I haven't posted about this before because I feel really stupid that I didn't go with my gut instinct and have ended up with a parent taking me for a complete ride and owing me £600.
The reason I let it go on so long is because the parent was being paid in tax credits and I wanted paying the 5 week month as not to throw my books out at the end of the tax year, mum said she couldn't pay the £375 as tax credits only pay every 4 weekly so I said it was ok and to pay me the £300 which she said she didn't have with her but would bring it the following week.
The child was then ill the following week! Then when the child came the week after that I asked the parent everyday for my money and she said tax credits hadn't paid her, then on Thurs she said she would be paid the Friday and could she come at 1.30pm and didn't turn up.
I rang the NCMA legal advice line and I asked the lady I spoke to if there was any way I could terminate the contract immediately she said only if I wrote a letter saying the contract was terminated immediately to mitigate losses and to give her 7 days to pay the outstanding amount otherwise legal action would be taken against her and to send it via recorded delivery.
The parent didn't turn up the 1st week of half term and wouldn't answer my phone calls, so I sent a text asking if the child would be coming that day or whether she wasn't returning, anyway after texts backwards and forwards she wouldn't give me an answer as whether she was giving me notice or not as she decided she was having that week off work so didn't need me so I told her that I'd terminate the contract at the end of the week and got no reply to that text.
I sent the letter off just after Christmas and got no reply, I waited 10 days before I rang NCMA legal advice line back and I explained what I'd done on the advice the other lady gave me and she just said "well she'd not have got the letter, she wouldn't have signed for it, we never advise to send by recorded delivery because they don't accept the letters" and basically said everything I did was wrong and that I'd have to send the letter again and give her 14 days to pay! I told her I'd gone on the advice of the other woman and she tried to tell me that I'd not spoken to them and it was the NCMA and not the legal line.
Now I don't know whether to claim or not because the woman said I'd done the whole procedure wrong and in the pack everything sounds like its in the parents favour, they also want employment details to see IF she CAN AFFORD to pay me the money she should have already had from tax credits, but she works for her dad and I think they diddle the books and the parent is getting money she shouldn't in benefits because I found a letter in the child's changing bag and she was classed as self employed so she could be earning very little according to the tax return.
I really don't know what to do as the letter with the pack also says that if they find my account to be untrue or if I can't do this, that and the next thing then I'll have to pay for the solicitor and might have to pay the initial court fees but if found to be in my favour, I'll get them back on top of the money she owes me - I haven't got the money to be doing this and I'm really thinking of cutting my losses instead of fighting what seems a battle I'm never gonna win!
I don't know what to do! Is there any other way I can go about this?
xxx
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