WIBU to cancel childcare?

[JesusDontWantMeForASunbeam]

I'm prepared for a flaming but here goes:

I'm a childminder and have my friends preschooler full time and her older DC in holidays.
First week of the holidays was fine- all paid up. Second week was paid on two parts- 1 at end of week and 1 at start. Slightly inconvenient but doable.
The next week the dcs were off on the Monday fees are due. Text my friend at lunchtime asking her to let me know please when fees were paid in to my account. 4 hours later I get a text saying she can't afford them. I replied that I couldn't provide care without fees as the fees cover the DCs food, trips etc. They didn't show up for that week. I text her on the Friday as I felt bad saying that if she paid a contribution each week until her money was sorted then they could come.

She paid £50 on the Monday and that was it. Fees are £300 ish. I emailed on the Wednesday stating what was outstanding e.g 2 weeks fees minus £50 and what was due (1 week half fees as they are away this week). As well as stating that a payment needs to be made every week to bring it up to date by end of September. No response to my email.
No fees have been paid today. I've messaged her asking but it's sat on delivered not read yet she's been online off and on all day.

WIBU to just email again stating that unless everything is up to date by Friday then I will be cancelling the contract and going down the legal route to recover monies owed? I'm pissed off at having to chase money. There's been no apology at all over lateness of fees or even the fact that they haven't been paid and she's ignoring any messages to do with them.

Apologies as it's long. I'm just torn between knowing what it's like when you're strapped for cash and feeling like a mug as she's done this to every childcare provider she's ever had.

I will be cancelling the contract.

As of today, I hope.

You don't need to give her notice to stop providing childcare services, she hasn't paid for last months childcare. Check your contracts but Greentulips letter is excellent.

She owes you nearly a £1000 and YOU feel bad to chase it ?? Please do not accept her children again and definitely pursue it via small claims... (You would have filled those places other children /paying parents!)

You're not a mug for trusting someone you counted as a friend; she's just a nasty thief who took advantage of your good nature.

You've done the right thing, now be guided by your insurance company and follow their advice to the letter.
I'm so sorry this has happened to you and I hope you get your payments

I would either hand her the termination letter or post/put it through her door. Email can be denied/deleted.
I would not continue to have them running up £175 a week! Wow what a poss take.

I would say terminate as of today. However if you feel you should give notice, it is on the basis that the kids are paid for before she leaves at drop off. No payment no childcare that day. Warn her of this plan and check your bank that morning/when she claimed she has paid as otherwise the payment will 'dissapear'. I have seen nurseries etc do this - sometimes you have to!

My contract has immediate termination if fees are unpaid for 10 days. Does yours have anything similar? I would stop care immediately and chase her for outstanding money through the small claims court. I assume you have a proper contract with her? I hope so!
Also I think the 21 days letter needs to be a proper letter, not an email or text in order to stand up in court (even if it doesn't have to be I would, to make it more formal)

Also - if you have concerns about their Dad's place and what they are exposed to there you have a responsibility to report it to your safeguarding team.

She doesn't open her post if she thinks it's a bill. I have a reply on email to the 21 days so hopefully it's proof enough she's read it!

Contract states that if payment is not received within 5 days of the agreed day (Monday) than I can refuse care but fees will still be charged.

I'm going to deal with the termination letter later this evening. I'm waiting for a call from my DM as she's at the hospital later having emergency tests on her bowels and I just don't have the headspace to deal with the fallout over fees if DM gets bad news yet.

Hope your mum is ok, and I'd send the letter by post as well (signed for?) so that your claim against her is not refused on a technicality.

Oh that's a good idea. I'll get that posted tomorrow.

Thank you.

I find sending letters in bright colour envelopes like the ones that come with birthday cards a good way to get someone to open their post.

I'm sorry you are having to worry about late fees on top of worrying about your dms health.
To those saying never look after friends dcs, I have based the last 11 years of being a cm on looking after friends children. I have always had at least one family friend on my books and have never had any issue at all.
Op, if you don't want to drop your friend completely in it with no childcare (which I understand although don't recommend) can you do it on a daily basis, she has to pay you for the day, plus an extra payment (even just a couple of pounds) towards the debt and only then let the girls in for the day. I would keep advertising and if someone else comes along and wants the space, tell the friend you are no longer available. I think in this situation you would be justified in doing that. She has already broken the contract by not paying so you wouldn't need to have any bad feeling about it.
In future, all payments in advance in the 1st of the month (or whatever) and no care until payment is made, meaning you won't get in this situation again.

Have you thought of contacting the other people she's scammed? It might be useful. At the very least they might be able to tell you if she is getting money meant for childcare and then you would know the money was there, even if it wasn't coming to you.

It could also help you decide how far to take it as if she's been paid childcare fees then you have more chance of finally getting it back.

My DH was a childminder up until recently and he was screwed over regarding money, also a so called friend. He was owed £600. We are in Scotland and he had insurance through the Scottish Childminding Association who provided a solicitor for him. It has taken a year believe it or not (including parent ignoring 6 solicitor letters) but it went to court, my DH won his case and we got £300 cheque month and another one this month as they arrested her wages. It hasnt cost us a single penny as he had insurance. Good luck!

Send the letter signed for - and tracked only a few pounds extra

Take photos of the letter envelope and signed for document etc

I'm hoping that my insurance will cover it. The man I spoke to earlier said it might but he didn't have access to my policy at that moment. It just utterly annoys me that she's done this.

Send it with proof of delivery not signed for as the recipient can refuse to sign for it.

Then you can prove it was delivered. Up to her if she opens it or not. Good luck.

The one other thing that concerns me, is if you suspect she is leaving her DC with their father in premises unsuitable for children - then you really should notify Social services of this concern as part of your safeguarding. I don't know what they would do if anything (but they are also unlikely to support a father having residency when living in such an unsuitable place).

Good point sabbath84

I've notified them already but there's other concerns I have that I could do with sharing with them. Will do that tonight as well.

She has to settle the outstanding debt in full before you take her child full time.
Fees must be paid in full in advance or you don't take the child.

No payment - court for her & you advertise the place to fill it.

I would give the notice and advertise the space. You know deep down that they are never going to repay the £1,000 arrears and they are going to expect that you will provide fulltime childcare for £50

I agree with the safeguarding - you have a duty of care towards the children - not your friend