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Late payment question

(26 Posts)
TheOtherMaryPoppins Fri 10-Oct-08 14:44:59

I have a parent who hasn't paid for 3 days. I have left messages and she hasn't contacted me. Late fees will be applied.

In my bumph I have it written that if payment is 3 days or over late then no care will be given until payment is cleared.
I am due to care for her child over the weekend, and for obvious reasons really don't feel like doing it now! angry

Can I legally do this though? or will it bite me on the bum?

coolj Fri 10-Oct-08 15:20:11

If I were you I would stick to my guns and do not care for the child over the weekend and text them to this effect.

How would they like it if their employer paid them whenever they felt like it but expected them to work.

We are a business not pushovers angry.Once you let them get away with it they expect to do it whenever it suits. Ive been there, done that and wouldnt do it again!

Good luck grin

geraldinetheluckygoat Fri 10-Oct-08 15:27:01

yes stick to your guns, you will feel better about it if you do. Wish i could take my own adcice, I always seem to let people get away with it, then feel really annoyed afterwards! I was strict last time i had a late payment, and got the money once I put my foot down, so felt quite pleased with myself grin

BoysAreLikeRabidDogs Fri 10-Oct-08 15:29:33

Seems harsh but refuse care until payment received.

Even if you have to say 'no' on the doorstep in the morning.

I would leave a message/text/email today to that effect.

A horrid situation to be in.

Good luck.

geraldinetheluckygoat Fri 10-Oct-08 16:08:53

Yes it is horrible, really really stressful, and leaves YOU feeling guilty for some reason. But you shouldn't, they should just blimmin pay on time!!!!

TheOtherMaryPoppins Fri 10-Oct-08 16:56:14

SO I am ok to do this legally then? It's not on the contract, just in my T&Cs which are seperate but they do sign a form to say received and agree to them ( will dig out her file just to double check I do actually have this!!)

MOrticiaAdams Fri 10-Oct-08 16:58:00

If she's signed it, she's agreed to it. Doesn't matter whether its on the contract on not, its on the T&C's and she signed it! Good luck.

BoysAreLikeRabidDogs Fri 10-Oct-08 16:58:24


You cannot be expected to provide care if the terms and conditions of the contract have been broken.

Dig out the paperwork.


MOrticiaAdams Fri 10-Oct-08 17:05:33

Ju, do us a favour! Since you are such a wizz on the links now wink Can you join Physcios thread about her car accident and do that Snoopy dance thing you posted for Kbear last night! I don't know how!blush Can't remember what it was called, but I'm on it!

Sorry for hijack - as you were! grin

BoysAreLikeRabidDogs Fri 10-Oct-08 17:06:36

On my way !!!

MOrticiaAdams Fri 10-Oct-08 17:08:25

Thanls love! Its Here!

TheOtherMaryPoppins Fri 10-Oct-08 18:05:27

ok double checked and it's there in her file signed as agreed to abide by my policies and terms etc etc. Will text her inthe morning as that'll be 3 full days then

nannynick Fri 10-Oct-08 18:57:39

Text her a reminder tonight, saying that "Payment of £x is late and is required in the morning before care can be provided. Please confirm that you understand this."

That way at least then when they turn up in the morning, they can't say they were not aware, as they with luck will have texted you back saying that they do understand your previous message to them.

Are these a constant late payer, or usually very reliable?

TheOtherMaryPoppins Fri 10-Oct-08 19:05:25

Yes think I'll do that, she's not due till 4.30pm anyway, still unsure if this is legal though, I post on and on other posts similar to this one they say that this can't be done as it would be me breaching contract or something, but surely X has breached the contract by not paying?? How can I breach a breached contract?

I don't want to leave myself at a loss though if I give notice and she effs off without paying or serving notice and it goes to court ( which it would, no question angry )

TheOtherMaryPoppins Fri 10-Oct-08 19:07:54

I'm in Scotland if that makes any difference, thought I should add

TheOtherMaryPoppins Sat 11-Oct-08 18:26:16

She turned up.

No money on her but I felt I had no choice but to accept the little one in I'm too soft but seriously what do you do when they are on doorstep??

Took her aside into kitchen and said my piece, she clamied to have forgotten she said she'd bring the fees round on Wednesday ( yes between phoning me at 3pm and walking PAST MY HOUSE literally at 4.30pm!!) and not to have reiceved any of my texts, yeah right, told her I get delivery reports so ffs to that one!! She had no explanation for why she couldn't have brought fees round on her two days off ( we live 5 mins apart)

I made her swear that she would bring the cash on pick up at 10pm tonight, if he does not I would no longer care for child until it is paid, also told her I was seriously contemplating giving her notice. AT which point she welled up and was ll oh I am so sorry I won't do it again I've been on time all the while ( well no she hasn't she did this same thing before when I was away at family for the week which I reminded her of!!)

98% decided to write notice letter now. It's not just fees, I want my evenings and weekends back and to be able to go out and to be able to relax and to be able to go to training. Plus it's too much now I have others fulltime mon -fri and working 8am till 10pm some days. I physically and mentally cannot do it now.

TheOtherMaryPoppins Sat 11-Oct-08 18:26:48

cash including £5 per day late fees that is.

ImnotMamaGbutsheLovesMe Sat 11-Oct-08 18:29:48

TBH if you do give in again I can see her taking you for a ride.

Give her notice. It isn't worth it and why on earth does anyone need childcare at 10pm?

BoysAreLikeRabidDogs Sat 11-Oct-08 18:30:10

It does seem that your business relationship has broken down.

Give notice, and move on.

You would not have been unreasonable to refuse care today because of the non-payment of fees.

TheOtherMaryPoppins Sat 11-Oct-08 19:20:40

She works shifts and sometimes late till 10pm, there are people who work later than the average 5pm in the world.

I know I was soft, but seriously would you honestly have said no go away?

I won;t be making any more allowances no, I think you are correct in saying it's broken down ( on my part at least!!)

geraldinetheluckygoat Sat 11-Oct-08 20:10:07

Its very hard to turn away at the door, I have never done it, am soft like you! But then you feel really really annoyed that you didnt do it, so you can't win really...
Give notice, working till ten pm on a weekend when you are already doing full time in the week is a nightmare, particularly as we dont get much of a break when we are working.
Good luck with whatever you decide smile

Oh, and shock @ saying she would pay on WEDNESDAY!! Seriously taking the piss!!

TheOtherMaryPoppins Mon 13-Oct-08 09:17:45

I've just prepared my notice letter which I will drop in to her this evening as she's on a day off.

Wish me luck! Oh and yes she did bring her payment and the late fees on sat night. Wouldn't look at me though. Nor yesterday, relationship well and truly gone!

Thanks for letting me sound off

geraldinetheluckygoat Mon 13-Oct-08 14:47:30

pah! Wouldnt look at you, what do these people expect?! I think that some people forget that this is your business, not a hobby! I think you have done the right thing, best of luck with dropping off the letter! smile

SimpleAsABC Tue 14-Oct-08 11:32:56

How did it go?

Where abouts in Scotland are you mary?

pinky51 Tue 28-Oct-08 12:56:41

just a word of warning, I am in a dispute with parents over loss of earnings due to notice period shananigans, ring ncma helpline before you do anything, I reacted on emotion and have got stung big time, I feel violated but legally the parents will come through this better off with my money due to 2 days where I refused to look after their child, it has escalated and is very nasty, your parent doesnt sound like mine but I wish someone had told me before I got into this about the legalities of contracts and issuing notice etc. Best of luck anyway and Ihope all works out for you.

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