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Paid childcare

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

Parent done a runner????

30 replies

agalch · 07/04/2006 15:09

Don't know if anyone can help.Started a child beg March,mum paid the monthly fee in advance as per the contract so all good.Was a little inconsistent bringing him eg letting his aunty have him a few times cos he was upset at being left(he's 3.5yrs).Was due to pay fees on Monday for the month of April and guess what? She didn't turn up with the child as arranged.Tried ringing her several times but no joy.Her sister phoned to say mum felt child not settling and was not bringing him back but mum would phone me after work.
Mum didn't phone so i called her at 8am(so i could be sure i got her in)and she agreed written notice had to be given and fees were due.Would phone me later to arrange a meeting.
Hasn't phoned and not answering her phone.Phoned SCMA advice line who advised leaving it till Monday and sending her a letter recorded delivery and refer her to contract etc.I have legal insurance to cover this,has anyone pursued a non-paying parent?Was it worth the hassle and did you get monies owed?
If i do pursue what would i put in the letter?
TIA

OP posts:
HellyBelly · 07/04/2006 15:11

Can't help with letter or experience as not happened to me but just wanted to ask if a settling in period was put into the contract? Not sure if you have this on yours, NCMA ones do.

HenniPenni · 07/04/2006 15:13

I pursued a non-paying parent who had "forgotten" about the terms of the contract. Yes I did get the money owing and I am glad i hassled her.HTH

agalch · 07/04/2006 15:20

No Hellybelly it was not in the contract,we both agreed to 4 weeks notice.I was only going to provide care till the end of June as i will be on maternity leave.The arrangement suited us both i thought as she was looking for someone till end June she said.She also said on the phone her sister would look after child until she decided whether ot not to give up work.

Thanks HenniPenni i will try to draft a letter and post it Monday morning.I feel uncomfortable about the situation but if i didn't want to continue the contract i would have given her the 4 weeks notice to find another childminder so i think i deserve the same courtesy.

OP posts:
nannynick · 07/04/2006 16:14

You can take it though Small Claims
\link{http://www.adviceguide.org.uk/n6w/scotland/your_rights/legal_system_scotland/small_claims_in_the_sheriff_court_scotland.htm#Whatisasmallclaim\Guide to Small Claims via Scotish Sherrif Court}
\link{http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.asp\Scotish: Sherrif Court: Small Claims Guidance}
\link{http://www.scotcourts.gov.uk/sheriff/fees/index.asp\Scotish Sherrif Court Fees} - looks like Small Claim of over £50, less than £750 would cost £39 to lodge claim.

Uwila · 07/04/2006 16:25

But, nannynick, she said it wasn't in the contract. So I'm not sure how far she get with court procedure. Probably best to give the diplomatic route her best shot. Legally,I don't think she can do much without it in the contract.

HellyBelly · 07/04/2006 16:38

She was saying no settling in period was in the contract therefore it was just the 4 week notice period as usual so she should be able to claim.

Nannynick - was just about to email you! Sorry I forgot to do this before (ages ago, I know) but I have finally put a link on my website to your website!! About time eh! Blush

agalch · 07/04/2006 16:41

Uwila

What i actually said was that a settling in period wasn't in the contract.The 4 week notice period was in the contract and that is what the problem is.
What is it you thought i hadn't put in the contract?
We both signed to say we didn't want a settling in period and we would both like the 4 week notice period to be effective immediatly.
NannyNick i have legal cover with the SCMA so it won't cost me a bean.I am decided to really chase her for the money,there are too many parents who think they can treat their minders/nannies like crap.I have since found out this has happened to 2 other minders i know.Will let you know when i get the cash from her Grin
Hope that makes it clear.

nanny

OP posts:
HellyBelly · 07/04/2006 16:42

Go for it! And good luck! :)

agalch · 07/04/2006 16:46

Thanks hellybelly

I will update you as any developments arise.Wink

OP posts:
nannynick · 07/04/2006 17:07

Before you can take court action, you will need to have tried to recover the debt though softer methods.

Business Link has some details about Debt and Debt Recovery.
\link{http://www.businesslink.gov.uk/debt\Business Link: Debt}

Clearly Business also has advice \link{http://www.clearlybusiness.com/legal_admin/ls_debt_recovery.jsp\Clearly Business: Debt Recovery}

Found some helpful information about Chasing Payments at \link{http://www.londonfreelance.org/feesguide/gelattxt.html\London Freelance}

\link{http://www.startups.co.uk/Collecting_payment.Yae4RN1oHWUGSg.html\Startups.com} also offers the following procedure to use when chasing payments:

The sale: Send out invoice
21 days: Send statement reminding payment due after 30 days
30 days: If not paid, send reminder statement, restating terms and pointing out payment is overdue
45 days: Send reminder
50 days: Stop supplies until paid
60 days: Send final reminder
90 days: Assign debt to collection agency

Clearly some of the things here won't apply directly, but the timescale probably does - so keep in touch as best you can with the debter sending out payment reminders, restating terms, until you get settlement, or at 90 days start proceedings to recover debt via court.

