PLEASE HELP - NEED SOME ADVICE
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  1. #1
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    Exclamation PLEASE HELP - NEED SOME ADVICE

    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

  2. #2
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    I was in the same situation a few months back.

    I had a parent who was off work sick and told me she wouldn't bring (x) in, which was fine, she knew she still had to pay.

    She then sent me a message through facebook, saying she wanted to terminate her contract as she hadn't been given a date to return to work.

    I phoned her numerous times and also wrote her a letter asking for her letter of termination along with 4 weeks pay.

    She never replied to any of this so I wrote another letter giving her 7 days to pay.................... still nothing.

    I contacted my insurance company Morten Michelle who were fantastic.
    They said I had done the right thing.
    They asked for a copy of the contract and both letters I had sent her.
    I sent all via email.

    They said I had definitely got a case and would act on my behalf.
    Two days later MM transfered the money owed to me into my bank and were pursuing the matter with the parent.

    I saw her a couple of days later at the shops and she gave me such a dirty look and I just smiled.

    I think parents think were joking when they sign a contract, do they just think it's a piece of paper?
    I've made a point of telling all new parents that it is a legal document and make sure they read and understand what's written.

    Good Luck let us know how you get on

  3. #3
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    go bk to the phone and speak to the solisitors and get them to send the letter to the parents.. get the right advice straight from them and write a letter of complaint to ncma.....

    again this happened to me and i lost out because i just couldn't take it any further and i still have the child because for me to give 4 wks notice i know she just wouldn't pay me at the end as i have now learned my lesson and will charge all new families to pay a depostit and at least 1 wk in advance..

    sorry this is happening to you but write everything down with times and dates

    good luck and let us know what happens but to be honest hun i think the parent isn't coming bk to you ...

  4. #4
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    i have never gone through the ncma legal line as they don't sound that efficient but you can recliam the money through the small claims court.

    try that with a letter to the parents giving them x amount of days to pay. i got my money almost as soon as mum received the letter telling her i was suing her this way

    good luck though

  5. #5
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    I'm wondering if I should try contacting her again and ask for it or phone her dad at work (they own a ****** taxi firm so they're not short) and let him know and say that I'll be taking legal action.
    The only thing is if I call and they money still doesn't get paid I don't want to jepodise my chances of getting my money if it has to go to court as NCMA want proof of all contact i.e text messages and letter and I really don't need anything backfiring as one NCMA solicitor has already lessened my chances of winning because apparently I didn't follow the correct procedure.

    I definately won't be renewing with NCMA! Just a thought though, if this isn't sorted by the time my renewal is due will I be able to change my ins company if they are still dealing with it?

  6. #6
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    I have terminated the contract Andrea with immediate effect as the NCMA solicitor said I could if I wrote a letter saying that it was terminated with immediate effect to mitigate losses and she had 7 days to pay, but the other solicitor I spoke to said I shouldn't have done that so I'm wondering if I'm going to get my money or not if I go down this route.

    Has anyone else had experience with small claims courts, would you go via this route and not with NCMA's solictors. I just really cannot afford to loose anymore money and I'm wondering if its worth fighting out.

  7. #7
    Pipsqueak Guest

    Default Re: PLEASE HELP - NEED SOME ADVICE

    NCMA legal line tbh are useless - but thats just my opinion. Sounds like you have had very shoddy service from NCMA. Everything seems weighted towards the parent - at least thats how it feels.

    Diddle - you don't have to do this via NCMA - you can pursue the money through the small claims court yourself.
    I am surprised someone told you to send by recorded - people won't accept the letter.

    I would write her another letter (pm me if you want some help to do so), get it in the post
    In the meantime I would check out your small claims procedure and get the paperwork just in case you need it.

  8. #8
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    thanks pip

    That's what the second woman I spoke to from NCMA legal advice line said but even so the parent could still say she hadn't received the letter whether it was recorded or not

    How do I go about going through small claims? I just don't know what to do for the best.

    Do you think I should try ringing her again or her father and let him know of my intentions. They own a taxi firm so its not as if they cannot afford to pay me even though she was claiming tax credits, surely she would get done for benefit fraud if this went to court.

    Its just a lot of stress and paperwork and to top it off Mrs O want to come shortly so loads to do and sort out.

  9. #9
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    You should not contact the parent again for any reason (not by letter, text, anything) without legal advice.

    Hth

  10. #10
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    NCMA sucks big time.

    I think its safe to say I won't be using them again! I just don't want to have to loose anymore money. I may well just cut my losses and see this as a lesson learnt.

    Thanks anyway peeps

  11. #11
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    Quote Originally Posted by diddledumplings View Post
    How do I go about going through small claims? I just don't know what to do for the best.
    You can file small claims here: https://www.moneyclaim.gov.uk/csmco2/index.jsp. You have to pay a £25 fee up front, but obviously that will be repaid by the defendant when you get your money from them.

    I am considering doing this at the moment as I have an ex-mindee whose parent still owes me money from last year.

  12. #12
    TheBTeam Guest

    Default Re: PLEASE HELP - NEED SOME ADVICE

    Same here I am still owed £400 from almost a year ago.

  13. #13
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    This is why I've joined MM - worth the £41 extra per year IMHO
    Blaze x

  14. #14
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    Default Re: PLEASE HELP - NEED SOME ADVICE

    I think you should get the legal advice people to deal with it for you. Tell them you don't know how to write letters and that you pay for membership so they will deal with these things, especially given you were given the wrong advice first.

    Then, send a complaint to NCMA, with the details you've written in your post. They need to know just how shocking the legal service is that they are offering. There seems to be so little support for the membership fee when you really need it. They need to get their game together on support when it comes to reclaiming fees.

 

 

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