Payment problem

[kime]

I have a patent whose daughter comes for 2 & half hours 4 days a week.

Payment was due on Friday for next week-75% as she is not bringing her. She called me Saturday to query it as she doesn't think she would sign a contract agreeing to that & she has arranged to pay a family member to have her & her sister so can't afford to pay me. I was at my brothers wedding so said I would double check when I got home-emailed a copy of the contract to her yesterday & asked how she wanted to proceed as she had said on the phone that if I insisted on payment she would need to look for another childminder. I explained she could but would still need to pay 4 weeks notice to me.

I have heard nothing further from her & not sure what to do now. I was going to call her but she wasn't very nice on the phone Saturday & there is a slight language barrier-she does understand most things but it can be a little difficult to understand her.

Sorry for long post I just wanted some advice on what you would do now?

Thank you x

[kime]

*parent! Can't type!

[FloraDora]

Is it worth emailing her asking what she has decided to do? That way you have her reply in writing?
'Further to our conversation can I just clarify....' ..and outline her options as bullet points making clear the cost of options.
Keep it friendly but professional and explain your affiliation to your insurance company and therefore they will seek to claim the money on your behalf if she chooses not to send children to you and not pay by the dates you expect.
It seems she does have alternative childcare as she is using them....I am not quite sure why she is using another childminder and not you??? Given that you are charging her???

[kime]

Thank you for your response, I have heard back from her now giving me 4 weeks notice & still not happy & wants to now bring her daughter tomorrowwith me dropping off to a friends at 12 (when I would normally drop her at nursery) as I was not expecting her this week I have made plans to go to the farm & won't be able to take her at 12.

Don't know what to do about that now?

[kime]

She was paying a friend or family member to have her because she has an older sister as well who I don't mind because she is at full time school.

[Kiddleywinks]

Does she normally come in the holidays?

Do you charge a retainer?

Do you specify a required notice period for additional hours?

[kime]

She only started with me a few weeks ago. I knew I wasn't needed in hols. I'm just looking through contract and can't see anything about notice to change hours.

Am getting really stressed with this. She has just called to say that she expects me to not do my planned trip as she is paying for her to come now.

Am tempted to give immediate notice as she is 5 days late paying and in my contract that's is one of reasons for immediate notice.

Anymore advice very gratefully received.

[rickysmiths]

Under the circumstances I would write her a letter giving immediate notice under the 5 day non payment rule. I would give the amount she is still due to pay in lieu of notice and say this amount is due now.

Keep the letter very short and to the point and to the Contract.

I assume you are using Pacey Contracts, if you are I think if you read page 4 you will find something about giving notice to change hours and days.

Tomorrow I would phone Pacey Legal and ask for further advise on how to proceed.

It sounds as if you would be better off without her.

[Kiddleywinks]

I would most certainly not be cancelling a trip for a parent that cannot organise themselves appropriately!

If parent wants child to attend tomorrow (and you have the space to accommodate) then they need to
1. make full payment of all outstanding amounts
2. make arrangements for child to be collected from wherever you will be, at the contracted time, or you will keep hold until you get back then bill her for the additional time and any other expenses such as entrance fees etc

Alternatively, child is not contracted tomorrow, therefore is not able to attend.

If you intend on terminating contract with immediate notice, make sure you deduct any deposit taken against any outstanding fees

Are you with pacey or MM?

[Koala]

Is it a term time only arrangement? If you are charging for non attendance (a retainer) then in theory the place has to be available. what is your wording in your contract?

I word my contract as a beneift for term time only:-
I charge 50% discount for non attendance in non term time and if a parent wants to come and it is planned I would charge full for the days attended, if they had an issue about paying 50% they go elsewhere - if they have an issue about me making other plans and not being able to take their child in non term time without enough notice then they can pay 100% all the time to guarantee a place and I will plan accordingly - they can't have their cake and eat it.

In any case I would issue immediate notice for non payment in this case, late payment, contract dispute all within a couple of weeks it is not worth the fight. And do everything in writing.

[blue bear]

I might have this wrong:

Payment was due on Friday for this week and has not been paid

You charge 75% for non attendance in school holidays (parent now doesn't want to pay this and sounds like they hadn't read that part of contract before they signed it)

Contract is am Tuesday term time only? (plus other days)

Parent now wants the Tuesday am as she is expected to pay 75%

You arranged a trip to farm, can't be back for 12

What does the contract say, is it a payment to keep place open or is it a retainer whereby place is available if they choose to use it.

Me, I'd say as along as outstanding money is with me when you drop off child I will take the child. But i will not be bringing her back for 12, I will drop her back when we get back from farm no extra charge past 12.
No money =no childcare.
Other option is to say keep child home and I won't charge you for Tuesday only.

[kime]

Thank you so much for all of your advice.

I have now sorted it that she is coming here this week, coming with us tomorrow & I will drop her off on our way back.

As she is away all over the summer & starts school sept it's only til middle of June & contract ends-can only be a good thing!

Thanks again x