what would you do?

[Goatgirl]

Hi Adele,
From what you are saying your 'friend' sounds very suspicious of you and I think its very strange that she wants to speak without you to the parents, Unless you have separate mindees you care for? Does she mean she wants to talk to 'her' parents and you to 'yours'?

Its such a difficult situation: you need to be able to work together until you part company but not be taken for a ride at the same time. In your position I'd be wanting to tell the parents right now and ending the joint arrangement as soon as is fair to the parents, but I'd feel pretty mean if the friend wasn't in a position to at least take her 'share' of mindees with her to her new business. Though I have to say, I think she may get a shock if parents chose you because you are a home setting anyway and she may well end up with none

Regarding any financial agreements etc I would just make sure you record and sign what you discuss and what you decide for each thing. And be precise with the wording.That way she can't come back and say you've ripped her off at a future point if she doesn't do well in her new business and starts to feel resentful...

I hope you can keep your cool and it all works out well ...

[Mouse]

Im going to call a parents meeting and tell all the parents when they are all together, im going to do this in April and have told her what im going to do and its her choice if she wants to be there or not, im not going to bad mouth her as i dont feel its either appropriate or proffesional, Im just going to make them aware of the situation and they can make thier own mids up from there.

I can understand where she is coming from tho as her place isent even registerd yet so she hasent really got anywere to go in may, but on the other hand im not being used as a base until she sorts her place out

Dose anyone know if she is entiteled to anything else ( the agreement we came to is I keep the business name, logo and anything to do with it ie website and bank account) and she keep the car once it has been de stickerd is there anything else im missing, for some reason she is very intrested in the books and bank account.

Also we havent got a contact or anything we just came to a verbal agreement when we first started up

I would hurry up and get some legal advice. If she's asking about books and bank accounts, I bet she's getting advice from somewhere.

Out of interest, where is she registered from as a childminder? Is she registered at her own house or yours? Why doesn't she childmind from her own house for now?

[kindredspirits]

sorry - you get to keep the business name and bank account and she gets to keep the CAR???? Did you buy the car jointly as a business expense and how new was it?? I only ask as it sounds like the most expensive asset to your business.
I think you need to work out everything that was bought jointly by the business, literally every last resource - what its worth and who gets what - make sure she's not diddling you as it all sounds very iffy to me.

Anyone can open a business bank account hun so if she wants it let her have it. Tbh you'd be better off with just your own current account as business banking is a lot of hassle.

Who designed the logo and does it really matter whether you have it or not?

I mean lets face it - it sounds like she's leaving you the stuff she doesn't want/need. There is no point to her having your business name if its a childminding based name if she's opening a nursery, ditto to the logo.

Make sure you get your fair share of everything by the sounds of it she'll bleed you dry otherwise.

[adele1985]

My partner owns his own garage and he got us the car, plus i cant drive yet so the car would be no use to me, my partner has already got my a newer version on the same car in automatic anway so i can learn in it. To be honest I really dont care as im based from my house so the only bills i have to pay are the ones i pay anyway, ive worked it out and i only really need 1 full time child or the equivelent to pay my bills anything else would just be a bonus. I just cant wait to start up on my own so just looking forward really. Ive already decided im telling the parents in april she can tell the parents what she likes at the end of the day its up to the parents where they want to take thier child no one else, hopefully at least a coupler will be happy to stay with me

[Blackcat]

DO NOT GIVE HER THE BOOKS !
cLOSE THE BANK ACCOUNT!

gET HER OUT OF YOUR HOUSE!

why does she want the business name???/ is she planning on using it as xxxx has moved to a new place?
be careful and tel the parents now so you can have contracts in place BEFORE the new tax year

[adele1985]

i really dont understand what would she gain if she had the bank account and books???? as far as I was concerned the books and account are in the business name we go halfs on everything so I dont get what the big deal is. Am i missing something??? does she know something I dont about the accout as it is a business joint account in both of our names.

[Ripeberry]

This is all so complicated. Why on earth did she not register her own home in the first place? You've been very accomodating letting her use your house, but now she is trying to take all the 'good' bits off of you
I'd be telling her to hop it and get registered like the rest of us.

[funemnx]

Have you considered hiring 1 or 2 new assistants and keeping all the children? At least for the time being?

