Childminder owed a LOT of money, advice required regarding the courts

warehouse

I'll try to keep this as short as possible.

My Wife is an Ofsted registered Childminder. This time last year my Wife was owed over £1000 by a parent, (a long long story and some hum dingers out of the excuse book that would stagger you). My Wife's insurance people, (Morton Michel), took up the case, but eventually had to advise her to drop it because the parent was out of a job and had no possessions worth selling to her name. We took it on the chin and my Wife took it as a lesson learned, which has led her to only take payment in advance from that point from other parents.

On to today. Another local childminder advised my Wife that this same lady was now advertising on a childminding website for a local childminder to look after her child. She posted that she needs a childminder now that she has a full time job again. It's the same lady that owes my Wife the money. Luckily the local childminders are a tight group, and none of them will take her on whilst she owes the money. Whilst I was happy to let this go last year, seeing this today made my blood boil, and I am simply determined to get this lady to pay her due one way or another.

My Wife will be ringing Morton Michel for advice in the morning, but the real reason for this post is to ask if anyone has gone through the court system themselves to bring someone to task for money owed? We have all the information necessary to prove this lady owes an exact amount, plus every text message and excuse she ever sent to back it up. I am happy to go the court route ourselves if need be, but she will not be walking away from her debt, (I hope).

Any advice is very welcome.

AnnaLicious_2

I've done it whilst working in a childcare setting. I just filed online. I never had to send in any proof as no one ever contested it. I would have just sent in invoices and a statement of account showing no payments. However no one ever contested. So after 30 days I would file for a default judgement online. Then it was letters threating baliffs and that route. I probably reclaimed... oh 20%? It was just about sending a message that we wouldn't put up with it.
Some childminders have 1 week policies - pay in one week or refuse to take the child. Some give up to 2 weeks, with a 10% late payment fee. It sounds harsh, but some people really mess around their childcare providors when they're short of money. Hope that helped?

DevilsAdvocate1

Slightly different situation, but a group of my husband's friends were owed £1000. They took him to the small claims court and won, but did not receive a penny. The person concerned still did not pay it back.

D.

a_confused_mum

how did you get on?

I thought normally MM would pay the cm {your wife} and then recover the fees from parent?

x

jo1967

Did the insurance people take her to court? Have you got judgment against the parent that can be enforced?

If not go to Money Claim Online & issue a summons yourself, its fairly easy to do & quite straight forward. If she doesnt object then you can enter judgment against her (this is the point CCJ's pop up on credit searches etc). You may be happy just to cause he problems with an unpaid CCJ sitting on her credit record but if you want to enforce you can do an attachment of earnings (fee £100 added to debt) send the bailiff (for £1000 go for high court enforcement) or get a charge on her property.

If she replies to the summons & objects then you will end up in front of a judge (informal) & as you say you have lots of evidence present it neatly, precisley & you shouldnt have too much trouble.

It all depends how far you want to go - I'm a credit controller I go to the bitter end lol!! Happy to help if you want any other info! But definately check out with your insurance company if they will continue.

My sister was a CM & took 2 people to court herself (when I say herself that includes me lol!!) & was successful.

Good Luck

paddy's_mum

Is there any reason why you can't write a polite letter to the lady reminding her of the outstanding money and asking for her suggestions as to how this debt might be repaid?

At the very worst, she'll be aware that others are keeping half an eye on her doings and that she hasn't been able to engineer forgetfulness and her silence or response on the matter might make up your mind for you whether to take further action or not.

On the other hand, she may just feel backed into enough of a corner to offer you £5 a week for however long it takes to repay the debt.

It does sound as though she got herself into a deep hole in terms of debt but give her credit for getting herself back into full time work and at least trying to help herself. Some plausible but bone idle benefit scroungers would do well to take a leaf out of her book!

RAS

What you have never explained is whether this case went to court? Or not?

Do you have a CCJ? or not?

Or were you unable to enforce the CCJ?