Help!!
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  1. #1
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    Hi wonder if anyone can help.

    I've had a parent who's child I cared for until middle of November mam lost her job but is starting uni beginning of January so I started a new contract as its for more days too. Asked for a retainer of hitch half I would refund her. We signed contracts stating the start date would be 5th Jan, she has now text me to say that because her university start date has been put back until the 19th I won't have her child until that date and asked if I'm ok with this if not she will borrow my fees off her mam. She won't obviously have the money to pay me until she starts uni.

    What would you do? Would you draw up a new contract with new date? What about the existing retainer fees?

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    Depends what you can afford to be honest.
    For some an extra couple of weeks with one less child would be appealing but for other an extra two weeks without this income could be the difference of eating well or having beans on toast everyday.

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    Also with uni you will be payed at least a month behind

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    Quote Originally Posted by blue bear View Post
    Depends what you can afford to be honest.
    For some an extra couple of weeks with one less child would be appealing but for other an extra two weeks without this income could be the difference of eating well or having beans on toast everyday.


    Thanks for reply.
    Really could do with income. :-/

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    Quote Originally Posted by Childminder16 View Post
    Thanks for reply.
    Really could do with income. :-/
    Never thought about being paid late as have been paid weekly and almost on time in recent times, will have to double check this.

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    I'd be cautious if money is already a problem-

    Has she paid the retainer/deposit? Until I have signed contracts AND a deposit I do not consider the space reserved at all.

    She is asking for a change of contract- would want 4 weeks notice.

    Personally, I would start as I mean to go on, stick to the contract, expect fees on time as agreed in contract and the space is available for the child if she wants to use it from 5th Jan. Whether she borrows the money or not is none of our business.

    If money is this tight for the mum are you sure you are going to be paid on time? When exactly do you want payment each month- is this agreed in contract?

    If Uni are paying- What will you/mum do if Uni make a mistake with a payment or are late for some reason... will you allow debt to mount up? I would require payment on time as per contract, as it is none of my business where the money is coming from.

    If she has already made a mistake on start date with Uni, this could happen again, and again... protect yourself- be professional, don't get walked over.

    (I am a bit tough on this kind of thing but, finger crossed, it has paid off and never had any late/none payers)

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    Quote Originally Posted by moggy View Post
    I'd be cautious if money is already a problem-

    Has she paid the retainer/deposit? Until I have signed contracts AND a deposit I do not consider the space reserved at all.

    She is asking for a change of contract- would want 4 weeks notice.

    Personally, I would start as I mean to go on, stick to the contract, expect fees on time as agreed in contract and the space is available for the child if she wants to use it from 5th Jan. Whether she borrows the money or not is none of our business.

    If money is this tight for the mum are you sure you are going to be paid on time? When exactly do you want payment each month- is this agreed in contract?

    If Uni are paying- What will you/mum do if Uni make a mistake with a payment or are late for some reason... will you allow debt to mount up? I would require payment on time as per contract, as it is none of my business where the money is coming from.

    If she has already made a mistake on start date with Uni, this could happen again, and again... protect yourself- be professional, don't get walked over.

    (I am a bit tough on this kind of thing but, finger crossed, it has paid off and never had any late/none payers)

    Thank you. I do need to toughen up, I do state on my contracts about late payments fees etc...but!!! My parent has paid a deposit of which I said I would refund half when I received the first payment. I won't allow payments to mount up. Thanks again.

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    I don't want to sound like a greedy childminder by asking for full the amount but I am running a business. Has anybody else had this problem?

    It's so easy to advise other people when it's not actual happening to you, I would advise to take full payment as signed on contract, but!! .

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    She has offered to pay you so that's a good sign and easier for you to go back and say. As I've reserved the place this long I will require full payment on the fifth as we agreed.

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    Quote Originally Posted by Childminder16 View Post
    I don't want to sound like a greedy childminder by asking for full the amount but I am running a business. Has anybody else had this problem?

