Notice Period non-Payment

**learningfountai** · 28-04-2010, 10:28 PM

I am a childminder and for unforeseen circumstances I had to give a notice letter to a parent to stop care for their child (notice of termination of the childminding contract). According to the contract I had to give them 4 week’s notice which I did and as goodwill I also mentioned that if they need more time I would accommodate the extra time till they found a suitable replacement childminder.

I delivered the letter to them personally by hand and told them to contact me if they had any concerns, but the parents completely cut me out of the picture and immediately found another childminder. Though they have paid me for the last week that their child was in my care, but are bluntly refusing to pay for payment in lieu of the 4 week’s notice period which amounts to £120.

I would like to know, if I have a case against the parents to claim for payment in lieu of the 4 week’s notice period and if so how should I proceed.

Any advice would help. Thanks

**christine e** · 29-04-2010, 06:31 AM

Hi

If you are with NCMA you should contact them or if with MM then contact them.

Hope you get your money

Cx

Pipsqueak · 29-04-2010, 07:07 AM

Sounds like you have a 'case' for pursuing the outstanding fees.

beware - if you are ncMa though because its under £150 they will not do it on your behalf. however they will give you 'advice'.

they will advise you to write another letter outlining the breach of contract of non-payment of fees outstaniding (ie the lieu money). give them another 7 days to pay.
then you could issue a summons through the small claims court yourself.

**Mookins** · 29-04-2010, 07:10 AM

Originally Posted by Pipsqueak

Sounds like you have a 'case' for pursuing the outstanding fees.

beware - if you are ncMa though because its under £150 they will not do it on your behalf. however they will give you 'advice'.
they will advise you to write another letter outlining the breach of contract of non-payment of fees outstaniding (ie the lieu money). give them another 7 days to pay.
then you could issue a summons through the small claims court yourself.

but if she had late payment fees that took it up to this would that count?
x xx

**youarewhatyoueat** · 29-04-2010, 07:25 AM

You're not out of pocket, to be honest they did you a favour by immediately leaving early. I expect thats how they see it. Sounds like they may be a bit put out. But as you are not out of pocket is it really worth the hassle.

**funfunfun** · 29-04-2010, 08:37 AM

I think this is a good reason why other cm's take a months fees in advance

incase they leave you can hold it for there last months fees.........i think i am going to go down this route

good luck ,i hope you get sorted out xx

**little_gems** · 29-04-2010, 12:00 PM

this sounds just like me with a family before christmas. i really would just count you blessings that u dont have to deal with the family again.

**Curly Quavers** · 29-04-2010, 12:11 PM

Originally Posted by youarewhatyoueat

But as you are not out of pocket is it really worth the hassle.

I don't think this really is the point though they signed a contract and should stick by it.

Send a letter as somebody suggested giving 7 days to pay and see what happens.

good luck

**learningfountai** · 29-04-2010, 12:12 PM

Thanks to all for all the advice that I am getting. It does seem that this family is habitual to these practices. I do want to add that the parent did say they have gone to court four times before and a fifth won't bother them.

Also I did ring NCMA for legal advice and they have given the standard reply of writing a reply and then following it up with a claim to the small courts.

I have never done this before and wonder if I have any footing and whether I would get a result. Basically what I asking is, whether it is worth it

**wendywu** · 29-04-2010, 12:35 PM

. But as you are not out of pocket is it really worth the hassle.

[/QUOTE]

It is not right but i admit that i would not go through the courts to recover this. I could not be doing with it. You could also end up having to not mind for a couple of days while you attend court so you would loose more money that way.

**sfox2003** · 29-04-2010, 12:36 PM

I dont know if this is true, but Ive heard that it can cost as little as £30 to take someone to small claims court.

Personally I would do it, but I would need the money, 3 weeks owed could add up to quite a sum.

Good Luck, whatever you choose to do.

**wendywu** · 29-04-2010, 12:41 PM

[QUOTE][

QUOTE=sfox2003;698032]I dont know if this is true, but Ive heard that it can cost as little as £30 to omeone to small claims court.

