Problems with childminder - please help.

[Cleanerrates]

I hired a childminder beginning of June to look after my 2 dc aged 3 and 5, children had settled in ok, childminder seemed lovely and everything seemed to be going just fine until last Wednesday 18th she sent me a text in the morning, 45 minutes before I was supposed to drop dc off saying that another job opportunity had come up and she could no longer childmind my dc. I called her straight away and she just said sorry and she could give me names of other childminders I could contact, I asked her if really was quitting with immediate effect and she said yes, shell shocked the conversation ended there.
Now problem is there was never a written contract in place, she did mention we needed to draw one up and sign it and I did ask a couple of times when that was going to happen but it never materialised and I stupidly wasn’t firm enough with chasing her for it, this is my first experience of hiring a childminder so I was a bit naive.
I haven’t been able to go into work since she quit, my DH is a higher earner than me so doesn’t make sense for him to take time off work for me to go to work, my parents are elderly so I can’t rely on them for childcare, I’m literally stuck at the moment. Next contact i had with childminder was me texting asking to collect dc belongings and her agreeing to which I did last Friday, she ended up screaming at me saying I had been cold towards her in my text and she had tried to help by offering other childminder contacts, I said I hadn’t been rude to her but understandably I am annoyed as she didn’t give me any notice and I now can’t go into work, she shouted that I was on ‘probation’ so she didn’t have to give me notice and stormed back in her house.
I’ve now recived a message from childminder asking me to pay for Monday 16th and Tuesday 17th childcare. DH is fuming and said we are not to pay out of principle as I have now lost earnings due to her suddenly quitting, I’m a little more softer than DH and even though I am angry about the situation am thinking I should pay this incase she can take me to court or something plus she did have the dc those two days so morally we should pay? DH is adamant we are not paying it and if she puts in a claim then I am to counter claim for loss of earnings. Can anyone help with this mess of a situation please?

Depending who she is insured with (all childminders have to be insured), her insurance provider will probably take over the claim on her behalf. I know if you're insured with PACEY that their legal team will pursue unpaid fees via the small claims court, all you have to do is lodge the claim with the court and then pass the details to the insurer and they do the rest.

They do take into account details of any counter-claim by the parents but so long as PACEY believe that their own claim has a 51% chance of winning, they will pursue it.

The other main provider of childminder insurance is Morton Michel, odds are she will be insured with either these guys or PACEY, and they operate a similar policy.

Personally, OP, I'd try and reach a compromise with her rather than take it via the courts. You did use her services and, loss of earnings aside, have an obligation to pay for those services. If the court does rule that a contract was formed between you then you could be considered in breech of it due to your refusal to pay, in which case your loss of earnings claim would be dismissed. I'd look at either reaching an agreement between the two of you or utilising the court mediation service.

Shirtballs - the claim hasn’t come from either of those insurers, she made the claim herself through the gov.uk site - does that she’s likely to not have insurance?

Ime pacey and Mm take a lot longer to get anywhere with claims and often have not pursued the case past letters.

Did you tell her you would counter claim? I wouldn't give in, she's an unprofessional pisstaker.

She will definitely have insurance if she's Ofsted registered, it's a condition of registration and they inform Ofsted if you let it lapse.

I've had to make a claim once for non-payment, I had to open the claim myself (which will be what she's done on the gov.uk website) and then pass all the details over to my insurer (which was PACEY).

The court prefers it if you try mediation too before pressing ahead with the claim unless there are very good reasons why you wouldn't be able to use the mediation service. In my case the parent didn't turn up for the mediation session so my insurer was able to say we tried to reach an agreement but the parent wouldn't engage, which went in my favour.

Op make a post about this on the legal forum (or ask for the thread to be moved - by reporting it) there is some really sound lawyers on there who will help you.

I suspect you have a valid counter claim as her actions has cost you money However I am not legally trained.

Hi, we're moving this thread over to our Legal Matters topic at the OP's request.

I’m so sorry to hijack but would be so grateful if someone in the know could tell me whether to get ofsted registered in the childcare registry (not early years) a particular first aid course is required or would an NCT 2 hour general paediatric course be sufficient? I’d like to sign my nanny up but unsure and can’t find clarity

I’d pay her if she has done the work
Then you aren’t in the wrong and free to slate her as you wish and earn other parents . If you haven’t paid her then she will use this against you and will detract from what she has done here .

Did she have the kids for the two days she is claiming?!?

Yes she did have them

OP - you had a verbal contract, which is just as enforceable as a written one. The terms were you pay her at her daily rates, and 28 days notice either side. Whilst you owe her for the two days, she owes you for your loss of earnings (after deducting what her fees would have been) and any additional higher costs you've had to incur getting provision elsewhere in that 28 day period.

She's also jumped the gun in issuing against you. You must file your defence on time or she'll get judgment in default. She should have sent a protocol-compliant letter before action. As she didn't she should be disallowed her costs.

Collaborate - thanks for your reply. She did send me a text asking for payment, she has also put on the claim form that she has sent a letter to my home address requesting payment by recorded letter though I have not recieved this yet. Is this the same as a protocol - compliant letter? Sorry I am not clued up on these things.

Ok I accept I owe her for the two days and will pay her this. I will put in my own claim for loss of earnings.

Pay her
Get rid
Block
Attack another time where it hurts

Sorry what do you mean attack another time where it hurts?

She's obviously experienced at this isn't she? Wow. Bet she's got a formal side business in extortion going.

I think you have to pay her for the two days then but then sue her 100% for the loss of earnings for not giving you notice.

What I mean by attack another time is reviews of her , recommendations , social media inform parents what she did . Parents will think twice about using her id be fair now and get rid and wait

Ah ok thank you, yes I will be doing just that.

that text was not protocol compliant. Nowhere near it. Google "pre-action protocol letter"

I think I would pay the money you owe her then put in a claim yourself for 8 days loss of earnings plus the cost of the holiday club for the remainder of the month she should have given notice on less the cost of what you would have paid her had she worked those days.
If you had a verbal agreement then this is binding, the problem is you can't prove it.

A contract does not have to be in writing to be legally enforceable (unless it relates to the sale of land). Your contract was for the childminder to provide childcare and for both parties to give a month's notice.

You should send a letter using a template like this one:
www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

You can then file a claim. The Which website is useful for this kind of issue, as is the Moneysavingexpert forum. I would counterclaim if I were you, as you have suffered a genuine financial loss due to her not following the verbal contract that you both agreed to. Good luck.