Dispute with childminder- know of an experienced solicitor in London?

[LucyLu10]

My old childminder told me that she couldn't manage my child any more and clearly couldn't so I removed her immediately because she was obviously distressed. Unfortunately the law is on her side because she has the paper work and I don't have any paper evidence to support what happened and what she said to me. Has anyone been through anything similar and can recommend a solicitor experienced in these cases in London? Will I ever be able to trust anyone again? It's particularly difficult because I'm pregnant again and won't be able to afford nursery fees for two children.

My old childminder told me that she couldn't manage my child and she clearly couldn't so I removed my daughter immediately because she was obviously distressed. Unfortunately she has the law on her side becasue she has the right paper work and I don't have any evidence to support what happened and what she said to me. Has anyone been through anything similar and can recommend an experienced solicitor in London? Feeling really let down and confused. How could I have been so wrong about someone?

So what's the problem - that you didn't give notice? Is it not going to cost you more to pay a solicitor than to pay the notice period?

Yes-that I didn't give notice and no it wouldn't cost more to pay a solicitor as it is a large sum of money. Obviously if I lost the court case I would have to pay more.

OK.
Sorry, no, I don't know a solicitor. How much notice did she have to give you? Surely by telling you she can't cope, that is as good as rescinding the contract? I would say that you have a good case and I hope someone is able to recommend a solicitor for you.

surely she didn't fulfil her part of the contract as she couldn't care for your child

I think you should let it go-it will probably end up costing you a lot. At least go to the Citizen's Advice Bureau and get some advice first.

The way i see it is that if she said to you "I can't manage your child any more" then she was effectively saying she was ending the contract. You should have a copy of the contract, and it should say in it how much notice she has to give you

Surely it was her that terminated the contract?

Has she taken you to court / small claims court for the money?

How much is it and what does it represent? One monthjs childminding? Or more??

But, by telling you she couldnt cope, the CM gave you notice, right?

Lawyers fees in London are around £250 per hour, last time I saw one. It must be a lot of money for it to be worth going to court over.

Is your childminder actually taking legal action against you? If they are, is it through small claims court (typically used for claims of less than £5,000), or is the sum involved higher than they will permit?
If you need legal help, then I suggest posting over on the Legal board, as there are some mumsnetter lawyers out there, who may be able to assist you.
From what you have said so far, it sounds as though the CM terminated the contract verbally. But if you are saying that the CM is not making a claim against you... then what are they claiming, that they didn't give you verbal notice?

I would call her bluff. If she has to spend time in court to get any money from you she will surely lose money and upset all her other clients whom she won't be available to mind on those days.

You could always produce a letter giving her notice and say you handed it to her. Then it will be your word against hers. And she won't have the upper hand of written proof. This would be very dishonest, but so is what she is doing.

There's no point paying a lawyer if you don't have the paperwork to show him/her - you won't be able to get anything other than general advice. In which case you may as well go to the CAB.

You don't say how much money it is. I assume less than £20k? So you'd be in the small claims court - even if you win you won't be able to get her to pay your lawyer's fees. If you are able to be calm and relatively dispassionate when arguing your case, then you should be ok representing yourself in the small claims, which is designed for cases without lawyers anyway. As part of the legal process your CM would need to produce the contract between you, as this is relevant to her defence. At that point you can go to a solicitor and be told whether it's worth carrying on to the trial or dropping it.

And your word against hers? One of you will be more credible in front of the judge. That will be relevant to whether you get your money back or not.

If you forge evidence, as another poster has suggested, your body language in court will tend to show that you are not comfortable with your statement that you did really send that letter. This really undermines the credibility of all that you say in court. I don't think it's a good idea, myself.

Okay, I wasn't seriously suggesting she lie in court. Was just making a point that the childminder is not exactly being fair and honest here.

So did she say, 'I can't handle your child, so leave now' or did she say,'I can't handle your child and therefore I am giving notice?' (Or words to that effect, obviously!) And did you then say, 'OK, I'll leave now'

I don't really understand the situation - did she try to give you notice but you decided to leave immediately and now she wants notice money from you? Or did she refuse to have your child anymore?

Thanks for messages. Have posted in the legal section too. Can you tell I'm new at this? Childminder will most likely take me to County Court as it won't cost her anything due to her NCMA union fees. She will have a solicitor with her too. Unfortunately I asked her to put it in writing because she kept saying different things to me and I was confused about what she was actually saying. That is why the law is on her side. Who would really leave their toddler with a childminder for another month when she says she can't cope as well as other stuff? The legal aid solicitor said I would probably look like an emotional mother who took offence to comments about my child. Because you only have a limited time with CAB solicitors (they are kindly doing it for free)I'm not sure there was enough time to explain everything to them and for them to think of a good defence. Anyway, would appreciate advice from anyone who's been through anything similar and/or know of a solicitor.

Lucy, you still haven't really made clear what happened so I think people are finding it difficult to know what to advise? Are you saying that she told you she couldn't cope with your child but was giving you a month's notice during which time she would continue to childmind or did she say she couldn't cope and ask you to remove your child immediately?

Hi there - am a newbie round here!

I am a CM and I am not to sure that I totally understand your post Lucylu.

After your CM saying she couldn't cope with your child what did she actually say or do then, what was your reaction? what actual discussion took place from there?
By the sounds of it you removed your child there and then (please forgive me if I have assumed this wrongly), in which case I would have said you would be in breach of the contract, not having gone through the notice period.

Is your CM charging you in lieu of the notice period? What are you considering a solicitor for?

Lucy -

Can you tell us point by point what actually happened?

1.What is the background - age of child, how long with CM, any knowledge that you had that there might be a problem.

1. Exactly what the CM said to you about your child, and what you did in response

1. What she now wants from you

1. What your contract says in terms of notice etc.

Someone will be able to help, buit you need to be specific and factual.