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desiderata
13-10-2010, 05:02 PM
Well I have received paperwork from NCMA solicitors and it reads very heavy basically it seems that it the parent will pay after one letter you are okay and covered but if it takes more than one or has to go to court you may incur costs. After having the letter the other day she approached me and asked for my telephone number and said she would ring that evening. Well suprise suprise she didnt.! Well tonight I plucked up courage and approached her at school. She was on her own and I simply said "S you didnt call" I havent had time was her response. So I just said well when I am likely to get the money because you had if from tax credits and didnt pay me. Well then she came back with. give me the name of your solicitor and ill give you mine thenx
I said Ok Well I got home and received a text from her a long one saying that I had been nasty and aggressive and she had been humiliated in front of everyone down school and her children (they hadnt even come out of school and I didnt see anyone else there) and she is now going to report me to the police!! and she asked for copy contracts and my reg number to report me to tax credits>>

She denies having received any letters except the one I gave her in her hand and says I probably sent them to the wrong address (the one on the contracts) and says I had agreed to wait until Oct Nov when she was working to get paid. And that she had intended to pay me the end of Oct. I said I hadnt agreed to that and how was I to know anything when she didnt communicate and that if she had phoned me the other night and explained this then it would have been fine. Well now she has asked for copies of the contracts . I told her she should already have her copies but she still wants copies and said she would be available to pick them up from my porch on Monday before 9. I have told her she can have copies but I will not leave them in the porch as they are confidential she will have to collect from me. She says she will then sort the money . But she says she is still going ahead with reporting me to the police and tax credits. Pain in the a or what!!!

aly
13-10-2010, 05:05 PM
ll her there is a £20 admin fee for extra copies!

gegele
13-10-2010, 05:37 PM
what she's going to report to the tax credit that she pocketed the money and didn't pay the childcare provider they giving her money to pay????

oooh that did so make sense in my head hahahaha

charlie potato
13-10-2010, 05:45 PM
Dont approach her anymore. My friend was a childminder and had a non paying parent. The parent showed aggression towards her when she tried getting her money that was owed and she was the one who ended up with the police on her doorstep! she was served with an order that said that if she went anywhere near the complainant she would be arrested. She managed to get the money through the small claims court. xx

68nic
13-10-2010, 05:55 PM
Hi What a cow ! She is obviously trying to think of anything to say to you because she knows deep down she hasn't got a leg to stand on. She is just making herself look a fool. If you haven't already I would ring the Tax Credit and report her and that might make her cough up with your money. Hope you get what your owed soon :thumbsup:

desiderata
13-10-2010, 06:00 PM
Did your friend go through the small claims court on her own or through NCMA and did it cost much x If you dont mind me asking

Ripeberry
13-10-2010, 06:08 PM
Dont approach her anymore. My friend was a childminder and had a non paying parent. The parent showed aggression towards her when she tried getting her money that was owed and she was the one who ended up with the police on her doorstep! she was served with an order that said that if she went anywhere near the complainant she would be arrested. She managed to get the money through the small claims court. xx

She seems to know how to get everyone else in trouble and not herself. Just let the solicitors and courts sort this one. People like that have no morals and don't care who they hurt as long as they get what they want.

P.s She would not be bothered in the slightest what anyone else thought of her :mad:

Mouse
13-10-2010, 06:16 PM
What a horrible situation for you to be in.

I wouldn't hand over copies of contracts. She should have taken better care of her own copies.

It sounds as if she's shouting a lot, but not really saying anything. I bet if you stand your ground, she'll back down.

Erika
13-10-2010, 07:27 PM
If you must communicate with her, do it only in writing and keep a paper trail. You are absolutely correct to have sent the initial letter by a traceable means and should do this for any further communication. If she moves, that is her hard luck - send it to the address she has provided you with only; you are covered that way.

If she wants copies of the contracts she is legally entitled to them, but you do not have to provide them to her unless she requests this in writing. The maximum statutory fee that you can charge for providing her with data you hold in respect of her or her children (which would include contracts) is £10.

If she is coming by for the contracts, please have someone present with you to witness the exchange, and if anything is said between the two of you, write it down afterward.

Any further verbal communication from her should be logged as above so that you have a reference should she attempt to be awkward later. If you don't get the money as promised by her, I suggest again contact NCMA and request that their legal team take the matter forward on your behalf. Give them copies of any exchanges you have logged or written communications you have exchanged with her to enable them to build a case.

miffy
13-10-2010, 07:51 PM
I wouldn't give her copies of the contracts either - she should already have a copy.

Sounds like you've rattled her to me since she's making a lot of noise about nothing.

Don't give up, hopefully she'll see it will be easier to pay you!

Miffy xx

funfunfun
13-10-2010, 08:09 PM
I wouldnt give her a copy of the contract !!!!!!!!!!!

I owuld tell parent she had one at the time of signing !!!!!!!!You have yoyrs your not legilly required to give her a copy just because she lost hers DONT DO IT !!........NCMA if you are with them STATE that if contcats are copied (photocopied) they arnt acceptable (void )and cant prove anything

(its not allowed)

I wouldnt approach her anymore make sure everything is done by letter with copys of everything that is sent or goven to parent with dates etc

I think the same as someone else posted ............why does she want to tell tax credits ......she has been paid you havnt ...in fact it should be vice versa

You contacting them to say parent os claiming x amount in childcare and hasnt been paying you they will investiagte .

Sound like a royal pain in the bum ....sorry your in this situatiion hope you get things sorted soon x

The Juggler
13-10-2010, 08:42 PM
what a nightmare hon! so now if we need to take the parent to court, then NCMA insurance doesn't fully cover us? I thought that is what the legal cover was for???? I'm confused.

From what has been said on here before you might be better going to small claims court and report her for benefit fraud if she's received the tax credits already.

Erika
13-10-2010, 09:14 PM
Under the terms of the DPA (section 7) she is legally entitled to a copy of any data held about her (or her children) if she requests it. However she does not have to be provided with this unless she requests it in writing and submits the statutory fee. If she were to do so, a childminder would be legally obliged to comply. If she verbally requests it or refuses to pay a fee, the childminder has no obligation to provide it.

It is correct that a photocopied contract is not accepted as valid - a court would only accept the original document signed by both parties as evidence of the contract held - however, that does not deflect from her legal right to be provided with a copies of any data held, if requested in accordance with statutory legislation as outlined above.

NCMA legal advisors will advise the same if you ask them. Are childminders no longer given advice on data control as part of their package now?