do i charge late payment fee ?

[nadmaj]

Hi ya,

As you may know i have an ongoing contractual dispute with a parent - she's not paying me the notive fee and i've given her enough opportunities to pay and taking legal action gainst her now - so do i know start charging her late fee payment charges or leave it and try to reclaim the money she initally owes and the late fee will mount up (£10 a day inc weekends)

ps she's now also m,ade a complaint against me re smacking my children and tha's why she's not going to pay me c- her words

[LittleMissSparkles]

charge her the fee you charge for late payment I am sure if it is in your contracts that a small claims court willmake her honour what she has signed too xxxx

[Monkey1]

I would...and backdate it to when she was late. It will soon add up!

[susi513]

I would keep adding the late fees as per your contract. My contracts state that the fee is charged until the arrears are cleared. However, in certain circumstances I would stop adding the late fees if the parent agreed a payment plan and while they continued to make payments as agreed by the payment plan. But that would be for nice parents with whom I've a good relationship. Your parent has created a battle here, so that would make me want to fight back and get as much as I could. Particularly in view of the malicious complaint.

I have sent parents a letter saying late fees would be waived if paid by [date] and they did. So I've never had to pursue anyone in court for non-payment. I'm not sure that we have the same rights to pursue the late fees as we do the standard childminding fees? Even though the parent has agreed to pay my late fees by signing the contract, my £5 per day late fee could add up to a considerable amount by the time a court date was set and a decision made. I think I would still add the fees to the bill but be prepared to accept a lower amount if so decided by the court. Or if the parent presented payment for the amount owed less the late fees I would probably give in and accept that. I don't know the legal ins & outs but I imagine a court could decide the late fees were excessive and not proportionate to the costs incurred by the childminder.

Keep a record of any costs you have incurred as a result of her non-payment - eg bank overdraft, discounts you've lost by not paying bills promptly etc, any failed direct debits or cheques.

Good luck.

[nadmaj]

thanks for the replies - her last chance was today to pay and i did tell her that i will add late fees but as susie says the courts might not accept the late fees charge and waive them - anyway i'll add them and see what happens with that. The late fees are going to add up as i'm away for 4 weeks and not going to have a court date set until at least feb so is there any point in adding the late fees.(all late fee/payments etc are in the contract and she has signed all form relating to the contract so initally she is in breech of the contract anyway by not paying the notice period.

sh'e just making me soo mad

[Blaze]

Add the late fees...at the very worst the court will deduct the late fees but work out an interest percentage & add that instead.
Tasha