[adele1985]

i have started the process to employ a new assistant but i honestly hope that all the children dont want to stay with me as at the minuet my house feels like a nursery and i really dont want it to be like that anymore ideally id like 3 or 4 full timers or the equivelent

[kindredspirits]

if the account is in both of your names i suggest you close it and open a new one with just you. i sort of agree with you, i don't see what the big deal is about the books and the bank account with regards to it all being rather worthless now - you need to keep business records for about 5 years for IR purposes so as the business was registered at your address it would make sense to keep them in your loft in case any correspondance ever comes to you regarding it, iywkim.

but if the accounts/books/business name are technically not worth any value then she should be buying your share of the car, or you keep the equivilent value of toys/equipment. It sounds like she's tried to convince you that you're getting something out of the deal by 'letting' you keep the business name and logo but in reality she gets what she wants which is a running car plus half of everything else.

[tulip0803]

She may want the accounts and bank account as ways of 'proving' that she is running a successful business. Banks want the accounts for loans and the length of time that you have held a bank account is also factored in. It looks to me like she wants them to gain credit for the business. Be careful if she is gaining credit against your business name and accounts.

If the accounts are for the business name that you are keping and at your address you need to keep hold of them for your own tax reasons. The tax man will come knocking on the registered business address.

[Mouse]

She may want the accounts and bank account as ways of 'proving' that she is running a successful business. Banks want the accounts for loans and the length of time that you have held a bank account is also factored in. It looks to me like she wants them to gain credit for the business. Be careful if she is gaining credit against your business name and accounts.

If the accounts are for the business name that you are keping and at your address you need to keep hold of them for your own tax reasons. The tax man will come knocking on the registered business address.

That's a good point. She may need to prove income for a loan, for renting somewhere etc, so will want the books. The problem is she'd be proving the income on a business that isn't going to exist anymore.

Is she actually registered as a childminder from her house or your house?

[adele1985]

shes always been registerd from my house. Surely she woudent be able to get a lloan againnst the business without me knowing about it as the business is registerd at my address and in both of our names. is that right?

Also not sure if anyone will be able to advise me, just woundering if she has any rights to the business, for example does she have the right to come into my home without my permission that sounds like a daft question but i did wounder as i think she thinks she has as my home is also the business which she is a partner in ?????

[kindredspirits]

no she has absolutely no right to enter your home without your permission. your home is not a business asset - it was not paid for in any part by the business and if she has keys to your house i would be asking for them back immediately.

[snufflepuff]

Your home is just that, your home. She has no right to come in to your home without your permission, it doesn't matter if you are running/ used to run a business together from the address.
You need to make sure you are getting your fair share out of this. If she keeps the car she either pays you (you as a business) half the value back or you get more resources to half the value of the car. I'd also close the joint account and open another in your own name. To be honest i'd think about coming up with a new business name/ logo- start afresh on your own, with no associations to this 'friend' of yours or the old business.

[Mouse]

If Ofsted registered at your house, why not suggest she gets registered at her own home until she gets business premises? Surely it wouldn't be much differnt to someone moving home & having to change their address.

Just a thought. As there are sometimes 4 of you working there (I think you said you 2 & 2 assistants) are you registered as childminders or as providing childcare on domestic premises? Will it make any difference when you change over to being by yourself?

[adele1985]

If Ofsted registered at your house, why not suggest she gets registered at her own home until she gets business premises? Surely it wouldn't be much differnt to someone moving home & having to change their address.

Just a thought. As there are sometimes 4 of you working there (I think you said you 2 & 2 assistants) are you registered as childminders or as providing childcare on domestic premises? Will it make any difference when you change over to being by yourself?

We do have 2 assistants but they are both part time there is only ever 3 of us working at the same time. We are both registerd as childminders in our own rights but from my home. To be honest i think im just going to stick it out untill May its only a few more months and to be honest I really coudent care a less if she has the car most of the rosurses are mine anyway and since we came to the disision to split ive been buying rosorses every week so my spare bedroom looks like a toy shop at the mo. I just want a new start all I really need to do is re decorate the room (which im going to do in the easter holidays) and put the new resourses in it. Im also thinking of a new logo and name for a total fresh start (what does everyone think of Little Ladybirds Childminding Service)

[Blackcat]

The name is fab xxxxxx
just be aware of where your 'friend ' is towards the end of the friendship, she sounds like she is trying to diddle you in more ways than one, if she needs the records photocopy them and give her the copy, if you give her the originals , you may have serious problems if the tax man comes knocking

[adele1985]

wont I need to keep all the books and finansial stuff here when we do go our own ways as the business in registerd at my address, or will she have equal rights to all the paperwork and books ????

[Blackcat]

wont I need to keep all the books and finansial stuff here when we do go our own ways as the business in registerd at my address, or will she have equal rights to all the paperwork and books ????

yes you need to keep them all for 5 yrs at your address as it is the reg premises for the business , if she wants them for what ever reason give her photocopies , if you give her the originals your not guaranteed to get them back off her