Where do i stand

**little_gems** · 21-12-2009, 06:23 PM

i gave a parent notice last week. The father tunded up today saying he would only pay for days used and wouldn't be bringing the child during notice. I said thats fine but they still need to pay.
They said that the contracts don't stand up as they hadn't been dated and the child's name had been missed off the top.
I'm not with NCMA so i havent got anyone to contact
does anyone no where i stand??
thanks

**katickles** · 21-12-2009, 06:29 PM

Oh sorry to read this - but IMO The father is right

The contracts would have needed the child's details on.

**The Juggler** · 21-12-2009, 06:31 PM

Originally Posted by katickles

Oh sorry to read this - but IMO The father is right

The contracts would have needed the child's details on.

surely if the parents have signed and care was given for that child, there is some agreement to the notice period?? Are you with MM?

**little_gems** · 21-12-2009, 06:39 PM

yeah i am with MM. THe parents have signed every sheet and the child's name is just missing off the top of the page but parent has signed but hasnt dated it!!!

**nikim** · 21-12-2009, 06:47 PM

if they have signed it i thinks its irelevant wether or not the childs name is on it (but i may be wrong), and i am sure the same applys about the date as long as you can prove that you have looked after the child (attendence register) then i dont see how they can get out of it they have signed the contract and agreed with you the terms and conditions , i think he is just trying it on , you have legal back up from m&m so contact them for advice , good luck x

**little_gems** · 21-12-2009, 08:08 PM

well first thing tomorrow im going to ring them!!
i just can't believe it's come to this. i still dont really understand it! To say we were such good friends to this!
i dont even no how to tell my kids as they were best friends.
I've just got a horriable feeling that it could all get nasty and they phone Ofsted. My husband keeps saying ive done nothing wrong but they could just do it to be milisous. Really dont need this at this time of year!

**Blackhorse** · 21-12-2009, 08:11 PM

I hope you can get this sorted!!
Let us know how it goes when you phone them tomorrow.

also use it as a lesson learned...no matter who the people are make sure everything is signed, dated and filled in as required so you will never be in a situation like this again

Ofsted will know it is a malicious complaint if they are aware of the contract problems...maybe start keeping details of conversations with these parents etc in case you need it later.

**miffy** · 21-12-2009, 08:25 PM

Phone MM and ask their advice - from what I've heard from others on here they are pretty good

If you're worried that parents might make a malicious complaint you could ring Ofsted yourself and ask that your concerns are noted on your file.

Sounds like sour grapes on dad's part because you gave notice and he's just trying it on.

Good luck, hope you get it sorted

Miffy xx

**helenlc** · 21-12-2009, 09:19 PM

When I needed advice in the summer, I called MM and a representative from their legal team called me back within the hour and was very helpful.

Good luck and let us know how you get on.

**youarewhatyoueat** · 21-12-2009, 10:31 PM

I've got to be honest, is it worth the grief? Why did you give notice if they were friends, were they expecting it or did it come out of the blue?
If youve given notice and they want to finish asap I don't think you will have a leg to stand on so to speak, but good luck. I would ring for advice but if the contracts don't have a date on I think dad will be correct, when you sign you should also date it.

**The Juggler** · 22-12-2009, 08:32 AM

Originally Posted by nikim

if they have signed it i thinks its irelevant wether or not the childs name is on it (but i may be wrong), and i am sure the same applys about the date as long as you can prove that you have looked after the child (attendence register) then i dont see how they can get out of it they have signed the contract and agreed with you the terms and conditions , i think he is just trying it on , you have legal back up from m&m so contact them for advice , good luck x

absolutely, because if they've been paying you for example, since Sept, this shows that the care started then.

**little_gems** · 22-12-2009, 09:58 AM

we've been looking after the child since march!! I didnt want to giv e notice but felt i had no choice as they were dropping off early and late and we hadn't brought it up they did with remarkes about what time does our clock say as we cant tell the time. Then the mother was coming in with a face on her and not talking and just being rude. I rang for the mother to come round so we could sort it out and she didnt turn up. So i decied that it was best as i didnt want the atmosphere in the house with the children around.n The mpther then startedshouting at me outside the house so i left. I've just rang MM just got to wait for a reply now!!!

**angeldelight** · 22-12-2009, 10:01 AM

Originally Posted by little_gems

we've been looking after the child since march!! I didnt want to giv e notice but felt i had no choice as they were dropping off early and late and we hadn't brought it up they did with remarkes about what time does our clock say as we cant tell the time. Then the mother was coming in with a face on her and not talking and just being rude. I rang for the mother to come round so we could sort it out and she didnt turn up. So i decied that it was best as i didnt want the atmosphere in the house with the children around.n The mpther then startedshouting at me outside the house so i left. I've just rang MM just got to wait for a reply now!!!

Hope MM can give you some solid advice

Let us know

Angel xx

**little_gems** · 22-12-2009, 02:13 PM

MM rang back within an hour

very impressed. They have said that the contract is vaild as both parties have been adhearing to it for the past 9 months. So now i've writen a letter to parent and ive just got to send it them so will have to wait and see what happens now! Have a funny feeling this one could do all the way but i just wonder if its really worth it all???

**Erika** · 23-12-2009, 07:06 PM

Yes, it is valid. It's what is known as contract by custom and practice (also known as "implied" contract).

**beccas** · 23-12-2009, 08:16 PM

i had this with one of mine.. he even said do i realise how much it will cost me to take him to court.. i replied no i am with ncma and you used their contract so i am covered with my membership next day turned up with money...

**katickles** · 23-12-2009, 08:22 PM

Oh wow - thats great!!

Yes its worth it IMO as thats what the contracts for - to protect you both. Would serve dad right for telling you he's not paying!! I am sure if it were the other way round & you suddenly said you were no longer caring for their child he'd try & get something from you & using the contact!