12 day cooling off period??? Can someone help???

[samwalks]

I am a child minder and therefore write up my own contracts. I have recently taken on a boy who I have only had for one week and his mother has verbally given me the one months notice stated in the contract she done this on Monday and still hasn't given me written notice) as she has decided she wants him to go to nursery. She has now advised me today that she won't be giving the full months notice because all contracts have a '12 day cooling off period'. Is this right? I am aware that if for example I have bought a phone contract that if decide I don't want it then I have 12 days to decide this and advise the company that I no longer want it. But this is always on the contract even if its in small print but because I do not have this on my contract which she has signed. does this 'cooling off period apply for every single contract??? Please help!!

[missspeedy23]

I'm not 100% but I thought that you only had a cooling off period if you approach them first, rather than the other way around - like coldcallers.

http://www.businesslink.gov.uk/bdotg/action/de tail?type=RESOURCES&itemId=1073792577

[buildersmate]

You are in the right, but it's a shame you haven't got anything in writing 'cos it is going to make taking her to the Small Claims Court harder.
Suggest you try and do a compromise deal with her, under the threat of you will take her to the Count Court.
The way I try and stop people doing this to me is to send them an email 'Confirming our conversation earlier today, we have agreed that I take on your little brat, at one month's notice, at a daily rate of �2.50p. Please sign and return the copy of the contract I gave as soon as possible'.

[Jugglering]

Not all contracts have a 12 day cooling off period.. it depends on the contract and what has been agreed! Mind you, are you really sure you want this particular *awkward sod of a mother* on your list ? If she is this fussy after only one week, imagine what she would be like after a month.... you'd not only be undertaking child care but also nursing care and foodstuffs, not even mentioning new uniform provision etc etc.. I feel a bit sorry for the wee lad, with a mother like that !

[buildersmate]

No, Jugg, sam probably doesn't - sam just wants the money for a breach of verbal contract.

[pink-kittens]

Do you not use the ones issued by NCMA? Yellow and pink ones? If you are actually writing your own contracts which I may have misinterpreted, you are opening yourself up for all sorts.

As far as I can remember within the first 4 weeks, or during the settling in period then the parent can withdraw their child with no notice at all and as you have only had him for a week, I would suggest that is part of the settling in period so the um is within her rights to take her child away form your care with no notice, or short notice, which is what she has done. Nor does she have to give you written notice within this period of time, although it would have been polite to do so

[Jugglering]

ah.. ok, thanks buildersmate... I guess when it's your own business it's nice to get it right !

[pink-kittens]

For the record a registered childminder is usually a member of the NCMA and as such is insured via them with Royal Sun Alliance. If a minder ever has problems getting money out of a parent, then the NCMA can and do get involved in getting the minders owed monies, the minder doesn't have to take anyone to court

[samwalks]

Thanks everyone for your answers! Its not just a verbal agreement we've got its a written contract. Hopefully I'll get it sorted. Thanks again!!

[pink-kittens]

See number 7. on page 1 of 3 - it tells you there your parent has no need to give notice during a recommended settling in period

[buildersmate]

The lady says she writes her own contracts. I'm answering on that basis. If she is using a template prepared by the professional body (which I know nothing about and you obviously do, PK) then you obviously know what is written in the small print.

[pink-kittens]

Morning BM
I really think Sam will not get any monies she feels is owed from the parent (and considering Sam has not answered some questions I haver raised) as from what I can read here, this is what is known as the settling in period covered under section 7 on page 1 of the contracts sam SHOULD be using.

Sam if you reply to questions asked people may be able to help you out a little more

[terambulan]

Following on from BuildersM contract.....add, 'No returns till full payment met' similar to cars being repaired.....

If the cost is less than �100 no point in Court (cost you more in time etc). Put a brick thru her car windscreen/nail in tyre/paint on bodywork (unobtrusively, of course)!

[buildersmate]

Hmm, still all very quiet on the 'original questioner' front. I wonder where she went to.

[pink-kittens]

Just to add as well (it was early this morning and I forgot)
Childminding contracts have a 4 week cooling off period for both parties so this 12 day nonsense does not apply

Also, less than �100 or not, childminders are covered and I don't know of a case yet that has been lost a minder/NCMA. The �100 limit is really irrelevant as far is this, and any other minding case is concerned