Advice needed ASAP please

[sarah sunflower]

Posted before bout said family, late payments of fees!!

Have just had a text off child's parent saying they need to change days so I replied saying if I have space that's fine.
Reply I got was "we just need one day now so I'll come on morning to change contract."

I replied saying I need four weeks notice of any kind of contract change especially since they text while I have their child and have told me they don't need him cared for tomorrow.

It's alot of money to lose inmediatly so what would you all do?

Tell them I have to have four weeks written notice and then they will only be charged for the one day?

Sorry if this is rambling but need advice ASAP!!

Shall I ring Ofsted or someone for their advice??


Thanks in advance

X

[Goatgirl]

Hi Sarah,
Yes, you're right: if you have 4 weeks notice to end contracts then its 4 weeks notice to end the current arrangements and its up to you whether you want to agree to the new ones :).
You don't need to tell/ask anyone - just write a letter accepting their 4 weeks notice to change/end contract. If its just a change to hours but no other terms, I'd probably just add a bit to the letter for them to sign saying they agree xxx are the new hours, with start date etc and state all other details remain the same as on the original contract. Then I'd staple the signed letter to the contract and give them a copy (also signed).

Stand up for yourself and don't let them tell you how you'll be running your business :thumbsup:

best wishes,
Wendy :)

[Carol M]

Stick to the terms of the contract hun!:thumbsup:
Good luck
Carol xx

[jane5]

Ofsted dont get involved in money issues at all, I dont know about any one else.

I would definitely expect 4 weeks notice as this is in my contract and 4 weeks payment.

If this is what is in your contract then explain that you will be happy to change their contract and fees to 1 day after the 4 weeks notice period.

[miffy]

They are being cheeky - they need to give/pay you whatever notice period is on your contract.

If they want to drop down to one day immediately, fine but they must still pay you for however many days a week they are contracted until the notice period ends.

Miffy xx

[sarah sunflower]

Just had a very snotty reply when I told them I needed the four weeks notice

He said it doesnt state anywhere about changing hours just four werks notice about leave.(my period to completely end the contract is 6 weeks so they can either take my four weeks or give me my notice period to completely end contract) And they "certainly" don't need the next four weeks if care!
What do I do if the refuse to pay the next four weeks of fees??

I'm quite new to minding only been going since nov so not sure how to handle this!!


Thanks x

[JCrakers]

If it says 4weeks then stick to it....can you imagine what they would say if it was the other way round?
If you told them today that you can only do 1 day from tomorrow...they wouldnt be happy

be strong :)
becky x

Edited to say I would state that it is an end of contract as you have to draw another one up. I cant believe the nerve of some people :angry:

[ChocolateChip]

Stick to the notice period hun, they need to pay you for the four weeks.
Hope you get it sorted out ok :)

[appleblossom]

Just had a very snotty reply when I told them I needed the four weeks notice

He said it doesnt state anywhere about changing hours just four werks notice about leave.(my period to completely end the contract is 6 weeks so they can either take my four weeks or give me my notice period to completely end contract) And they "certainly" don't need the next four weeks if care!
What do I do if the refuse to pay the next four weeks of fees??

I'm quite new to minding only been going since nov so not sure how to handle this!!


Thanks x

If the contract says it is 6 weeks notice to end the contract then that is what is due, as they are asking to end the current contract and have a new one put in place. By asking for 4 weeks notice you are actually letting them off two weeks notice.

[sarah sunflower]

I am annoyed to say the least!!

I'm not a good confrontational person!
I HATE it!! :(

Dreading them coming to pick child up but will have a word when they do. Will explain it's four weeks to change the contract and they can either use the two days or pay for the two and just use one!! Grrrr this is the first "problem" family I have. They finish altogether at the end of July anyways!!

Thank you everyone. I'll be back tonight to tell you all what happened :(

X

[miffy]

Be prepared that they may walk away owing you fees especially if they are not happy.

They've tried it on (I suspect they know very well that they should give you 6 weeks notice) now you have to stand firm and I hope you will get your money.

Miffy xx

[sarah sunflower]

What happens if they do walk away owing me money??

[Mouse]

What happens if they do walk away owing me money??

Are you with NCMA? I would phone them now & explain the situation. You then have some back up when parents come to collect their child as yu can say you have contacted your insurance company and they have advised you.... (whatever advice they give). Also ask what will happen if parents leave owing you money. Again, you will then have your answer ready if parents say anything about leaving immediately.