Uwila · 07/04/2006 17:42

Sorry sorry sorry. I thought you meant that the 4 week notice wasn't in the contract, but that you had verbally agreed it.

I obviously misread. Blush

agalch · 07/04/2006 17:48

Thanks Nannynick

I don't think i will have to do any legwork myself at all.The SCMA has said i only have to write one letter asking her to please pay the fees owed,i need to give her 2 weeks to do this and if there is no response i phone them back and the legal cover kicks in and the soliciters do what needs to be done.
Uwila no probsSmile,I have been doing this far too long to do business verbally but sadly it doesn't always protect you.
Just hope she pays up and i can forget it all.Don't want it dragging on through my mat leave.Sad

OP posts:
Tan1959 · 08/04/2006 02:47

Agalch: I am going through similar situation at the moment - parent signed Contract, stated I am her childcarer, placed child with friend with, it appears, the intention of pocketing all fees paid to her by Job Centre mmmmm! I am pursuing, it is a hassle I can do without but hopefully will be worth it when I get fees owed to me.

Good luck - clearly she owes you one month's fees.

agalch · 08/04/2006 07:53

Tan1959
You would think that after 10+ years of minding i'd have seen it all eh?People never cease to amaze me.I have never treated any mindees parent the way i have been treated.She lives 5 mins from me so no doubt i'll see her in the local asda etc.
Good luck with getting what you are owed too.I'm going to bump this when i have good newsWink

OP posts:
jambuttie · 08/04/2006 08:00

I aint a minder but think the job that "some" childminders is fantstic and it makes me mad that these said parents think they can treat you this way.

You go gitl, fight for your well deserved money, afterall if you worked for a company you wouldn't just let it lie would you?

Hope all works out for you hun think I feel so het up too as I live in the same town as you and it's nice to know there are nice people around supporting you.

Keep us updated

agalch · 08/04/2006 08:17

Thanks jambuttie for your support.This has happened to a couple of people i know and it probably happens more than i think it does.I just couldn't be dishonest in that way.I'll wait and see waht happens now.SadGoing away on hols next week and the money was some spends for my kids but hey ho!!

OP posts:
ssd · 08/04/2006 08:25

good luck agalch.

hope you get your money!

let us know will you?

agalch · 08/04/2006 08:59

Thanks ssd

will update as and when things happen.Am drafting a letter and will be at the post office when it opens on Monday morning!! Are you in Scotland too? If yes its worth taking out the legal cover offered by the scma.

OP posts:
ssd · 08/04/2006 09:06

I'm in Glasgow!

I was with the SCMA but now I get my insurance through Mortenmichel, this works out cheaper.

TBH I hardly childmind now, I found it too much stress for the money involved. I worried too much and let certain things wind me up to much, I think I'm not laid back enough about minding to make a success of it!

saltire · 08/04/2006 12:25

I purseued a parent who didn't pay. I was lucky though as she was military, and i got a lot of help, i will say though it took a while, because i had to give her the chance to pay, then i went to court to get her wages arrested. There were times i did feel like it wasn't worth it, but then i would think - no, the money is due me, so i will continue pursuing it.
Good Luck

agalch · 10/04/2006 11:06

Well thanks again everyone
I was at the post office this morning and sent my letter registered post and have given her until next Monday to pay fees owed in full.Have explained how much and why owed and referred her to her copy of the contract.Also said if fees are not paid in full on the 17th i would refer the matter to SCMA who would arrange a legal firm to recover monies owed.Just hope she pays the money cos it was for my hols next Tuesday.
Will update when anything happens.
It's my birthday and my mindee is on an unexpected day off as dad wanys to spend the day with her,lucky me!!!Grin

OP posts:
agalch · 27/04/2006 12:57

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

leah258 · 01/05/2006 11:20

hope someone can help, am currently using a childminder for my 14 month daughter but she doesn't play with her and leaves her sitting in a ball pond all day, also am being told that she wont eat for her but then comes home screaming for food??? i have found a new one is seems brilliant but the old one wants me to pay her 4 weeks notice but the thought of sending my child there for one more day brings me to tears. any suggestions???

bluejelly · 01/05/2006 11:30

Oh Leah you poor thing, must be so distressing. Don't send you child back to the bad childminder. How can she call herself a childminder if she doesn't play with your daughter?

Not sure what legal position is regarding having to pay her off, wonder if any other childminders have advice?

zoeuk1 · 01/05/2006 11:54

leah, it depends what you have in your contract. when you signed it , it should have how much notice you are required to give. if it says 4 weeks then im afraid that i think you may have to pay her for 4 weeks.

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