can we just say "no"?!

[charliegee]

Hey all

been browsing through the posts and just wondering....if a parent doesn't / hasn't paid you in time

(eg I ask for payment monthly, in advance and cleared by the 1st of the month)

...can you just say you won't be able to take the child as you have not been paid and cannot mind the child until funds have cleared?

are we allowed to do this?

x

[PRINCESSDAISYFLOWER]

im sure i will be corrected if im wrong but i dont think u can
its because you are breaking the contract (even though they broke it first), but if u refuse childcare then the parent cant go to work and thus can not earn the money to pay you.

[Mrs.L.C]

im sure i will be corrected if im wrong but i dont think u can
its because you are breaking the contract (even though they broke it first), but if u refuse childcare then the parent cant go to work and thus can not earn the money to pay you.

I think that is right but you are in your full right to give notice as long as you work the notice stated in your contract but then you may not get paid anything.

I dont know what the risk is if you decide to refuse care except not getting paid at all even for work done and losing the child.

Have to say most of my parents are late payers by about a week and usualy a little reminder does the trick

[charliegee]

im sure i will be corrected if im wrong but i dont think u can
its because you are breaking the contract (even though they broke it first), but if u refuse childcare then the parent cant go to work and thus can not earn the money to pay you.

Thanks - yes, I thought it was something like that - like the parents losing out on work (whilst we lose out on pay!!)

Do you know how long it is we can we go without pay as it were, before we can stop minding their child?!

thanks for your quick response princess daisy flower!

x

[charliegee]

I think that is right but you are in your full right to give notice as long as you work the notice stated in your contract but then you may not get paid anything.

I dont know what the risk is if you decide to refuse care except not getting paid at all even for work done and losing the child.

Have to say most of my parents are late payers by about a week and usualy a little reminder does the trick

ah thank you topchick_dav too. think we were typing at the same time!

mmm....seems very unfair. - you won't go to the supermarket and take a load of babyfood and then not pay for it would you! - gosh.....

I feel really sorry for all the minders I see on here write notes about "late payment" and the like and think it seems really unfair on them :censored:

x

[TheBTeam]

I think we cant refuse care, only give notice and then run the risk we don't get paid for that either, by refusing care you leave yourself open to them suing you for costs of alternative care, potential loss of earnings while they can not work, loss of income if this means they lose their job etc.

Wrong as it seems I know, but you only seem to have recourse to give notice and add that to the unpaid debt you take to the solicitor and to court!

[PRINCESSDAISYFLOWER]

I think you have to work your notice period (4 weeks) even though you know you will not get paid for it. Then it is up to you to try and get your money through the small claims court.

[charliegee]

I think we cant refuse care, only give notice and then run the risk we don't get paid for that either, by refusing care you leave yourself open to them suing you for costs of alternative care, potential loss of earnings while they can not work, loss of income if this means they lose their job etc.

Wrong as it seems I know, but you only seem to have recourse to give notice and add that to the unpaid debt you take to the solicitor and to court!

gosh - how unfair!! although surely you could counter sue them for breech of contract? (although have to admit...I'd be such a whuss about it all and be a pushover I bet!!)

...god...and all those legal fees you could build up....shocking!!!

times are hard enough without having parents not pay us for services they're happy to take.....

thanks guys for your replys xxx

[Pudding Girl]

I would remove care if it got to big money owed and if the parents wanted to take me to court so be it, there'd be a counter claim from me and I really really doubt that a judge would say we had breeched contract first, after all how can you breech a breeched contract?

[charliegee]

I would remove care if it got to big money owed and if the parents wanted to take me to court so be it, there'd be a counter claim from me and I really really doubt that a judge would say we had breeched contract first, after all how can you breech a breeched contract?

I totally agree. It's a no brainer isn't it - especially if it gets to big money - hate people who take a service and then don't pay...really wrong.

I understand if people are in hard times - I'm struggling too but if people have financial troubles - they are better to be open and at least all parties know where they stand....

wish I'd asked for 4 weeks deposit on signing now!

x

[tammerisk]

think the new mm contract say something about refusal for care if fees not paid on time and i add to the contract that if they are a week in arreas i can stop care if it in the contract and they sign it they stuffed really

[Hebs]

yes i was going to say it depends on who you are with

NCMA say no
MM say yes

:rolleyes:

[wendywu]

The man from Del monte he say yes

The computer says Noooo

:laughing:

What with the Bank Holidays and now this, it looks as if MM is the better bet for Childminders rights.

[charliegee]

The man from Del monte he say yes

The computer says Noooo

:laughing:

What with the Bank Holidays and now this, it looks as if MM is the better bet for Childminders rights.

haha- that made me laugh!!

Well I'm with NCMA but I do add details about late payment fees of £5 per day on top of contracted hours as soon as fees become 3 days or more late - so I think if worst came to worst (for my setting as it were) - I would give notice (if that's what I decided to do) after say - one week- and go through small claims to get my outstanding month (plus late payment fees)

I do ask for a 2 week deposit which at least gives me a bit of a buffer....but gosh...how annoying and frustating would it be working when you KNOW that you are not going to get paid (at least before going through courts...)

ahhh some people hey!!! :censored: :censored: rude rude rude!!!

haha - computer says no indeed! liked that! :laughing:

x

[cheeky monkeys]

I'm with NCMA and their advice is **** ****. My late paying parent has part paid since JULY. I now say no more... Breech of cotract they have 14 days to pay me or I take it futher. It is logged with NCMA and as they have now the broken contract I am not working another month part payment.

[Merry-Minder]

Would a parent really have the cheek to bring their child after they have been served noticed for no/late payments!!!!

[suzyblue]

I have a late payment of fees policy (YES THAY COME IN HANDY SOMETIMES!!)
It states that 7 days late and they get a friendly reminder (PAY UP OR ELSE!!)
10 days late and I can add on charges and cease minding the child. I will then seek legal advice blah blah blah.

[Pipsqueak]

Would a parent really have the cheek to bring their child after they have been served noticed for no/late payments!!!!

Yes they do!!!

[Blaze]

Just thought i would add that NCMA don't allow you to add late payment fees (If you go to smalls claims court & it's in your policies & signed etc then most of the time it's given but NCMA don't allow it if they help:rolleyes: :angry: - I am going with MM when I renew next month!

[Princess Sara]

I let all my parents know before signing that I want payment in advance and will not take a child unless I have been paid before hand. It's written in my policies which they sign, and I'm with MM which also states I can do this.

If it's just a day or two I wouldn't be bothered, but if it started to add up I'd be adding on my late charge of £5 per day aswell.

None of my parents have paid late and I think it's because I make it so clear from the start.

[Carol M]

As regards to Bank hols section on new ncma contracts:- I have always said if child is contracted for said day(usually a Monday, but I include Xmas Day, Boxing Day, New Years Day and Good Friday) payment is due at contracted hrs, but I do not normally work them. If parent wants care on these days its double pay if I am available.
This I class as my only paid holiday therefore assume I can put these days down as my " childminder paid time off" and not available to work! ?
Confused!
Regarding late payment- it's a real pain, we all have bills to pay on time but some parents just don't realise their late payment has knock on effects!