Get your facts ready before parents arrive. It makes any confrontation much easier if you know where you stand legally :thumbsup:

[funemnx]

Do the parents pay in arrears? A lot of childminders now charge a month in advance to avoid parents leaving owing money, so it might be worth thinking about that when you get new parents. I hope it's sorted soon for you x

[skytvaddict]

I thought I had a parent try to do this the other day, I checked the contract - where does it state 4 weeks to change current arrangements? When I checked the contract mine didn't say it anywhere - just 4 weeks notice of leave etc as this parent has stated!

I need to re-do my contracts I think :confused:

[mushpea]

I do mine in arreas
I would explain to the parent that by changing days they need to end the current contract and start a new one therefore your offer of 4wks noitice instead of 6weeks was a good will gesture and that if they are not happy then maybe its better to end the contract alltogether and to give you the full 6wks notice,, if they dont pay ring your insurance company who will assist you in getting back moneys owed.
good luck and let us know what happens

[miffy]

I thought I had a parent try to do this the other day, I checked the contract - where does it state 4 weeks to change current arrangements? When I checked the contract mine didn't say it anywhere - just 4 weeks notice of leave etc as this parent has stated!

I need to re-do my contracts I think :confused:

If you're using NCMA contracts there is space on the last page to put the number of weeks needed to terminate the contract.

If a parent wants to do less (or more) hours then the current contract needs to be terminated and a new one drawn up unless cm and parent agree otherwise.

Miffy xx

[tulip0803]

If you're using NCMA contracts there is space on the last page to put the number of weeks needed to terminate the contract.

If a parent wants to do less (or more) hours then the current contract needs to be terminated and a new one drawn up unless cm and parent agree otherwise.

Miffy xx

Agree with Miffy. What the parent is asking you to do is finish the present contract and change it so a new one is needed. In this case it is x weeks notice to terminate contract before a new contract with new hours can start.

Any major change means a new contract and termination of old contract otherwise parents could drop from 40 hours a week to 2 without notice to us or decide to change days without our agreement.

The contract stands until 4 weeks notice is given to change the terms and conditions or terminate the contract.

[Little Bear]

I would say they need to give 4 weeks written notice

[sarah sunflower]

Mum came to pick up and I was brave and told her that she was meant to give me 6 weeks notice to change contract as she is ending present contract and starting a new one. However I will allow 4 weeks notice but want the cash when she brings child tomorrow and I will have a letter for her to sign stating that in four wks time she will be going onto a differnt contract and money will be expected in advance (as iv been chasing her for money every week!)

Glad its all done but tomorrows another day so we will see what step dad says tomorrow!! grrr!!! Glass of wine is needed now my lo is in bed!!

Thanks for everyones advice u have all been fab!!

I shall be back tomorrow to let you know if anything happened with step dad!! fingers crossed nothing happens :)

x

[Goatgirl]

wow: good for you, tackling it head on :thumbsup:

Hopefully step dad will realise that changing hours constitutes the ending of one and the beginning of another contract. cheeky so and so: the whole point of notice is to protect everyione involved - you from being suddenly without expected income and them from being suddenly without childcare :rolleyes:

....so fingers crossed parent arrives tomorrow with money and a better attitude :)

[miffy]

Mum came to pick up and I was brave and told her that she was meant to give me 6 weeks notice to change contract as she is ending present contract and starting a new one. However I will allow 4 weeks notice but want the cash when she brings child tomorrow and I will have a letter for her to sign stating that in four wks time she will be going onto a differnt contract and money will be expected in advance (as iv been chasing her for money every week!)




x

Well done! :clapping: That is an excellent way to sell it to her :thumbsup:

Unless step-dad has also signed the contract it's actually nothing to do with him so don't take any flack from him.

Good luck tomorrow but it sounds as though you've got it all under control.

Miffy xx

[sarah sunflower]

Thank you I was very proud I stuck to it as I was shaking soooo much!'

I'll be back for another rant tomorrow if he kicks off. Hopefully he won't tho! Got my partner staying home in morning incase anything does happen. Step dad isn't the type to kick off but after snotty texts I'm not sure! Luckily not got any other kids in the morning so fingers crossed it all goes well!!


Thanks everyone!!

Hope you all had a better day than i did today!!

Xx

[Carol M]

Well done you :thumbsup:
Hope things will be ok this morning.
Carol xx

[sarah sunflower]

step dad just been. He's not happy that it will take four weeks to change days so I said I'd rang my insurance people and they said it's as current contract ends and u have to do a new one.

