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Things are getting nasty any CM with advice please ?

(21 Posts)
happyfaceschildcare Tue 07-Oct-08 17:22:18

I had a problem with one of my parents not paying me, I feel I have been pretty reasonable I'd asked for payment in advance but her mum died as the children started in my care so I was trying to give them more time to pay but as soon as they were up to date for September they started messing me about again so I am now a week into October and haven't received any payment for last week or this week so I've slipped back into arrears with them and they just wont stump up any money no matter how polite I am being with them so today I told them that I wouldn't be able to have their 2 kids back in my care untill I'd received the money they owe me and a week in advance and they've started getting all funny with me hating confrontation as I do I told them that it was because of insurance reasons lol don't know why but I fealt guilty like I was letting them down even tho they are the ones not paying me ? now they are sending me sh*y text messages and threatening to call ofsted and ncma on me not that I have anything to hide because I have never done anything wrong it's just a nightmare ! do you think I'm within my rights to say sod it and cut my losses and never have them back or if they do come up with the money (which I doubt) do I have to take them back ? I did draft up a letter giving them notice saying that if they did come up with the money I'm happy to work my 4 weeks notice as contracted and if I didn't hear from them within a week I'd advertise my vacancies as immediate start but does this sound to harsh to soft or what ? I'd just much rather try and get a new family that are going to pay me - it's the children I feel sorry for they are so lovely and really stuck in the middle.

SmugColditz Tue 07-Oct-08 17:23:22

good god, I'm not a childminder, but I say sack 'em. Surely they have breached contract?

southernbelle77 Tue 07-Oct-08 17:28:39

If they are not paying you according to the contract, then you are well within your rights to give them notice. And if they don't stump up the money you are owed, then you don't have to have them back.

I think I'd give notice as things don't seem to be getting any better. If they call ofsted and the ncma they will soon find out it's the parents with the problem, not you! They get many calls which are unfounded when things go pear shaped, so I wouldn't worry.

Good luck.

Ripeberry Tue 07-Oct-08 17:30:51

Bumping this for you as i'm not sure how you stand.
I'm not sure if Ofsted help out with fees and payment as that's something you would have to do with NCMA legal dept (if it comes to that).
Also not sure if you can just refuse to have the children, but i do know that you can give them NOTICE in writting and then canx contract, but you can't just stop minding them.
This is going to be my nightmare scenario when i start to childmind. I've already decided there are a couple of famillies i won't mind for as they have not paid people and pre-schools right left and center and they get a bit violent with it angry.
My old childminder had to write off £800 once as the parent did not pay up and in the end she had to terminate contract as the mindee kept swearing non-stop and he was only 2yrs old sad
Hope you get it sorted soon.

TheConfusedofthedeadOne Tue 07-Oct-08 17:39:17

I have it in my contract that payment is a month in advance.

I charge £5.00 per day late payment.

If no payment by the 7th of the month I terminate contract with immediate effect, as the parent has broken the contract, by none payment.

(but must admit only have had to use it once.)

TheConfusedofthedeadOne Tue 07-Oct-08 17:40:07

BTW Ofsted are not interested in contractual disputes, so they will get no where with contacting them.

lisad123 Tue 07-Oct-08 17:43:12

sack them, i always pay my CM when o say i will. if i forget i do it asap. I wouldnt want them back and think you are within rights to end contract with immedinate effect.

MOrticiaAdams Tue 07-Oct-08 17:46:12

I assume you have signed and they have signed a contract stating how monies are to be paid? If so, as long as you are working to that agreement, they don't have a leg to stand on. Its very easy for a client to start spouting about contacting MCNA or Ofsted, but as someone else said, Ofsted aren't interested in pay desputes, so don't worry about that one. If they are quoting NCMA, I imagine you are using their contracts, since its not a company that a client would necessarily know. I think you first need to double check your contract with them, tomake sure its clear what the terms are and then quote them back to them!

I dont think you are being unreasonable to give them notice, but be careful about suggesting that no contact within a week, means you will advertise the space. That isn't per the contract. Send the letter though, just without the immediate start bit.

BoysAreLikeDogs Tue 07-Oct-08 17:48:40

(like your name, Mo)

yes, give notice, the professional relationship ahs broken down.

