Parent Terminating - Refusal to pay fees

[Fleurg]

Hi

A parent who's only been with me 3 weeks has paid late every week. I charged her late fees (only for the 2nd week - 2 days late fees) I then suggested we switch to monthly straight into my account so I can ensure I have money in there for bills etc. Mum said this was fine and then asked for monthly invoice.

She has since decided she's not happy with late fees and saying I've breached the contract by asking for monthly saying she told me she can't afford monthly payments. This is untrue as I only suggested monthly to which she agreed by text.

Shes now terminated with immediate effect but refusing to pay 4 weeks notice. I've been told by the legal advice team that there is a letter template on here to send to her. Can anyone point me in the right direction please?

x

[sarah707]

As a rule during the first 4 weeks there is a settling in period written into contracts so either party can cancel without parents incurring fees ... it's a sort of 'get out free' card if things are really not working.

Double check the wording on your contract first...

If that's not the case I don't know of a pre-written letter - legal should help you with wording something.

I hope that helps

[hectors house]

Sorry to hear this, but check wording of your contract as Sarah says it's normal to have a 4 week settling in period, in which either side can give notice without the notice period being worked or paid for. Maybe monthly in advance was too much for a step for this mum to make - pity she didn't let you know and you could have compromised on weekly direct debits or post dated cheques instead.

I have been childminding on and off for 28 years and have never charged a late fee, the threat of no money, no childcare normally does the trick and money or cheque book is miraculously found.

[bunyip]

As has been said, take legal advice and check your contract. If it contains a 'settling period' clause then it works like a 'get out card' as Sarah describes.

I don't think mum can say you broke the contract by suggesting monthly payments. That would be a significant change to the contract, so you'd only be able to enforce it immediately if mum agreed, preferably with a new contract or a signed variation to the contract. Otherwise, a significant change would take effect after 4 weeks normally, with mum having the option to take 4 weeks notice of termination instead.

By no means do you ever "breach" a contract by suggesting or discussing changes to it.

[Hebs]

I'd point out that she's breached the contract every time she's paid late!!

Funny how they forget the things they do wrong!
I personally wouldn't have said a month in advance but weekly in advance then if she doesn't pay she doesn't get care