He still wasn't happy and had brought contract with him and I said well it's either 4 wks or I can do 6 wks to end contract. He said well on the back it says a max of 4.

He argued a toss and thretned solicitors so I said ok u can have four wks to terminate contract altogether instead. But I want cash on a Friday and he said he wasn't happy as he doesn't get a receipt with cash so he will stick to bank,(he does get a receipt but a few weeks ago he said he just bins them so not to bother to give him one!! I still give them though!!)

mums going to write me a letter for tonight. When he left I cried iv never
been spoke to like that before

I wish I could of just told them not to bother coming back ad iv had nothing but problems since they started!! But that's not very professional!!

Roll on 6pm will need s bottle or twenty of wine tonight

But on a good note I now have a space available so can ring up the lady who wanted a place for July :)

Hope everyone has a good day!!

Xx

[Goatgirl]

Hi Sarah,
So sorry you've had to put up with this rubbish. some people are just plain nasty and he sounds like one of them... :(

Although it would feel like backing down I am very affected by stress like this and will avoid it if at all possible. In your position, if I could do without the money I'd terminate with immediate effect, citing his aggressive attitude and unreasonable demands as the reason. You shouldn't have to tolerate abusive behaviour, verbal or otherwise...

On the other hand, its not right that he should get away with leaving you out of pocket just because things haven't gone his way:( ....if you stipulate payment in advance on your contract, then you should be within your rights to tell them you will refuse to accept the child/children for childcare until payments are made as arranged.

If you want cash, not a bank transfer, that's also up to you, although the payment being made at all is obviously the priority.

Rude rude man. :angry:

He's just a bully, trying to feel good by putting you down.

At least you know you are the better person and have stuck up for yourself. now you've had this experience, I bet you see the next one coming a mile off. Good for you, looking forward to starting a new LO in July. You'll be better off without this family for sure - onwards and upwards :thumbsup:

Hope your day gets better,

best wishes,
Wendy :)

[sarah sunflower]

Thank you Wendy. He is a bully, my partner was in the house and couldn't believe the way he spoke to me.

All morning I have been considering saying I want to terminate with immediate affect but y should they get away without paying me. I've already been good saying 4 wks instead of 6 but I know next week im going to be dreading them dropping child off.

They pay in arrers rather than in advance which I stupidly agreed to when they started but 6 weeks ago they changed to paying by bank. It's never been on time yet! Think I'm going to have a word with mum when she collects child (child said mum was in car this morning as she was scared to come in!) and tell her I'm terminating contract immediately as in not being threatened in my own home with solicitors etc And made to feel like crap. How would they feel if this was the other way round!

Thank you for your great advice.

[Kiddleywinks]

Is the contract, a private and confidential document, been made with him AND mum, or just with Mum?

If it's just with Mum, I personally would point out to her - in writing, and verbally, that due to his abusive, aggresive and threatening behaviour, he is no longer welcome at what is not just your workplace but also your HOME, the contract was made with her and as such you are unable to discuss the terms with anyone other than her, and the 4 weeks stands! Why should you lose out financially??

and big hugs to you lol
chrissie x

[sarah sunflower]

Thank you chrissie!

Yes contract is with mum! She is collecting today so I will state that it is her that all contact needs to come from her not her partner!!
I never thought about who had signed contract!

I don't want him back in house and I am dreading when they come to collect their child! Also dreading the next four weeks of dealing with these parents :(

X

[sfox2003]

OMG. How horrible. Stick to your guns, dont give them what they want & terminate immediatley.

He sounds like a man with a short fuse - not someone I would want to deal with. I cant beleive your hubby had the self control to keep quiet - well done him. DH getting involved would have made things worse.

It sounds to me like they had stuff all worked out & thought they could do what they liked - well no. Like someone said what would he do if you would have cut their hours down to one day a week with immediate effect. A contract is there to protect both parties.

Ride the next 4 weeks out. Dont have much to say, just put together learning journal & paperwork as you would for any other child - be the professional you are & dont reduce your standards. Then you can put it behind you. Good luck hun - have a glass or 10 of wine tonight ;)

xxx

[Kiddleywinks]

Your welcome ;-)

I would seriously put it in writing, and explain what the letter means to mum so you know it's been done verbally too in case they chose to 'not open' the letter iyswim

You are entitled, under English Common Law to revoke license for (specific) people to visit your property, and if the notice is ignored they can be liable for a tort of trespass and action, including, police attendance can be justified

Also, log everything if not done so, and include a copy of the letter you're giving mum.

