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

CM club- have any of you ever had to take a non payer to the small claims court?

12 replies

smeeinit · 19/04/2008 09:28

and if so what was the outcome and how would i go about doing it?!

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aGalChangedHerName · 19/04/2008 09:31

I am in Scotland and have insurance through SCMA which covers non payers etc.

Got bugger all back tho cos she gave up her job and the sheriff officers said there was nothing of value to sell in her house/no car etc.

I still see her around and she smirks and pulls faces. Silly cow!!

smeeinit · 19/04/2008 09:35

arr maybe the NCMA cover it then....its only a small amount but they are not getting away with free childcare!

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aGalChangedHerName · 19/04/2008 13:42

Yeah ask NCMA but don't hold your breath on getting the money back!!

I know lots of people who haven't got a penny

The parent i had owed me £400+ and i guess she had a great time spending it eh?

tulip31 · 19/04/2008 14:54

One of my parents left owing £600. I went to small claims, they got a ccj and I got nothing except receipts to put through my books!

1dilemma · 19/04/2008 14:59

SLightly off topic my nursery has been busy taking non payers to small claims court/debt collectors etc best we've got is t have large debt paid off at about £1 a month. It's a joke.
(It'a a combination of being poorly run +some people setting out to cheat eg signing dcs up, taking them out after 1 week but keeping all the tax credits and refusing to pay)

nannynick · 19/04/2008 15:19

I've been involved with a case that went to court, in previous work in a non-childcare job. It was over several thousand being owed, but I don't think the result was all that worth while... as others have said, court may say that the debt can be repaid in small amounts over a long period of time.

Think the best thing is to try not to let parents build up much debt in the first place. Start refusing to provide care quicker - I can't see why you can't refuse to provide care if the parents haven't paid. If the parents feel that such action is unjust, let them have the hassle of taking you to court, rather than you having the hassle of taking them to court. Clearly if your contract is such that the parents have to pay in advance, it is easier to refuse care for non-payment.

So if the amount owed is small, I'd suggest you immediately terminate contract based on non-payment. Getting the money back will not be easy, so concentrate on filling the vacancy.

aGalChangedHerName · 19/04/2008 15:25

Oh forgot to say the mum who owed me money came for 4 weeks and i did get the 1st months fees up front. She got my registration number for the WFTC and then left.

She got her sister to look after her son and raked in the WFTC for months after that. I know because my friend's related to her and told me to phone the WFTC and report her which i did. Didn't help tho as they said it was nothing to do with me

ayla99 · 19/04/2008 16:09

The NCMA can provide legal advice and representation but they won't represent you unless you used one of their contracts. And it doesn't guarantee you'll get your money back.

Courts have decided arrangements as ridiculous as £1 a week, I'm told!

If you're not an NCMA member or didn't use their contract think this is what you need, AFTER you have taken all possible steps to recover the money yourself. Make sure you have copies of all the invoices, reminders, letters and emails you have sent to back up your claim.

www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm

www.thisismoney.co.uk/consumer/article.html?in_article_id=417663&in_page_id=5

smeeinit · 19/04/2008 21:56

thanks people.
Nick, it is a small amount,i wont let a big amount build up..........new clients and non payment in the first week and week after so i got rid quick!
idiots!

they will not get away with not paying though, im prepared to go all the way with it until i get payment,im not a charity,im a buisness!

OP posts:
1dilemma · 19/04/2008 23:49

Quite shocking about the WFTC told the nursery they weren't interested by all accounts and presumably they just keep on paying it?!
Nothing like remembering it's not their money

vInTaGeVioLeT · 20/04/2008 09:58

i would agree with Nick here - don't let debt build up - i am paid weekly on last day of minding and if they don't pay by the next time they need me i won't take the child. So the most i would lose would be a weeks pay - having said that i've never had to implement it so i'm all talk!!

shoshe · 20/04/2008 10:10

I got caught years ago, with not being paid when I charged in arrears (I was a single parent then and it really hit me hard)

So when I started up again 10 years ago, I decided that I would get paid a month in advance (all my parents are monthly paid, so monthly was the best way to pay me, I would take weekly in advance if needed.)

I did take pity on one family who said that they couldnt pay in advance, so I said I would take it at the end of the month, as Mum was going back to work.

They didnt pay me. Should have known better.

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