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View Full Version : HELP!! Before I lose my mind with parents arghh



hayjay1987
26-10-2010, 06:31 AM
Hi everyone, well what a nightmere this is.....

Back in sept 08 I took on a child and her parents are from very hight and respected jobs. The mum is a teacher and when we done the contracts we had an agreement that over the school terms this little girl was not to come to my setting bacause her mum was not at work, free of charge. Things were fine, they were late paying ALOT of times to a point I had to put in a late payment fee, they totally messed me about very often. I thought about putting my notice in a couple of times but thought against it as I thought they were a nice couple, their child is fantastic, so I left it how it was.

After every summer holidays I wrote out a new contract changing the times as the child went half time at school ect, but this summer holiday she was due to go school full time. I texted parents through the holidays when we can meet up to discuss new arangments......no reply......then mum decided to text me when she was on holiday and all it said was 'I'm inturkey, won't be back for 2 weeks', well in that 2 weeks I went away to Egypt and just before the schools started back I got a text (when I was away) saying 'when are you ba k from holiday, need to talk about the arrangments' so itold her I wasn't back until the Thursday. That weekend when I was home, I tried to contact her again but it wasn't until the Sunday night when her father texted me saying grace will be coming the Monday morning, but then ithought well I've not got a new contract set up yet although I still had the old one so I text dad and said I cannot start a child without no contract so I told them the other one never necessary ran out so I will amend it with new times, payments ect. So the child came for the week, and the next week. The week following without no notice mum text me and said grace won't be coming today as I'm on the sick for a week.....ok fine but you still need to pay, this went on for 3 weeks. Last week in Leicester it was half term so I didn't expect the child to come and there was no fee again, then Sunday night after not hearing from parents AGAIN, I text and asked if child was coming....no reply again. Sunday evening at about 10pm dad text me saying child will not coming again because it's half term for the secondry school and mum is off, I replied back saying I only work to primary holidays as I'm registered to care for under 8s so I said I will speak to my development officer and see what she says because they may still be liable for paying.....no reply again!! Yesterday morning I had a very stern text from dad saying with immidiate effect child will not be coming and they will not be paying the 4 weeks notice as they did not sign a new contract (even though the old one was still in practice but just amended, which I informed the parents), so I told them they do owe the money and written notice because they knew I amended the old one and the was fully prepared to send their child for 3 weeks knowing this. I cannot get hold of my development officer so I have come on here for advice,

Am I right to say they owe me the money?
I don't want to get NCMA involved just yet until I know I'm completly in the right. On my knowledge, contracts do not run out and can be amended any which way as long as you have proof the parents are aware and the old contract clearly states the child does not attend when it is school holidays, surly it's not complusary to write a new one out every time? I just do e a new contract purly through good will and to refresh our memorys??

Any advice I will be so grateful for

thanks xxxx

barbarella68
26-10-2010, 06:37 AM
You are correct,as far as I am aware the old contract is in force until a new one has been signed. People like this get me so cross and as she is a teacher I thought that she would have more common sense obviously not.

hayjay1987
26-10-2010, 06:49 AM
Aww thank you for your reply, I know some parents are unbelievable! It's really upset me and to make it worse dads a police officer and he said he's sort all differant advice ect so I'm quite worried now, dont know why because i know I'm in the right but he has always treated me as is was this high mighty authority and I'm nothing! Has no respect for nobody!

Thanks xxxxx

miffy
26-10-2010, 06:51 AM
You could just ring NCMA for advice - you don't have to get them involved

Miffy xx

Penny1959
26-10-2010, 08:08 AM
You are right - old contract stays in force - and the fact that they used your childminding service for 3 weeks under an amended contract is proof they knew and were happy with it.

I used to work for NCMA (2003 - 2006) and was a Childminding Development Officer up to end Feb this year - so I am pretty sure of my facts.

As advised phone NCMA if you are a member - that is what you pay membership for.

Good Luck - stand your ground and ensure you get your notice fee.

Penny :)

Andrea08
26-10-2010, 09:38 AM
yes hun i agree you are right also may i add that ncma contracts say review date... and a section to sign to say both sides have reviewed and either changes made or stay the same...

i h8 to say this to you but i and many more childminders and nurseries have been in this boat and to save your health i would put to bed and move on..

i made myself so ill ova bad payments and atm a parent who sent her sick son to me and now all my familyare sitting in bed feeling very sorry for our selves..

we could go to court and stamp our feet but it dont help none and the goverment dont care.. ive changed practice and now charge depostits of either 2 or 4 wks and then if parents dont pay i hold on to the deposit and shut the door time to stand tall and be strong

im sorry this has happened to you its sad parents think they can do this to us all the time...

