Non payment - PLEASE HELP!!!!

[Rashi]

Hi all

I once again need help.

A parent gave me 4 weeks notice as per contract on Sunday 29th January 2013. This came completely out of the blue as I had parted with them on great terms before christmas and they have not said anything to me about wanting to terminate childcare.

It was the dad who showed up at my house and gave me a piece of paper that said they wanted to terminate the contract effective immediately and a calculation on what they believe should be the final invoice amount. The dad said it was nothing personal and that a family member had become available to care for the children.

I was so shocked and I admit I got upset. I could not understand why they wanted to take the girls out of my care so suddenly, if there was no issue with me then why not let me care for the girls for the notice period. After all they are paying it ??????

Anyhow, I did not agree and emailed them the final invoice (after receiving advice and help from ppl on the forum) with the correct amount which was nearly £200 more than their calculation.

As you can imagine they were not happy, I have always communicated with the mum re fees, but this time it was dad who emailed back stating he stood by their calculation blah blah blah.

Anyhow, the payment was due today, they both have childcare voucher schemes set up and I have received notification from both companies that I will be receiving my payments by bacs in 2-3 days as normal. This totals £486.00.

The parents always paid the remaining amount into my account and always on time, however, this has not been the case today.

They owe me £324.00.

I need advice on what I should do now. I am covered by my insurance company for legal expenses but need to know what action i should take prior to contacting them.

Please help as I refuse to let them get away with not paying what they owe.

Thanks in advance

[Chatterbox Childcare]

Rashi

Go straight to your insurance company and get their advice, ours is only hearsay.

Are the children not coming back at all for the notice period?

[Rashi]

Hi

No they are not coming back, which is so bizarre because I have always had a great relationship with the parents and the children.

[blue bear]

Your insurance company will guide you throu what to do next, the correct wording of letters etc. hope it is sorted soon.

[Bluebell]

I think in my insurance documents it says if you think there is chance of dispute you should contact insurance company before you contact parents as they can advise on what is best way to deal with it. Definitely contact them.
The money they owe has not arrived - none of it - not what they think they owe and not what you think they owe so being the new year and bank holiday it may have slipped their mind. They might have discussed it and realised they are due to pay you the amount you have asked. I really hope they will pay you quickly and this is all resolved without you having to take them to court.
best of luck - let us know how it goes.

[Rashi]

Thank you for the advice.

I will call my insurance first thing.

Am I allowed to start charging late fees?

[Goatgirl]

Hi Rashi,
I hope you were supported by your insurance company and a step closer to getting the monies owed?
I do hope so
Its so upsetting when a family go all 'cold' on you in this job. We can't help but care for the children and it does feel personal in these situations. I hope the family can see sense and that things stay amicable between you. .
At the very least, I hope you get your fees

[bunyip]

Thank you for the advice.

I will call my insurance first thing.

Am I allowed to start charging late fees?

Always hard (inappropriate?) for us to comment on these things without having seen the contract and without perfect knowledge of the case. So the best advice is still to consult your insurers/legal team.

My guess is that you probably would be entitled to late fees. It's possible that the court might just decide that late fees are inappropriate if the client was still disputing the fees owing. ie. If they made a reasonable calculation or miscalculation, rather than willfully using a delaying tactic.

In any event, it might be wise to advise the client that "late fees may apply", since it's difficult to attach such fees after the case has gone to legal settlement.

Above all, you need to be telling all these things to your insurers/legal team rather than relying on us well-meaning but unqualified forum members. We all want you to get your due fees, but there's a limit to what we can advise.

[rachael30a]

I know exactly how you feel I am in same situation but over less money, I am livid and not wanting to carry on childminding now, it's disgusting how these parents give you their most important things to take care of yet can't pay on time or at all, grrr sorry to rant hope it gets sorted for you x

[Rashi]

Hi rachael30a

My situation has become worse than ever. They are now accusing me of breaching contract because I had posted pics of their children on my website without consent and going to report me to ofsted.
Luckily although it states in my contract that I won't post images online, I have a policy for taking photographs which states I will use images for website but will get consent from parents first which I have........a signed form off mum. Plus they have never complained about it before only since payment dispute.
I contacted ofsted myself and explained the situation so if they do complain I am one step ahead.
It has really knocked my confidence and I have asked myself if I want to carry on because of this.

[bunyip]

Well done for getting a clear consent, and for having the presence of mind to make that call to Ofsted.

You probably need to ensure the contracts are more in line with your policy on photographs in future, and make sure you have a robust photo/camera policy in place, as this is a big thing in EYFS 2012.

