Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Flip

Original poster

CM says we owe her money...

16 replies

bluepapermonkey · 19/04/2011 18:27

DD2 is ending full days with CM we have been with for five years (first DD1, then both DDs). As contract for full days ending CM rang me to say because we'd paid in advance we didn't owe her anything for April. this conversation was some weeks ago, back in March. She instigated it. It came out of the blue. I have always paid her in full and in time.

I turned up to pick DD1 up today (it's her last full day tomorrow) and CM says i do owe her for the whole of April (£120/week) and she made a mistake.

I'm furious. CM is a good businesswoman and took leave to do jury service even though it took her over her five weeks leave - but she made sure the leave she'll take over the five week mark is when DDs are after school care only - so she'll loose less money IF i challenge her on taking too many weeks. I haven't done so as doesn't seem worth it but we both know she's being cheeky. Now this.

I've spent the money on playhouse for DDs. I don't have another pot of money. What can I do?! What is reasonable/legal? Right now i feel like telling her to stuff it and just not going back - but that would be a breach of contract (not that she's given us a new contract for DD2 after school hours) and baffling for the children who know and love and trust her.

OP posts:

prettybird · 19/04/2011 18:33

It's an obvious question, but what does your contract say regarding notice?

When you say "it came out of the blue", what did you think you were due to pay?

scurryfunge · 19/04/2011 18:33

Ask her to clarify why she believes you owe her -surely the contract is explicit?

Not sure about the jury service comment - she won't have much of a choice about the length of it.

mercibucket · 19/04/2011 18:38

re jury service - she hasn't got a choice about that surely? it must be annoying to have to use up your holiday leave to go on jury service

as for the rest of it, tell her you've spent the money based on what she previously told you and ask her to explain why she's changed her mind about money being owed. then if she's right, try to come to an arrangement to pay over a number of months perhaps instead? or at least to wait til next payday

you've had all 3 kids with her, it's a relationship worth trying not to fall out over if pos. what a shame this has happened now. I don't suppose you remember if you started off paying in advance or paid any kind of 'deposit' when you first started with her?

Original poster

bluepapermonkey · 19/04/2011 18:39

the contract says i pay in advance on 1st of month and have to give eight weeks notice.

i expected to pay her for April and never had a problem with it. only have a problem now cos 1. she said i didn't need to pay her 2. i've spent the money.

infact, according to the notes i scribbled when i spoke to her she said she owed me £40 and suggested a week break between contracts to even this out (while she'd be on holiday).

i no longer have any idea of rights and wrongs just feel she can't tell me one thing, wait for weeks and then shrug her shoulders, say she made a mistake and expect me to find a bunch of money.

OP posts:

prettybird · 19/04/2011 18:42

Re the jury service (although it's been some years since the last time I did it), I am sure she can claim for loss of income up to a certain amount - not sure how much.

Original poster

bluepapermonkey · 19/04/2011 18:44

it is such a shame at this stage and really don't want to fall out with her but she's taking the piss!

the jury service is annoying because she's taken more than 5 weeks holiday but is assuming no-one will add it up and challenge her (i have added it up but haven't challenged her).

tbh when she rang about the not paying in april thing i assumed she'd clocked that i knew she was taking extra leave paid for by me and this was a way of meeting me half way without anyone losing face or having a confrontation) . i pay her 5 weeks holiday and for after school care i pay her 50% of her rate during school holidays (when she does not have children, obviously).

starting to think i just can't afford her!

OP posts:

Pesha · 19/04/2011 19:02

Do you pay her full fee for her hols? What about your holiday, do you pay anything for that? TBH if its in your contract that you pay her for 5 weeks holiday then I would refuse to pay her for any more than that and I agree that she is taking the piss in expecting you to.

Half fee in school hols is very common and perfectly reasonable, she cannot fill your dcs place for the school holidays so is reasonable to charge a retainer to hold it.

As for saying you don't need to pay and then changing her mind, I can understand that it is annoying but did you not think to double check? It was her fault but she is only human and we do all make mistakes sometimes. If it were me and I expected to have to pay someone I had a good, long standing relationship with and was told I didn't need to I would double check and if I found it to be a mistake I would point it out to them, you were quuick enough to check her on the holiday entitlement when it went against you!

However I would explain to her that you have now spent the money and offer to pay her next month or in instalments, whatever you can afford. It was her mistake so would be unreasonable of her not to accept that.

slovenlydotcom · 19/04/2011 19:05

I would say that the verbal contract she made with you on the phone overrides any previous written one, then personally would offer her a part payment but I don't think you are obliged to

Original poster

bluepapermonkey · 19/04/2011 19:23

yes pay full fee for both her hols and our hols - which never coincide but that's fine, don't mind that at all. don't begrudge her hols.

i did think it was odd and did challenge it at the time but thought she was meeting me half way on the extra leave thing. clearly i was wrong! but yes, am annoyed at myself as well.

OP posts:

HavePatience · 19/04/2011 21:10

If the contract says you pay in advance, then surely you paid on 1st April already for this month?

I don't know why, but I do not understand the whole 5 week holiday/jury service thing (I thought jury service was mandatory and unpredictable how long it will take?). Has she already taken more than 5 weeks holiday this year and your contract says you pay for 5 weeks? I wouldn't go into that contract, tbh, but that's not relevant here.

HavePatience · 19/04/2011 21:14

I think if she is taking more than 5 weeks, you should point this out, and calculate how much you think should be paid instead (according to contract) and ask her if those calculations are correct? And if not, please let you know where you have made an error? You can do this nicely.

RumourOfAHurricane · 19/04/2011 21:28

This reply has been deleted

Message withdrawn

Strix · 19/04/2011 22:20

You pay for 10 weeks of hols when her services aren't required?
I can see paying when you go on hol, or even half and half, but not paying full whack for both.

I would call her on the extra holiday if she really wants you to pay the full notice.

Eight weeks is a lot of notice, but then you did sign up to it.

HavePatience · 19/04/2011 22:21

Oh, ok. Have reread. She told you in march that you were clear for April.
In that case, you probably should have double checked. But it's not on for her to tell you one thing and then another. Can you see if, since she was in error as well, you could pay her next month? Just since you don't have the money right now?

pippin26 · 20/04/2011 12:01

Its a bit confusing really.

Notice (written?) was served in March
and as you pay in advance you would have paid for March already and then you would have paid for April yes?
So if care finishes today (?) then how on earth can you owe anything. The notice period has been served, used and presumably paid for - yes?

I would ask her to write down in detail what she is on about.

You say there is an 8 week notice period if that is so, then presuming that notice was served for instance on the 1st March then the notice period would effectively end on 26th April. so you would pay (and use the service) up till then......

as to the jury service - yes its mandatory and you cannot control how long you serve on it.. however childminders can be exempted due to several families potentially having to find childcare. I have been exempted once as a childminder and once as a breastfeeding mother. I know several minders who have been exempted too.

Original poster

bluepapermonkey · 20/04/2011 15:31

thanks for all comments - it is confusing but i'm going to ask her nicely - to jot down what she thinks i owe and tackle it next time i see her (she's on leave next week) as i won't see her today. dh will take her flowers as she's always been great with kids and a good cm (if not v clear business woman!) she'd have got a bigger bunch but apparently i have a lot of money to find...

OP posts:

Flip