xxx

Ripeberry
26-10-2010, 11:04 AM
Have a word with the NCMA and then write to the parents, hand deliver the letter if you need to. They think they can wriggle out of it but they can't.
Hope you find a replacement familly who treat you better :thumbsup:

Ripeberry
26-10-2010, 11:06 AM
yes hun i agree you are right also may i add that ncma contracts say review date... and a section to sign to say both sides have reviewed and either changes made or stay the same...

i h8 to say this to you but i and many more childminders and nurseries have been in this boat and to save your health i would put to bed and move on..

i made myself so ill ova bad payments and atm a parent who sent her sick son to me and now all my familyare sitting in bed feeling very sorry for our selves..

we could go to court and stamp our feet but it dont help none and the goverment dont care.. ive changed practice and now charge depostits of either 2 or 4 wks and then if parents dont pay i hold on to the deposit and shut the door time to stand tall and be strong

im sorry this has happened to you its sad parents think they can do this to us all the time...

xxx

Andrea, that's a good idea about deposits, might incorporate that in a couple of years time once I get fully established :thumbsup:

hayjay1987
26-10-2010, 12:08 PM
Hi everyone, thank you all so much for your help, advice and support, well I can officially say they have coughed up! Yay!!

I took your advice and called the NCMA and they told me I was 100% right and they gave some info to handle the issue, I tried ringing the parents but they wouldnt answer so in a very long and fustrating text message I wrote it all down and then I had a reply to say they have also rang the NCMA and that they are unhappy with the way the situation has Bren handeled and to let them know how much they owe me and they will seek legal action aswell, they have dropped the money through my letter box and the written notice and to be quite frank I don't give to flying monkeys wether the take legal action because they have not got a leg to stand on and it's all thanks you all that have helped me stand up for myself :-)

thank you all so much, ths us why I love forums like this. Full of people who want to help :-) XXXXXXXX

Andrea08
26-10-2010, 12:14 PM
that is the best news ive had all day well done hun..

must say they know your right or would not have given you the money..

in most cases parents dont bother paying a penny even after court one friend is ova £1000 out of pocket.

:clapping: very happy for you and well done ncma for backing you up to the parents about time i say xxx

hayjay1987
26-10-2010, 12:36 PM
Most definatly andrea08! They won't take legal action (even thou he's a policeman) because I'm in the right so that's why they paid me. They are just bluffing me which I'm not worried about in the slightest. He has prob took down my car reg and is going to issue me with a parking fine or something ha ha ha because that's how pathetic they are! :-)

thanks you all again xxxxxx:jump for joy:

Pipsqueak
26-10-2010, 12:46 PM
Glad you have got it sorted.

Just remember - they have now paid you - if they honestly thought they were justified in witholding the money because of contractual issues etc then they would never have paid it. They do not have a leg to stand on.

Enjoy the money and forget them.

rickysmiths
26-10-2010, 12:46 PM
Andrea, that's a good idea about deposits, might incorporate that in a couple of years time once I get fully established :thumbsup:

Why do you need to wait a couple of years? Instigate it with you next contract. It is quite common practice now to take 4 weeks fees as a deposit held until the end of the contract or against non-payment at any time.

The Day Nurseries take a deposit and an admin fee very often when you sign up. One of our local nurseries charge £145 admin fee which is not returnable and a deposit which is also not returnable. Don't feel awkward about it just make it part of your practice.

snufflepuff
26-10-2010, 12:47 PM
Glad it's sorted. So funny that they are threatening to take legal advice but paid up anyway....if they really thought they we're right they wouldn't cough up would they, how silly!

Erika
26-10-2010, 08:21 PM
I am in absolute agreement with the others here - you are right and they are wrong.

If they do take legal action the only avenue they can possibly go down is that the amended version of the contract cannot be enforced because the contract had been altered without both parties bearing signatory to the changes.

However they still wouldn't have a leg to stand on because in contract law there is such a thing as an "implied contract". A court would consider that the alterations were accepted by them dropping off/picking up at the times noted in the alterations and the payment of the fees up until they decided to terminate (I assume the fees had also changed) being made in accordance with the alterations - the official terminology is "implied contract by custom and practice".

If you do get any letters which threaten legal action on the basis that they did not accept the altered contract, implied contract will be the one to quote.

In regard to why they have paid if they intend taking it further - where there is a question of money owed, many legal advisors will tell people "pay now, sue later". Looks better for the litigants.

They could of course just be blowing a whole lot of hot air about the legal action however, to protect yourself, make sure you hang on to anything which would sufficiently show that they accepted the new contract. Verification of payments that they made, any time sheets you do, anything which shows they accepted the alterations made by working with you in accordance with the changes.