Haven't been paid!!!

[Petal291]

Hi All
I'm hoping for a little support on this one, as not quite sure how to deal with it.
I took on a new full timer two weeks ago and told mum i expected to be paid in advance, this was is in the contract and I gave her an invoice.
In the second week I approached her on this and asked for payment, she said she had miss understood me and didn't have the money to pay me until she got paid at the end of the month!!
My third week start's tomorrow.

We are still in the 4 week settling in period, but I am not happy with other aspects and am going to tell mum that i will look after the child until Friday 28 October only. I know i can stop straight away, but didn't think it was fair to mum to leave her in the lurch.

But of course i'm worried about payment!!! I know i have been very foolish and have learnt a very big lesson. Mum has signed the time register for both weeks. What are my options if she doesn't pay?? Small claims court???

Natasha x

[zippy]

yes, but if you are with morton michel they are very good and do it all for you.

[The Juggler]

Did she sign a contract. Tell her sorry she misunderstood but that if she doesn't pay up to date you will not offer any further childcare. You are NOT giving her notice simply not providing any further free services. You are NOT preventing her going to work so she can't sue you. If she pays up you will have the children so it is her choice whether to go to work or not.

sorry this has happened honey x

[sarah707]

What does your policy say about giving notice? You need to follow that - it's really important, especially if you need to chase money at some point in the future.

Give notice, wait until the end of the notice period and take advice from your insurance company.

Only communicate by letter so there is a paper trail showing you have requested your money and note any replies from the parent.

And make sure you take a deposit / payment in advance before starting next time!

Good luck with it all x

[Pipsqueak]

Hi All
I'm hoping for a little support on this one, as not quite sure how to deal with it.
I took on a new full timer two weeks ago and told mum i expected to be paid in advance, this was is in the contract and I gave her an invoice.
In the second week I approached her on this and asked for payment, she said she had miss understood me and didn't have the money to pay me until she got paid at the end of the month!!
My third week start's tomorrow.

We are still in the 4 week settling in period, but I am not happy with other aspects and am going to tell mum that i will look after the child until Friday 28 October only. I know i can stop straight away, but didn't think it was fair to mum to leave her in the lurch.

But of course i'm worried about payment!!! I know i have been very foolish and have learnt a very big lesson. Mum has signed the time register for both weeks. What are my options if she doesn't pay?? Small claims court???

Natasha x

I think you need to urgently sit down with mum ASAP and explain that she signed and agreed the contract - which surely she must have read BEFORE she signed. I would point out to her firmly but politely that these are your terms and conditions and payment needs to be bought up to date and in line with your terms and conditions/contract.

I would back all this up in writing and I would point out that section in your p&p's and contract.

How on earth can she misunderstand 'in advance'. Yes - treat this as a learning curve... ALWAYS take a security deposit which you hold over till the end of the contract (non refundable ) and then payment is made weekly perhaps for the week used.

OK - she may be in stucky now and I think perhaps you are going to have to show some goodwill however so is she and perhaps she is going to have to give you a token amount.

Yes NCMA and MM will help you should it come to it - not that you'd need either of them - its all doable for yourself.

[Petal291]

thank you all for you advice...mum did sign the contract, which stated payment in advance.
I state 4 weeks notice either side, but as it's the settling in period I don't have to give any notice.
I was going to give mum two weeks notice anyway as it isn't working out working for the parents. Mum does shift work and is messing me around to much!!!
I will speak to her again tomorrow regarding the money and if she does not pay me on collection of the chlid, I will give her something in writing regarding payment and that i will not be looking after the child from Friday 28 October. I would stop straight away but i just feel bad leaving mum in the lurch!!!
Thank you all

[rickysmiths]

thank you all for you advice...mum did sign the contract, which stated payment in advance.
I state 4 weeks notice either side, but as it's the settling in period I don't have to give any notice.
I was going to give mum two weeks notice anyway as it isn't working out working for the parents. Mum does shift work and is messing me around to much!!!
I will speak to her again tomorrow regarding the money and if she does not pay me on collection of the chlid, I will give her something in writing regarding payment and that i will not be looking after the child from Friday 28 October. I would stop straight away but i just feel bad leaving mum in the lurch!!!
Thank you all

But think how she has made you feel by not paying you?