It might be worth playing safe and treating the accusation as a parent complaint. A bit of a fag, but if Ofsted do investigate then you could demonstrate a quick and appropriate response to a complaint. OTOH part of me thinks that may be just drawing attention to a so-called 'problem'.

Hopefully other members will advice, as I'm not 100% sure if this is the best way to proceed. (Might help if I were thinking a bit straighter this morning. )

[The Juggler]

sorry to hear parent is acting this way hon, but glad you have paperwork to back it. I agree with bunnyip to change contract to reflect your policy, just put a line through that part of the contract and say refer to policy?

hugs x

[Zoomie]

Is this 'clause' on the pacey contract?

[Rashi]

Hi guys

I have written out a whole new contract that covers me for everything and a separate consent form for photographs. I have also reviewed all my policies.

I have spent all weekend getting my paperwork in order in case I do get an ofsted visit.

I am also asking my current parents to sign the new contract and photograph consent form.

Xx

[Chatterbox Childcare]

If a complaint is made about the photographs it comes under Safeguarding and Ofsted willhave no choice other than to come out and do a whole inspection. Keep all your paperwork and consent forms to hand as you will need this to prove your case.

There will be some clarification needed as to why your contract says one thing and your policies another but that may be minor

Hope it is sorted soon

[JueQ]

Hi Rashi

How have you got on with the insurance company?

Have you spoken to the parents in person regarding what they owe and try to resolve things amicably. Try to get the parents to understand your point of view as I'm sure mose parents think we do this job for pocket money!

It sounds like you are up to date with your paperwork and policies. My contracts clearly state fees and payments and they are in my policies and procedures also. I clearly state that 4 weeks notice should be given. Do you use PACEY contracts?

Period of notice to end the contract _____ weeks
(Notice of termination can not include a period of holiday of either party or the registered childminder's paid time off, or during a time when the registered childminder is not providing care or being paid in full.

If it is necessary to end the agreement immediately, then payment in lieu of notice must be made, unless the parties have agreed a variation.

The registered childminder may terminate the contract immediately for any of the following reasons (but not solely limited to) ..... blah blah blah ...

Do not quit childcare. When I first started I had several families where the children and parents drove me crazy. I put it down to experience and amended my business accordingly. I still don't get it right but try not to take things personally (which is difficult when you're care for their pride and joy). If you can't come to an agreement with the parents and you've pointed out why your invoice is more than their calculations then take it further. After all, if they were suddenly losing employment without notice or pay they would be taking legal action. Same applies for you. Good luck xx

[Rashi]

Hi

My contract was a template I found online as I was quite new to childminding and needed guidance for writing a contract as I had never written on, however, I made sure my policies covered me especially in regards to safeguarding and I made sure parents signed a form to say they read and understood the policies.

Plus, the guy I spoke to at Ofsted said they would question the parents as to why they never complained prior to this and why is it only now they are reading the contract properly, as the parent stated in his latest email that they only went through the contract properly on Friday. Also, they make the complaints 4 months after I began caring for their children and only after they dispute final fees.

I am well and truly ready for an inspection from ofsted and I have rewritten my contract to protect me and reviewed my policies and consent forms especially when it comes to photography and how I plan to use the photographs I take.

All my current parents have signed the new contract and consent forms and fully support me against these awful parents who are trying to get outta paying and trying to ruin me and my business.

[Rashi]

Hi JueQ I tried to resolve things amicably with the parents and explain why they owe the money they do. They know I do this job outta love for caring for children above money. They also fully understand the notice period. I have my own contract as I am not a Pacey member. I do have an insurance company who are dealing with it now.

[miffy]

Sorry you're having to go through this - sadly it's all too common for parents to threaten to complain to Ofsted about some previously unmentioned "issue" they have with the childminder when there is a dispute over monies owed when a contract is terminated - it's a smokescreen to get the childminder to back off/give up on the notice payments.

Hopefully, if a complaint is actually made to Ofsted then it will be treated as malicious. If your insurance company are involved then parents may see they will not get anywhere and give up on the complaint and pay up!

Keep strong! You have other parents who appreciate all you do.

Miffy xx

[bunyip]

Just a thought: do Ofsted have the right to demand to see our contracts? I know they can demand to see child records, etc. but surely there are limits to what they can expect to know about the business side of things.

I know we can all speculate or offer opinions, but does anyone know 100% for sure?

The reason I ask. If the policy says one thing and the contract says another, then there may be a problem. But if Ofsted don't have to see the contract and they're only interested in what the contract says...........................? go figure................