Good luck

Twiglett Tue 07-Oct-08 17:48:48

as long as your drafted letter includes the fact that they still owe you monies and that you will also take payment for the notice period unless you secure a new charge and when you expect payment by then send it

and don't hesitate to take them to court

looneytune Tue 07-Oct-08 18:52:55

Sorry you are having to deal with this. As far as I've always been aware, if they are breaching the contract then you don't have to serve NOTICE and can terminate with immediate effect??? Is that not true?? If an NCMA member, I'd call them for advice before sending any letter.

Let us know what they say.

dustystar Tue 07-Oct-08 19:02:25

If they have signed a contract agreeing to paying in advance then they are in breach of contract and I'm pretty sure that you can terminate the contract straight away. Like the others said thought I think you should check with the NCMA legal team if you are a member.

Do you have a late payement policy? If not then this might be the time to introduce one and get all parents to sign it.

happyfaceschildcare Tue 07-Oct-08 19:03:18

Hi all,
Thanks for your help and support nice to know I'm not in the wrong here - yes I am a NCMA member I have tried contacting them but just got an answer phone to leave a message which I did, I do use ncma contracts and I do have a policy to state that I charge a late payment fee, the only reason I was putting in the letter that I would advertise an immediate vacancy if I did not hear from them is that I know they are not going to pay me in advance a months notice if I am not having their children till they settle what they owe they're just going to not bother to settle up and not bring them back so I'd rather fill my vacancies but like you say they are in breach of the contract so maybe I can terminate with immediate effect I will just have to wait for ncma to get back to me to find out where I stand.
Thanks again everyone x

beforesunrise Tue 07-Oct-08 19:10:29

sack them, and go after them for the money they owe you. you can take them to small claims court, i am sure that they'll cough up once they receive the notice.

mumoverseas Wed 08-Oct-08 08:02:02

hi happyfaces, sorry this is still ongoing, I'd hoped you'd have sorted this by now. (You obviously didn't kick her arse hard enough!)
they are trouble, get rid of them. Terminate immediately, as I'm aware from your other thread, they have been arsing you around for weeks and you've been asking and asking for payment. You are not being unreasonable, you are running a business for gods sake, not a charity!
terminate now and what are they going to do about it? sue you? no chance,at the end of the day, they have ignored your repeated requests for payment and are now sending abusive texts and threatening you. That has totally undermined your business relationship and you therefore cannot continue working for them. Advertise immediately and take on a child with parents that will pay. If they get shitty(er!) threaten to report them to the police for harassment (obviously you won't really do this but just threaten it and see how they like being threatened).
p.s. if I was in the UK and lived near Kent I'd get you to look after my 2 year old and my new one when it arrives! Really hard to get good help here! nannies are really cheap but not good! (a lot got sacked in the summer as the company found out that most of them were moonlighting as prostitutes!) - not really want I want for my daughter!

happyfaceschildcare Wed 08-Oct-08 10:39:13

omg mumoverseas where do you live (overseas obviously!) ? know I'm desperate for money with these non payers but that's one career route I don't want to explore !!!
my email address stay in touch won't you would love to know if it's a boy or a girl ;o) xx

mumoverseas Wed 08-Oct-08 11:13:24

I'm in Saudi Arabia happyfaces. Most of the nannies here are filipino/thai and there is a real shortage now (following deportation of most of them!)I wasn't suggesting you add soliciting to your cv!
so have you kicked arse yet?
I'm back to the UK for 6 weeks next month and if you want I'll go round and kick arse for you! Will drop you a line on email to see how you are getting on! x

LunaFairy Wed 08-Oct-08 14:07:43

I wouldn't hold back - give them immediate notice. I've had to do this before for non paying parents. I can't afford to run my business as a charity. I wouldn't dream of expecting free childcare and pay up when I feel like it! This is a huge problem amongst lots of cms I know. The parent gets paid on time from their jobs and benefits! It amazes me how a parent/carer who are bad payers don't have the respect to pay their childcare provider on time. I hope you get your money and fill your vacanies soon.

It's such a shame this happens to so many of us. I'm so careful with who I take on now. Best of luck.

changingsoon Wed 08-Oct-08 21:55:48

as long as you have copies of contracts, invoicies etc. make sure you keep allthe texts. get rid and call ncma. they are taking the pee and dont have a leg to stand on. dont worry.

itgetseasier Wed 08-Oct-08 22:07:38

Give them notice asap. This kind of behaviour makes me angry. Move

JenniPenni Thu 09-Oct-08 09:17:31

I am not sure how late/non paying parents expect you to be able to afford to buy the food to feed their child/ren??? Beggars belief

I hope NCMA help you asap.

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