Advice please - non-payment.

**kellywestie** · 31-08-2009, 11:18 PM

Hi all, sorry this might be a long one but please read on! - looking for some advice on where to take this next. I have been looking after H for 2 years. Last year he started Nursery Class at school, mornings only and I had him afternoons and school hols, along with his older brother.

In Jan. '09 I was offered a job at the school, mornings only, which I took, Mum was fine. After Easter I was asked to work school hours 9 - 3 and after talking to Mum and she was more than happy, contracts were changed and signed, H stayed at school and went to playgroup (which is held at school) and then came home with me and picked up around 4.30ish. We agreed that as Mum not picking him up from playgroup, she would pay me and I would pay them for his hours. This arrangement worked fine until we broke up for the hols. H had not been in school due to a health problem for the last couple of days before finishing for summer, I paid playgroup for the hours he had been there, brought home his work from school as would be having him in hols and spoke to Mum on the Sunday - she said she was off sick from work and would keep the boys at home but would pop round in the next week to pay me the money she owed and sort things out.

I should point out at this point that in June I had given notice in writing to cease contract as of 1st September as H would be at school full time and I needed to cut back on numbers in school hols (have 3 others + own DS). Mum had been fine (she is going to be off on maternity leave from around Oct/Nov) - but you can guess what is coming next - she never turned up as she said she would, I have rung home and mobile, texted her, e-mailed her and even tried her at her work but have heard nothing. I e-mailed her to say we were away on holiday 14-28th Aug. and if she didn't want to see me, to put an envelope through the letter box but nothing again when we got home. I am really at a loss as to what has gone wrong as up to now she has been great, I said if the money was a problem to talk to me asap to try to sort something out but still nothing.

What would you all do? If H comes to school when we start back on Wed. I may see her then (but that could be really awkward), do I write to her, but as she has not replied to any of my previous attempts to contact her would I be wasting my time? Would you contact the Inland Revenue - I know they pay her childcare costs because they contacted me a while back and wanted to know how much she had paid me and how much she would be paying me in the future (when hours changed) - let them know that the contract has now ceased and inform them I haven't been paid for the last 7 weeks (she will have had the money)? What would you do about payment for the 6 weeks hols. when both boys should have been here but she kept them home
(over £1k, 4 weeks full pay + 2 wks half pay for my hols) - would you forget about that and just try and get the money I actually worked for and paid playgroup (almost £300)?

I really hate this situation, I am feeling sick just typing it all now - wish I had a crystal ball to see where this is going! Hope you can give me some advice -sorry it's so long but I needed to get it off my chest.

**christine e** · 01-09-2009, 06:46 AM

Oh that was long!

Are you a member of NCMA?, if so, perhaps you should contact them for advice as this seems a bit complicated to me.

Sorry can't be of more help but hope this bumps you up and someone else comes along with advice.

Cx

**Tired** · 01-09-2009, 06:50 AM

So let me get this straight... you have not had her children since the end of term, she was supposed to send them all summer (except your 2 weeks holiday), but she hasn't sent them at all.

Why did they not come between end of term (end of july) and your holiday on 14th Aug? Are they due today?

Sounds really odd.
I agrees, she seems to owe you for the whole holiday, if that is what is in your contract.
I personally would give her until the beginning of school. You never know, she might give you the money on the first day when she sees you there.

If not, then I would write a letter giving her a set amount of time to pay, and that if you have not heard from her by xx date (i suggest 28 days) you will take further action.

hope that helps, but this seems a really odd one, seeing as you have never had any problems with her in the past.

**LittleMissSparkles** · 01-09-2009, 06:54 AM

I would do her a letter outlining everything and all monies due and state that if it is not paid by a certain date you will have to proceed with court proceeding for the small claims court, dont forget your fees for playschool that you payed for either, £1k is a hell of alot of money to right off hunnie, I certainly wouldnt, that would pay for my new play room to be done out for example, good luck xxx

**margimum** · 01-09-2009, 06:56 AM

If I was looking at your post from a parents view, I would probably say that as you had given notice form September as you could not cover school holidays I was doing you a favour by finishing early and therefore would not expect to pay.
Not much help I know, sorry.
No time now to cover other parts of post, but I will look later with interest

**kellywestie** · 01-09-2009, 08:07 AM

Originally Posted by margimum

If I was looking at your post from a parents view, I would probably say that as you had given notice form September as you could not cover school holidays I was doing you a favour by finishing early and therefore would not expect to pay.
Not much help I know, sorry.
No time now to cover other parts of post, but I will look later with interest

When I gave notice, back in June, I stated in the letter that I would be able to have the children for this summer holiday and by giving so much notice I hoped it would give plenty of time to sort out arrangements for October Half-Term onwards (by which time Mum will probably be on maternity leave).

Thanks for replies so far, the reason the boys didn't come for the 4 weeks before by holiday is that when I spoke to her on 19th July and she said she was coming round the next week with money, she said she had been signed off work sick for 3 weeks so would keep the boys with her (when this has happened in the past, she has always paid me - no problems at all).

Hopefully, as Tired says, it may be sorted out if she sees me at school in the next couple of days - trying to be positive but very unsettling!

**haribo** · 01-09-2009, 08:19 AM

it sound as though she decided , as she didnt need you because she was signed off , she didnt wannt to pay any more money and is hoping you will let it go . not fair on you at all i would phone ncma for advice if your a member . good luck x

**kindredspirits** · 01-09-2009, 11:42 AM

Put another letter through her door (if they don't answer) stating that all fees are due within 2 weeks - give a date - OR you will be contacting your insurance company and WILL take her to court for all outstanding fees and she will also be liable for court costs - make the letter friendly but very clear on your actions so she doesn't think she can worm out of it. Its bad enough that she hasn't paid you for your hours let alone landing you with her sons playgroup fees as well.

if she doesn't contact you within the 2 week period contact NCMA or MM(whoever you're with) and get the ball rolling.

**kellym3** · 01-09-2009, 11:54 AM

good advice above i would write another letter then if nothing ring ncma or who ever you with.

**youarewhatyoueat** · 01-09-2009, 12:08 PM

I can't beleive you paid her playgroup fees, lesson to all, Don't ever do that.
If I was you I would make it very clear you need reimbursing firstly for the playgroup fees and then go for any other money you think you are owed but to be honest the children didn't come in the holidays so it looks more like she ended the agreement early.