urgent advice needed over payment

[GemSar]

Hi all,
this is the first time we are posting on here. We got our registration Aug 2012 and are a team of two.
We have had a simple misunderstanding with a parent of one of our full time children and they have taken them out with no notice.

The problem is is that due to their finances I have been letting them pay weekly however I did dicuss with them that from January it must be monthly. As of today they were still paying weekly, but it is in a siged contract that they should be paying monthly from Jan 2012.
I just need to know whether I am legally within my right to request the outstanding payment for the rest of the month?

Does anyone know who I can seek legal advice from or who can tell me if I can do this. Obviously its alot of money and if I can legally get it then I want to try. Ot says in their contract that they do not get their money back if they remove their child without notice, but the issue is they havent paid it yet.
:panic:
If someone could help we woudl be so grateful and then maybe we cab post something nice on here lol.

Thankyou

[mama2three]

First of all welcome to the forum!
Who are you insured with? I think the first thing to do is give them a ring and see what they say.
Id also document everything that has happened / been said so that you have accurate records should the need arise - it wouldnt be the first time a disgruntled parent who is asked to honour their contract and pay up has complained to Ofsted. rest assured they can see straight through these complaints but your recoeds will be needed.
Im lucky never to have been in this situation as I take a months deposit held against the final months fees. Not much help for you this time , but maybe for the future?
Good Luck , definately get some advice from ncma or MM when they open today x

[Toothfairy]

I agree with Mama2three.
Seek legal advice from your insurer and document everything, letters, texts, conversations etc.
Hope you get it sorted :thumbsup:

[GemSar]

Thankyou for your advice both, We have luckily been documenting everything, if not over documenting lol.
I will take your advice and contact my insurer.
Mama2three sorry if I am being a bit silly but do you take a full months deposit and then their last month is free? Sorry its just a really good idea and I just wondered what sort of fee you take and currently we are only taking £100 and they get it back off the first months fee.

Thanks again,

[rickysmiths]

When the parent first signs a contract I take a four weeks fees deposit. It is clearly documented and signed that this is held until the end of the contract and as long as there are no outstanding fees it is used to pay for the four weeks notice.

This means that if a parent leaves like yours have you have at least 4 weeks money in hand. If the contract ends naturally then the parent does not pay you for the last 4 weeks because the deposit covers it.

Also I have it so that if the contract is signed before care is needed and the parent changes their mind or if they leave in the four weeks settling in then they loose their deposit.

I keep deposit money in a separate account so I don't spend it!!

[GemSar]

This is really helpful, thankyou very much :clapping:

[GemSar]

Just to say we took your advice and have now got out money back :)

[rickysmiths]

Well done glad you had a fruitful outcome.

[LittleMiss]

I'm really pleased you got your money back - how did you get it back? I haven't been paid for my 4 weeks notice period and now beginning the process of getting it back. I'd appreciate any advice you can offer. Thanks.

[GemSar]

I'm really pleased you got your money back - how did you get it back? I haven't been paid for my 4 weeks notice period and now beginning the process of getting it back. I'd appreciate any advice you can offer. Thanks.

Hi littlemiss,
Are your contracts the ones by the NCMA and do you have their public liabity insurance?
I was advised to contact them by posts on here, because they are my insurer they were able to offer me advice. If its states in your contract that they have to give a 4 week notice period (which mine did) the they are legally obliged to pay you the 4 week notice period . I compiled a letter to say this and to remind them that it is a legally binding contract and as per my contract they were also required to put the notice in writing.

The only thing they said to me was that because my contract was not the NCMA one that they could not act legally on my behalf. Now I am going to use their contracts in case it happens again as I think I was very lucky to get it back without a fight.
I gave them a breakdown of what they had to pay and gave them 7 days to pay the full amount or they could pay in over 4 weeks which I broke down for them.
I said that failure to pay woudl result in legal proceedings.
My insurer advised me to wait until they had not paid either the full amount after 7 days or had missed their first weekly payment and then send them a final demand.

I really hope this helps and please let me know how you get on
GemSar