Non-payment advice

[LittleMiss]

I'm in a situation where a family have terminated our contract immediately, without paying the 4 week notice period which was signed and agreed in our contract. They are not replying to my communications now and don't seem prepared to pay the outstanding bill.

I've since sent a letter of action as advised by MM and waiting to see if they respond to this with payment.

Has anyone else had to chase payments? I'd love some advice from anyone who has been through anything similar.

Thank you.

[GemSar]

Hi littlemiss, I have just replied to you on my thread but here it is....
Are your contracts the ones by the NCMA and do you have their public liabity insurance?
I was advised to contact them by posts on here, because they are my insurer they were able to offer me advice. If its states in your contract that they have to give a 4 week notice period (which mine did) the they are legally obliged to pay you the 4 week notice period . I compiled a letter to say this and to remind them that it is a legally binding contract and as per my contract they were also required to put the notice in writing.

The only thing they said to me was that because my contract was not the NCMA one that they could not act legally on my behalf. Now I am going to use their contracts in case it happens again as I think I was very lucky to get it back without a fight.
I gave them a breakdown of what they had to pay and gave them 7 days to pay the full amount or they could pay in over 4 weeks which I broke down for them.
I said that failure to pay woudl result in legal proceedings.
My insurer advised me to wait until they had not paid either the full amount after 7 days or had missed their first weekly payment and then send them a final demand.

I really hope this helps and please let me know how you get on
GemSar

[Chatterbox Childcare]

Hi littlemiss, I have just replied to you on my thread but here it is....
Are your contracts the ones by the NCMA and do you have their public liabity insurance?
I was advised to contact them by posts on here, because they are my insurer they were able to offer me advice. If its states in your contract that they have to give a 4 week notice period (which mine did) the they are legally obliged to pay you the 4 week notice period . I compiled a letter to say this and to remind them that it is a legally binding contract and as per my contract they were also required to put the notice in writing.

The only thing they said to me was that because my contract was not the NCMA one that they could not act legally on my behalf. Now I am going to use their contracts in case it happens again as I think I was very lucky to get it back without a fight.
I gave them a breakdown of what they had to pay and gave them 7 days to pay the full amount or they could pay in over 4 weeks which I broke down for them.
I said that failure to pay woudl result in legal proceedings.
My insurer advised me to wait until they had not paid either the full amount after 7 days or had missed their first weekly payment and then send them a final demand.

I really hope this helps and please let me know how you get on
GemSar

When I spoke to an NCMA solicitor representative at a meeting about 15 months ago I was told that you didn't have to use NCMA contracts but it was adviseable. Did you talk to the help line or a Solicitor?

I would go back and ask again and most of the time they give you different answers on the help line.

[GemSar]

When I spoke to an NCMA solicitor representative at a meeting about 15 months ago I was told that you didn't have to use NCMA contracts but it was adviseable. Did you talk to the help line or a Solicitor?

I would go back and ask again and most of the time they give you different answers on the help line.

You have to use NCMA contracts if you want them to represent you for legal action if you have their PL insurance because its THEIR contract. Otherwise they cannot respresent you only advise. Ive heard this a few times and was confirmed from them this week when I called and spoke to their legal team.

It would only be advisable to have them in the event of you needing to take legal action to get your payment back, which is why I am going to use them from now on.

[rickysmiths]

Another point in the future. I always take a 4 weeks fees deposit when contracts are signed and keep it until the end. this means if someone chooses not to use their four weeks notice i have been paid for it anyway

[GemSar]

Another point in the future. I always take a 4 weeks fees deposit when contracts are signed and keep it until the end. this means if someone chooses not to use their four weeks notice i have been paid for it anyway

Since you mentioned it to me in a previous post I have ammended my deposit requests in my info pack for new customers . Its a fab idea, thankyou for being so helpful

[LittleMiss]

Thank you for your advice. Yes I too have amended my pricing policy to ask for a 4 week deposit in future, such a good idea. You learn from your mistakes!!

I am insured through Morton Michel (using their contracts). I have sent a letter asking for the payment within 5 working days (they used to pay me promptly a few days before pay day so thought this was realistic). I've been told to call my insurance group back if the payment isn't made; I don't know what will happen next?

Thanks

[the_nanny_uk2]

I am in a similar situation at the mo. My mindee wasnt picked up on time and after 3hrs the mum finally contacted me but I had already rung the police by then who had instructed me to keep hold of the child while they investigate. So I had him until 10pm when another member of the family had to come get him and take him back to theirs. As I was paid by Care 2 Learn i will get the 4wks notice BUT my contract also states that a fee of £5 per 15mins late applies which she signed. I sent an invoice and got a call on friday night from the teenage mum stating I am having a laugh if I think she is going to pay that! I just reiterated that she signed a legally binding contract, failure to pay by this weekend will then incure a further fee of £10 per day being applied for late payment. Some people really take the p*** She just said 'take me to court but you wont get anywhere!'

So what do I do now?? I too am on MM contracts.

[rickysmiths]

I would speak to MM. You say teenage mum is she under 18yrs? If she is you may have a problem and you need to speak to MM urgently.

Interesting you called the Police, I would have called the emergency back up numbers first and then Social Services (the same number you use for reporting child protection concerns) for a non collection and if I was unable to contact the parent or emergencies. I say in my Non Collection Policy that if the parent is 30 mins late and I have not been contacted I will try for 30mins to contact them and the emergency contacts to arrange collection. If I have no joy I will contact Social Services. Schools will contact Social Services if a child has not been collected after 30mins.

My understanding is that if you go to court they will determine if your late fees are reasonable.

Did the mum say why she didn't collect on time or ring for 3 hours?

[the_nanny_uk2]

I did use the emergency phone numbers first to no avail, then contacted Social services who were wanting to contact childs paternal grandfather who was not allowed within 100yds of child, hence why I then called the police. my policy clearly sets out what will happen when a child is not collected. She had made no attempt to phone me, hadnt answered my 8 calls, the dads phone wasnt working and other contacts werent answering.

Think I may have a problem getting money owed dont you

[rickysmiths]

I did use the emergency phone numbers first to no avail, then contacted Social services who were wanting to contact childs paternal grandfather who was not allowed within 100yds of child, hence why I then called the police. my policy clearly sets out what will happen when a child is not collected. She had made no attempt to phone me, hadnt answered my 8 calls, the dads phone wasnt working and other contacts werent answering.

Think I may have a problem getting money owed dont you

It might and it sounds as if you are better off out of the whole thing to me!

[Nick22]

We have successfully chased money using moneyclaim online - a small claims process which you can start by filling out an online form. it cost us £25 upfront but they added this to the parents debt. before starting the claim, we had issued an invoice, copy invoice and letter, further letter advising a date that legal action would be started if no payment. No word back at all until they recieved the court letter - then a very swift payment was made. They did have means to pay and were concerned about court/credit rating etc.
With a teenage mum under 18 you will not be able to pursue this way, also if she isnt worried about gaining a poor credit rating she wont care anyway. Tbh on this occasion I would right it off, if you get the 4 weeks notice then thats your usual income covered. yes you have worked a few hours extra but hey ho - I wouldn't want this family on my back, you might be better to right it off.
Nicky

[LittleMiss]

Thank you for your advice Nicky. I'm glad you got your money. Out of interest how long did it take? Why did you go through the money claim company - was this advised through your insurance group? How much was owed to you?
Thank you for sharing your experience.