    It's so easy to advise other people when it's not actual happening to you, I would advise to take full payment as signed on contract, but!! .
    Yes, I have had a family where we agreed a start date but then the mum's contract work was not finalised so she hoped to delay the start until she had her work sorted out, but I stuck to our contract and she paid and started on our agreed date. She partly used those days which helped ease the start for the baby so worked out well. Then she started work and all was fine, no problems since.
    They paid 4-weeks fees in advance as deposit and I counted that towards 1st invoice (I get paid on 1st of month in advance of care).

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  13. #11
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    Quote Originally Posted by Childminder16 View Post
    I don't want to sound like a greedy childminder by asking for full the amount but I am running a business. Has anybody else had this problem?

    It's so easy to advise other people when it's not actual happening to you, I would advise to take full payment as signed on contract, but!! .
    First up, you do not sound greedy (and that's from me: possibly one of the biggest critics of CMs from the inside of the business. )



    Has any CM ever had a problem getting paid by a student or a university finance department?

    Er..... what do bears do in the woods?



    A lot of CMs have learnt the hard way to be very wary of providing care for students, especially if all or part of the bill is funded by the educational establishment. Problems range from late payment to not getting paid at all. Any paperwork originating from the finance departments invariably involves them refusing to pay for deposits, retainers, late starts, notice periods and any form of non-attendance whatsoever. I've seen forms from half a dozen universities/colleges and university/teaching hospitals (plus an overseas educational board) and they have all been very heavily stacked in their favour and leave the CM at considerable risk of working for nothing. At the very least, it's a sad fact of human nature that people tend to be very blase and uncommitted when it's not their own money they're parting with.

    So, a lot of what you ought to do will depend on the payment arrangement. I hope your contract already makes it clear that the client is ultimately responsible for the fees, irrespective of any funding arrangement. I also hope you've not signed any papers from the university finance department which would negate any such clause. It's also possible (advisable) to get a legal person to add a properly-worded clause which makes someone (like the student's mum) liable as guarantor if Little Miss Student leaves you in the lurch.


    Subject to contract and legal advice, you might be able to:-
    • Demand payment of the retainer fees from the contracted start date.
    • Keep the deposit.
    • Cancel the contract and walk away.
    • Cancel the contract and draw up a new one.

    You might be able to do various combinations of the above, but not necessarily every combination IYSWIM.

    Personally, I'd stand by the contracted terms. Much will depend on what it actually says in the contract. For how to apply that, I'd take legal advise from your insurance or professional representative body's legal team. Their are several possibly tricky legal factors at work. You may be able to do various combinations of things, but not necessarily all of them. Mum has not helped her cause by not giving you much notice of the changes.

    I've never done a retainer so my situation would be different. I tend to do a 'reservation deposit', which holds a place to a specified start date. I didn't even used to do this, but brought it in after being mucked about by various parents in various ways. Had a similar situation where a mum decided to change a fixed start date, and wouldn't even tell me when she intended to start: she seemed to think she could drift along and leave it all open-ended whilst I held the place at her whim. I retained the deposit and she cancelled the contract and never did start. I still see this as a lucky escape.

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    Quote Originally Posted by moggy View Post
    Yes, I have had a family where we agreed a start date but then the mum's contract work was not finalised so she hoped to delay the start until she had her work sorted out, but I stuck to our contract and she paid and started on our agreed date. She partly used those days which helped ease the start for the baby so worked out well. Then she started work and all was fine, no problems since.
    They paid 4-weeks fees in advance as deposit and I counted that towards 1st invoice (I get paid on 1st of month in advance of care).
    That's a pretty good thought.

    Mum might be persuaded to stick to the original start date and use the time for essential preparation for the course and student life in general.

    She could maybe get a head start on drinking the student bar dry and sleeping with enough tutors to guarantee a First with Honours.

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    Thumbs up

    THANK YOU FOR ALL YOUR REPLIES. I DO APPRECIATE IT

 

 

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