CM CLUB:Advice needed really quick please

[SweetSnowflake]

mindee who ahs give notice was due to leave in new year, as a good will gesture i said she could leave when i break up for christmas and not pay up the contract.

mum has just EMAILED me despite picking her dd up yesterday to say she has taken our contract into uni, and they have said that as her contract could be renewed anytime from november gone, she wasnt 'legally bound' to pay up ANY of the contract and as a result can i reduce her weekly payment significantly for the next 3 weeks!..she also said she would have asked had i not just taken on another mindee(who ISNT replacing her, he comes on days she didnt!)...for fecks sake!, where do i stand, have to do school run in 5 mins but am fuming now!...my soft side says reduce, but my side that pays my bills which dp and i have just been stressing about this morning says do nothing, but where DO i stand?..its an ncma contract, it just says suggested reveiw date november, i had to hange her contract last year to suit her anyway, and to make any changes wouldnt it be a 30 day minimum notice to change anything anyway???

HELP!

reduce her fee!! Is the mindee redusing her hours???????
If no reduction in hours then i would not reduce fee but give option of leaving straight away. Or present her with a new contract to sign!

Ummm. If the contract says 'suggested review date' then wtf is she on about? Until a new contract is signed, the old contract is still current.

(Happy for any legal people to tell me different btw!)

Sounds to me like she's p.o'ed with you for making her pay, (although you have bent the contract in her favour already!) and she's being egged on by people at uni.

God, you've worried me now. I have some who've not always done review of contract at right time (i.e. 'suggested' review time) because I don't always see them (i.e. I haven't seen either parent of 2 girls for a few weeks as au pair drops and collects). I think I ought to be tougher and INSIST if this means they can just break the bloomin contract - didn't know that!!!

Phew - Mo, that's what I thought!!

SS - phone NCMA and get advice!!

I can't believe she's being like this after you already let her off some of the payment!!

It is unlikely to be a fixed term contract in my view, thus it is on-going until either party terminates it following the termination procedure outlined in the contract.

As it is an NCMA contract, contact NCMA legal team for advice - 01253 777468... after all, free legal advice is a member benefit.

The contract is ongoing until ethier side give written notice (insert how many weeks). It is only eneded after that time, unless a new contracthas been signed.

Hi all thanks for the help, just checked her contract and it states that our reveiw date was may 07 but then ncma's note at bottom says:please note, this contract remains in forceuntil a new contract is agreed or until termination WITH notice is satisfactorilly completed"

just rang childcare co ordinators assistant and she say dont let her pay less, say no outright, list reasons eg: agreed contract, she knew terms when she decided to jack in etc..argh, why do I feel like the baddy here, am sooo peeved off with the cheek of this family!

oh and to an earleir reply, she has for the last two weeks brought her daughter less than full time(3-4 days instead) but doesnt let me know this, hasnt pre arranged this, just does it, then has rang at 10mins notice to say can i pick her dd up as shes not feeling well and then can i keep her later as shes out of town!)

Nick, the contract is with ncma from when i was member but as they put up my insurance i am now with morton michel.

ncma on that number are saying they 'wont' help as im not with them anymore and thatn i should ring M.M!
but its an ncma contract??????????

What a cheeky mare! Apart from anythng else she does, fancy not checking the contract fully first, before phoning you! Soppy moo!

She ain't got a leg to stand on basically! She was just chancing her luck, aided and abetted by her mates I reckon!

DO NOT let her get away with it, and don't you DARE feel like the baddie here! She'll be gone in 2 weeks and you won't need to see her again. P*iss her off as much as you like, at the end of the day, if she walks now, she still owes you the money.

but i cant enforce it can i?, if im not a member of ncma anymore???..am trying to get back in touch now as i didnt realise they wouldnt back you up even if you were using their contracts..legal team says £59 member ship?, is this right?, can i get it cheaper?

Do you think she's got the sense to argue with you though? Thing is, she obviously didn't look at the contract properly in the first place, or she'd have read the bit that says the contract still stands.

I think you should just explain to her, that you have already agreed to reduce the notice time for her, which you really didn't have to do, but you value her as a client and are happy to do that. You have also been as helpful as you possibly can in collecting her and holding on to her longer, at short notice, so its a two way street. You've helped her, so the least she can do is stick to the contract for another 2 or 3 weeks.

(Having a tiny dispute about give & take myself, today!)

This is what I would do:

I would tell the parent that your sorry they've been misinformed by the uni and she's welcome to seek a second opinion from a proper solicitor if she wants. But she is bound to pay the notice period just as you are bound to hold her place til the end of the notice period. Tell her you have already given her a reduction by not charging for the latter part of the notice period and you cannot afford to reduce any further. Tell her this "goodwill gesture" discount will only be given if she pays what she owes on the due date. Give her a bill for the full amount including the time due after christmas but add a note that goodwill discount of £x applies if payment made by [contracted pay date].

Sorry you didn't get any help from NCMA, its a wonder they sell anything at all. Did you ask them why they sell contracts to non-members if they can't discuss their product with you at all? Clearly you can't use their legal representation service and their helpline is for members. Tell them you don't want their legal represantation service, you just want product support. You've paid good money for their product and you appear to have a problem with their product. You just want clarification about their own product you've purchased. Don't they want you to consider rejoining or do they really want you to buy everything from MM in future?

You could try asking MM too, I've not bought anything from them yet but they still took time to write informative email reply to me.

thanks everyone, ill use some wording from those last two posts..as they sound better than the quick draft of email ive written, ill do it properly and send it onight!

whats up Mo?

Tiny thing really.

I've got a carol service withmy Rainbows tomorrow night and I have to meet my Rainbows at 6pm. I don't finish until 6.10 on Fridays, so I asked one of my Rainbow mums to stand in for me until I get there. She has phoned to say, shes really ill and can't make it. I asked this one mindee mum, if she could get someone else to pick him up just 20 mins early, since I just can't leave 15 5 & 6 year olds without enough parent/guider cover. (ratios and all that!)

She gave me a look and ummed and ahhed like I'd asked her to get a day off! Then she said, 'well, I could ask bf, but he's away until Friday, so I can't ask him till then!'

This woman has never once, in the two years I've minded for her, had to take any time off at all. I do sports day, concerts, the lot and she can't organise 20mins! I know his grandfather could collect him, so she's just gonna have to do me a favour. Thats the give & take, isn't it. 20 mins ffs - I could spit sometimes!

Going to the drs now, to sort out my high blood pressure - I wonder why eh?

Oh, card is painted and drying, It'll be in the post tomorrow or Saturday!

Aw bless you..and how unreasonable of mum!, you should have put the afternoon in as a hol with her, just to prove a point..you wont get paid, but im into point proving to inconsiderate people today!

and what makes me more , is that ive just been out and spent a small fortune on her dd as a leaving/christmas present!..and she wants ME to GIVE her a break!...shall i just go pick something off my money tree in the garden?..anyone need out while im there??

ok.....just sent to email to the mum, dp's version of it was very VERY harsh, ive toned it down but still got my point well and truely across..just wait and see what i have to do next now?..play happy families tomorrow or start proceedings with ncma to get the FULL notice period money from her???...dont like this one bit