But you still have to attend and the dates can be altered at the last moment as this happened to a friend of mine twice

**Goatgirl** · 29-04-2010, 12:44 PM

Originally Posted by learningfountai

Thanks to all for all the advice that I am getting. It does seem that this family is habitual to these practices. I do want to add that the parent did say they have gone to court four times before and a fifth won't bother them.

Also I did ring NCMA for legal advice and they have given the standard reply of writing a reply and then following it up with a claim to the small courts.

I have never done this before and wonder if I have any footing and whether I would get a result. Basically what I asking is, whether it is worth it

Hi,
Sorry to hear this has happened. Its not nice to put effort into a relationship that's totally disrespected like that.
I'd put it down to experience myself< mainly because I do not cope well with stress. Is £120.00 really worth the stress of a court claim? ...and very probably ending up with repayments of a tiny amount a month?

If its about the money I don't think you stand much chance of getting it, just going by their attitude, sounds like they know how to play the system too well.
If its about the principal, you'll have to go with your gut feeling and knowledge of your own stress management ability. If it wouldn't stress you out to persue the money, might be worth doing so that the knowledge is 'out there', that you're not a doormat and do take non payers to court. Regardless of the outcome.

hope you can resolve it and put it behind you soon

bws,
Wendy

**wendywu** · 29-04-2010, 01:06 PM

Fill in their address every trial offer you can get your hands on. Book Clubs, Internet Dating, Girdles, Wigs, Stair Lifts any ones that do the " Send no Money Now" It can take ages to stop the things coming

**miffy** · 29-04-2010, 01:10 PM

You could also end up having to not mind for a couple of days while you attend court so you would loose more money that way.

[/QUOTE]

Can't you claim this back if the court find in your favour?

Miffy xx

**wendywu** · 29-04-2010, 01:14 PM

[

QUOTE=miffy;698064]You could also end up having to not mind for a couple of days while you attend court so you would loose more money that way.

Can't you claim this back if the court find in your favour?

Miffy xx[/QUOTE][/QUOTE]

I dont think Small Claims work that way, it didnt for my friend, and she had to go to the court local to the people she was taking to court.

**miffy** · 29-04-2010, 01:16 PM

Originally Posted by wendywu

[

Miffy xx

[/QUOTE]

I dont think Small Claims work that way, it didnt for my friend, and she had to go to the court local to the people she was taking to court.

[/QUOTE]

If that's the case it hardly seems worth the hassle. I know getting a judgement doesn't guarantee you the payment anyway.

Not surprising then that this family aren't bothered about going to court for a fifth time

Miffy xx

**wendywu** · 29-04-2010, 01:20 PM

Originally Posted by wendywu

Fill in their address every trial offer you can get your hands on. Book Clubs, Internet Dating, Girdles, Wigs, Stair Lifts any ones that do the " Send no Money Now" It can take ages to stop the things coming

Think this way would be more fun

**miffy** · 29-04-2010, 01:21 PM

Originally Posted by wendywu

Fill in their address every trial offer you can get your hands on. Book Clubs, Internet Dating, Girdles, Wigs, Stair Lifts any ones that do the " Send no Money Now" It can take ages to stop the things coming

Wicked idea!

Miffy xx

**louisepretty** · 29-04-2010, 01:34 PM

I had exactly the same situation, parent gave me four weeks notice but then didn't pay. The child didn't attend but I was out of pocket £320. I wrote a letter then claimed through the Small Claims Court.

I did it all on-line. You do not need to attend in person. You add your costs on to the claim and you can add interest as well as a set rate.

The parent admitted the claim in full as I had noted in the claim that I had a signed contract and attendance registers and photographs of her child in my care. She couldn't dispute it.

When her 'admittance' form came back to me she already had 4CCJ's for gas, electric, mobile phone and something else. If I had know this information before I would not have taken her on or would have insisted on a month's fees as a deposit. I think we should be allowed to credit check potential clients as we often provide a service and we may not get paid for it. I think if parents knew they were being credit checked they would think twice about not paying us.

In my case the parent offered to pay £30 a month and cleared the debt in 11 months. She brought it round to my house every month and I now see her at playgroup too. Water off a ducks back to her as she had been taken to court so many times before.

My only experience of 'going' to court and it wasn't stressful - have a look online - it was really easy, honest