Good luck
Chrissie x

[sfox2003]

Is the contract, a private and confidential document, been made with him AND mum, or just with Mum?

If it's just with Mum, I personally would point out to her - in writing, and verbally, that due to his abusive, aggresive and threatening behaviour, he is no longer welcome at what is not just your workplace but also your HOME, the contract was made with her and as such you are unable to discuss the terms with anyone other than her, and the 4 weeks stands! Why should you lose out financially??

and big hugs to you lol
chrissie x

Agree completley. You are quite within your rights to do this & if he turns up again, dont think twice about calling the police. I would not have someone come into my home & be so agressive. Its threatening & not acceptable.

[jumpinjen]

Put it in writing to mum as the other OP says.... she signed so she is responsible for paying so ask her again for cash if you feel more comfortable with that.

You can refuse to let Dad in the door and hadn LO out to him if you are worried about having him in your house due to his behaviour.

Good luck, Jen x

[carol cameron]

Don't want to alarm you but make sure you have recorded any conversations, texts etc you have had with mum or dad. They sound quite nasty and sadly sometimes people like this will make up a complaint to Ofsted to try and get out of paying.

I have read this so many times on this forum so it's worth recording dates of conversation etc so that are covered.
Sorry if that sounds dramatic:blush:

[Carol M]

Had a similar thing happen to me a couple of years ago.
Everything was hunky dorey for two years then an issue re notice period came up. I was annoyed mother said she didn't think she had to pay the notice period, just trying to get out of it, so explained the contract SHE had signed again. She played dumb and the the father turned up on my doorstep threatening all sorts!
I probably would have let the notice money go if it wasn't for her ignorance and his abuse.Got wonderful advice and support from here and told mother notice fee was payable and due to fathers aggressive behaviour would not have him anywhere near my house during the notice period. Contract signed by mother only.
Got my money and good riddance. Probably caused them aggro in not allowing him to bring/collect but their fault.
So glad you stood your ground and good luck with the next development.
Keep us posted, we are all behind you.
carol xx
Added.... informed Police and NCMA and made notes/kept txts etc

[sarah sunflower]

Don't want to alarm you but make sure you have recorded any conversations, texts etc you have had with mum or dad. They sound quite nasty and sadly sometimes people like this will make up a complaint to Ofsted to try and get out of paying.

I have read this so many times on this forum so it's worth recording dates of conversation etc so that are covered.
Sorry if that sounds dramatic:blush:


I have taken your advice and wrote down how our conversation went today.
Do I ring NCMA up and make them aware of what happened today incase the parents take it any further?

x

[sarah sunflower]

Oh and mum came to collect child and couldn't even look at me.

She didn't have a notice letter ready but told me she would bring it around tonight.

I have wrote a quick letter up to give her back when she brings her letter just stating the points, eg. making notice period shorter, expecting cash on arrival and if this isn't given late fees will be charged if its not paid within x amount of days as per my late fees policy. and when child's last day will be.

I'm soooo glad today is over cant wait for my lo to go to bed so i can open the wine!!

Thank goodness its the weekend!! :)

thank you to everyone who has gave me advice you are all fab!!!

I'll keep you all posted on what happens over the next weeks, probably need more advice too as think things may kick off again with step dad but told mum i would like her to do drop offs and collections as step dads attitude wasnt very nice!!

s x

[carol cameron]

Well done Sarah, it sounds like you have handled this awful situation very efficiently.
Hopefully, the family will know that they have to abide by your contract and things will settle down. Just remember that you are the one in the right :)

[Kiddleywinks]

Been wondering how things have been for you.... Any updates?

Chrissie x

[sarah sunflower]

Well mum dropped letter round that night but just put it thru letterbox even though she could c me thru the window!
The next week after I asked for cash but she still paying by bank and it's STILL always late. Money due on Friday but it comes into my bank the following Wednesday or last weeks money has just cleared today!! Grrr!
I'm not going to whinge and nag cz it's getting me nowhere so I'm just concentrating on next week is the finally week!
Stepdad hasn't been back and I dread him coming but its the child I feel for hes just pushed from pillar to post!

Just hope I never get parents like this again!!

X

[The Juggler]

oh hon what an awful way for things to end. hope you are ok. hope your new mum signs up :thumbsup:

[sarah sunflower]

Oh to be honest im not fussed about losing them been a pain since day one.

Got three new contracts since the notice was given so it's been a blessing really!!

Glad you lovely people were here ready with advice! :)

Xx