents would insist on a two or four notice period if they were made aware that you were set on ending the arrangement at the earliest opportunity, particularly if the reason was that their child was not settling (I may be wrong here!).

I haven't yet had any children I have been desperate to get rid of, so if it were more a case of the parents proving to be a pain, I think I could probably put up with a bit a bit of hassle from them for a fortnight or a month and just rely on the ordinary notice provisions (or my own policies which state that no notice is needed if there is bullying, abuse, violence etc.)

Mykidsrock
17-09-2010, 05:04 PM
sadly this isn't true, well not if its an NCMA contract anyway. My friend had a similair situation and as far as the NCMA legal team were concerned if the child hadnt actually started then the contract wasn't enforcable at all.

Perhaps the NCMA could explain why we even bother with a contract and holding places. Seems a bit silly. You sign a contract anywhere else and its enforceable. Gee's if the parent's get wind of a signed contract not being enforceable unless a mindee starts, how many of them will use it as an opportunity to 'book' someone (perhaps lots of someone's) and then pick and chose which one they want whilst the rest are holding places for nothing??

x

funfunfun
17-09-2010, 06:05 PM
I have settling in though for 4 weeks So either party can pull out if they arnt happy ...........without notice !!!

So if you state somthing as above in your contracts ...im not sure you could charge them . :blush : as its within the 1st 4 weeks

I think

mum2two
17-09-2010, 07:06 PM
I'm the same as funfunfun. Settling in period, where either party can terminate without notice within the first 4 weeks.

You've said it's within the settling in period, so if this is the case I would post a letter to her, recorded del, terminating the contract immediatley, if she's not responding to you.

Unfortunatley, the NCMA legal team are useless! I had a parent owing me £800, and they sent all the letters (although I had to call them each time her 'time frame' had elapsed, to send the next one.) Got a CCJ against her, and still ended up not seeing a penny!

Hope you get it sorted.

x

claire'scherubs
17-09-2010, 09:12 PM
Yes that is what I do, a 4 week settling in period, no notice required on either side.

As for the person in question, still not heard anything, so will be sending a letter tomorrow, terminating the contract.

I wonder if an admin charge could be added into my policies for all the :censored: wasted paper.

funfunfun
18-09-2010, 04:38 PM
I'm the same as funfunfun. Settling in period, where either party can terminate without notice within the first 4 weeks.

You've said it's within the settling in period, so if this is the case I would post a letter to her, recorded del, terminating the contract immediatley, if she's not responding to you.

Unfortunatley, the NCMA legal team are useless! I had a parent owing me £800, and they sent all the letters (although I had to call them each time her 'time frame' had elapsed, to send the next one.) Got a CCJ against her, and still ended up not seeing a penny!

Hope you get it sorted.

x

PHEW :laughing:

thought id put my foot in it there exspected a battreing :blush: