Troublesome payments and non attendance (this is a long one)

**Linzi** · 15-05-2008, 09:18 PM

Hi,

I am new here and hope someone will be able to help. I have been registered as a childminder for some time but have only just started minding full time.

I recently took on 2 boys (brothers) 14 months and 3 yrs and the first 2 days i had them everything seemed fine i have the 14 month old 8am - 4pm and the 3yr old 8am-12.30pm then take him to nursery and then have him 3-4pm.

On the first 2 days they were collected 1hr and 15 mins late so i charged the mother for this and she was fine with it. She was due to pay me on the friday evening but sent me a text saying she didn't have the money and would pay on monday. She didn't pay me until 9 days later and the boys didn't attend. The came again on monday 8th may but i received a call from there mother at lunch time to say that there grandmother would collect the 14 month old at 2.30 and the 3yr old from nursery. I then got a call from her monday night to say the boys wouldn't be attending till the following week. I informe her that she would have to pay me full pay for the monday as she had let me know at short notice that they were being collected early and that she would have to pay me half pay for the rest of the week due to non attendance. Again she said she would come and pay on the friday and i still have not been paid. Then this week my daughter had to go to hosptial on monday which i had informed her of when we signed the contracts so i have not asked for payment for this day. She brought the boys on tuesday am and i informed her that i had been unwell and booked a docs appointment for tuesday pm as this was the only appointment i could get and asked if the 14 months old could be collected at 12.30 she said this was fine. There grandmother turned up at 10.30 am for them and gave me some verbal about messing her about and i informed her that i wasnt expecting them to be collected till 12.30.

She has not brought the boys for the rest of this week and i have still not recieved any payment from her. I received a call from the mother tonight informing me that she was not going to bring the boys again and that she isonly prepared to pay me £125. My rates are 3.50 per hour for the full time child and £3.00 per hour for the 2nd child. I have worked out that she owes me £150 and i also feel that she should pay something for the next 2 weeks as she is not fufilling the notice period of the contract.

Please could someone advise me where i stand on this.

Many Thanks

Linzi

**Trouble** · 15-05-2008, 09:21 PM

i would get in touch with the ncma

or someone more experience will come a long and help

good luck thou

**Rach30** · 15-05-2008, 09:24 PM

what a damn cheek !!

i would contact NCMA or maybe your development officer. Have a nasty feeling you wont get anymore money of her tho

On the bright side at least you can end the contract and hopefully get some better mindees/parents. Hope it all goes ok for you .

Pipsqueak · 15-05-2008, 09:25 PM

If she has signed the contract then she is liable for the hours of non-attendance at whatever you stated.

What is your notice period? 2/4 weeks - whatever it is she has to either give you proper notice or pay you in lieu. She should also be informing you in writing of intention to terminate the contract - according to NCMA contracts we cannot accept verbal intentions.

Get onto NCMA - they will advise you to write to the parents. Deal with it hard and fast

**Trouble** · 15-05-2008, 09:26 PM

if their in their settling in period you can terminate straight away but it still leaves the question of money

**Linzi** · 15-05-2008, 09:50 PM

Hi,

Thank you all for replying. We did organise a settling in period for 2 weeks at the start of April (2 hrs 5 morning per week) which the boys did not attend. I had my doubts with them not turning up for the settling in period and i spoke to the mother about this and she said that it was that she had difficulty arranging someone to collect them as she had already started her job.

I asked for 4 weeks notice of termination of the contract but she asked if we could make it 2 weeks and i said that i would do that. But the contract does still state 4 weeks.

I have felt so messed about tho and I haven't had this problem before. I look after another child before and after school and have done so for some time now and have never had a single problem.

**Trouble** · 15-05-2008, 09:54 PM

i would do what the others have said so you know what to say when you tell her

good luck

Pipsqueak · 15-05-2008, 10:06 PM

Originally Posted by Linzi

Hi,

Thank you all for replying. We did organise a settling in period for 2 weeks at the start of April (2 hrs 5 morning per week) which the boys did not attend. I had my doubts with them not turning up for the settling in period and i spoke to the mother about this and she said that it was that she had difficulty arranging someone to collect them as she had already started her job.

I asked for 4 weeks notice of termination of the contract but she asked if we could make it 2 weeks and i said that i would do that. But the contract does still state 4 weeks.

I have felt so messed about tho and I haven't had this problem before. I look after another child before and after school and have done so for some time now and have never had a single problem.

Go with your gut feeling and after that 2wk settling in period (no show) you should have said bye bye (ain't hindsight good) but you are now into the full contract obviously.

**Blaze** · 15-05-2008, 11:23 PM

I would take the £125...then get the NCMA involved!

**cherryt** · 15-05-2008, 11:31 PM

can I just say this, I think the parent has taken your ofsted number to get the family tax credits and will be using her mother or a family friend to look after the children, it happened to me once a few years ago.

Get in touch with ncma and also the family tax credits too because she is claiming against your registration number.

**sarah707** · 16-05-2008, 06:56 AM

Cherryt has made a very good point there... unfortunately it is hard to report people because of confidentiality, but it's worth a try!

Contact them through this link here -

http://www.hmrc.gov.uk/individuals/tmatax-credits.shtml

It's awful to be messed around like that - it sounds like she just needed some part time childcare and grandma has decided she can fill in and do it...

I hope you get some money back - definitely worth ringing your insurers.

Good luck

**angeldelight** · 16-05-2008, 07:32 AM

Sorry you have been messed around like this

I would do what everyone else suggests here

Just wanted to say good luck and hope you are ok

Angel xx

**archie_fields** · 16-05-2008, 10:45 AM

Been thinking about this overnight. Personally I'd take the £125 and forget about the other £25. The chances are if you push for the full amount you won't get anything and £125 is better than nothing.

I'd also try and see what you can do with CTC (or maybe the NCMA would be able to help) - my cousin did exactly the same as has been suggested above. Unfortunately for her I made a phonecall to the benefits fraud department and it got passed to the CTC. A letter was written to the childminder asking her to confirm the children on her books and she obviously didn't know anything about my cousins daughter as she hadn't looked after her for some 9 months. My cousin was claiming child care costs and getting her mum to look after her little girl.

Good luck.

**Linzi** · 16-05-2008, 07:30 PM

Hi all,

Thanks for all the advice given.

The mother got into saying she would come and pay after work today but she hasn't been or contacted me since.

I have spoken to the NCMA today and they have said that what I have asked for as payment it well below what i am entitled to recieve from her as I could have asked for full fees when the boys didn't attend as there wasn't a specified reason, also they said that I should ask her to pay at least 2 weeks retainer for the non attendance during the notice period and that if she doesn't pay to ring them again and they can advise me further as to taking legal action.

I have also discussed this with my husband and he has also suggested that i contact the benefit fraud office and tax credits and inform them of the situation.

I will give her a chance to come over the weekend to pay but if she doesn't come I will be on the phone monday morning and hopefully I can get this hole mess sorted out.

**Pudding Girl** · 16-05-2008, 07:47 PM

I'd be inclined to forgo the £25 and accept the £125 and just get rid quicker. A lot of hassle for just an extra £25 to be chasing and taking her to court if need be etc etc

**HilaryT** · 16-05-2008, 08:24 PM

Poor you! It's every childminder's nightmare - non-payment, bad feeling and being used.

I think you need to decide what's in your best long-term outcome - do you feel so strongly on principle that you are going to fight this all the way to the courts? (with all the stress, visits to courts, paperwork, etc.) or would you prefer to cut your losses and get some of your money owed. That is your decision, and it's not an easy one. I think I might be tempted to take the money, but at the end of the day, I'm not the one who's been used and abused!

Good luck and I hope you get things sorted out to your satisfaction

Hilary

**ChocolateChip** · 17-05-2008, 10:17 PM

Hope you get it sorted out Linzi, if you feel you want to fight your corner the small claims courts aren't too bad, and it might make this woman think twice about ripping someone else off!

Good luck, whatever you decide to do!