[Petal291]

Yes she has made me feel so angry with myself...but i am a good person and really can't just leave her in the lurch...at least i know i can get help through the NCMA, payment at the end of the day is really all i'm worried about. Money makes the world go round...and i will never ever make this mistake again!!!

[Ripeberry]

Hope you get your money soon and I hope the mum realises that she will have to pay for the month she missed and pay up front for November! So two months in one go.

[Caterpillar]

We nearly had this problem. I have a new starter in September, mum and dad paid me three weeks in advance but then the money dried up.

My policy states that they have to pay 2 weeks full fees which is held as a payment deposit throughout the life of the contract. This is payable in advance at the beginning, before care starts.

I got them in and told them straight, that if they did not pay what they owe, then I would refuse care on the day that the money runs out!

Needless to say, they came up with the excuse of Child Tax credits problems etc. But they did get me the money in time and within two weeks!!!!

It was very difficult having the courage to do it, but its my business, my life and I'm in control!!!!!!

Feel much more comfortable about doing it in future.

Good luck

[The Juggler]

thank you all for you advice...mum did sign the contract, which stated payment in advance.
I state 4 weeks notice either side, but as it's the settling in period I don't have to give any notice.
I was going to give mum two weeks notice anyway as it isn't working out working for the parents. Mum does shift work and is messing me around to much!!!
I will speak to her again tomorrow regarding the money and if she does not pay me on collection of the chlid, I will give her something in writing regarding payment and that i will not be looking after the child from Friday 28 October. I would stop straight away but i just feel bad leaving mum in the lurch!!!
Thank you all

you would not be leaving her in the lurch. you are only stopping until payment is brought up to date - thus the only thing stopping you caring for her child is her paying you. You have given 2 weeks notice then it's her choice whether to pay and have care or not pay and be without care. Sorry if that sounds really tough but I'm fed up of hearing parents take the pee out of minders. I know they are in the minority and there are lots of good parents, but it's so unfair

[LittleMissSparkles]

I have had this happen twice... and had to go twice to small claims court and won, but this is a very long winded process weather your with ncma or mm as i have done it with both, get tough hun.... i will not start a contract now unless i have been given a months bond/advance fees on or before the first day of care commencing in cleared funds, I have an attachement of earnings goign through court now for someone who didnt pay me for 6 weeks ended up owing me over £700 and when eventually got to court i won and with court costs etc etc the bill amounted to over £1200 the parent still didnt pay and had a ccj against her but still hasnt paid so know i know she has a new job this is the only option i have of being paid for the work i did x

If you give notice to the mum and she doesnt settle her invoice with you what she owes put it into writing a break down of what she owes you to date and give her 7 days to pay, if she still doesnt pay you contact your insurer and they will help from there good luck xxx

[jane5]

Good advice given by the others

If it was me I would not give notice until she had paid what she owes because she might not pay, and I would refuse any more care until I had been paid 4 weeks in advance. If she says she doesnt have the next 4 weeks money until she had been paid next month I would refuse to take the lo and if you are thinking about ending the contract anyway then its not a big loss to you.

Others may say that this is not professional but she hasnt been proffesional with you and I do not work for nothing.

Im with MM so I know we can withold care if we are not paid but I dont think you can with ncma?????

I hope you get your money

[The Juggler]

Good advice given by the others

If it was me I would not give notice until she had paid what she owes because she might not pay, and I would refuse any more care until I had been paid 4 weeks in advance. If she says she doesnt have the next 4 weeks money until she had been paid next month I would refuse to take the lo and if you are thinking about ending the contract anyway then its not a big loss to you.

Others may say that this is not professional but she hasnt been proffesional with you and I do not work for nothing.

Im with MM so I know we can withold care if we are not paid but I dont think you can with ncma?????

I hope you get your money

NCMA advise you not to withhold care but this is on the basis that parents can sue you for loss of earning if you do so. However, I'm not advocating terminating the contract and leaving them without care, I'm simply advocating telling them you are open to care for their child but only on condition they pay for the care to date. That way it is their choice to be with or without care whilst upholding their part of the contract. How can they sue you for that