Help with child care situation

[sxturbo]

final draught of letter

Dear xx,

Thank you for your letter of Termination on Friday 3rd April 2020, suggesting end of service date 10th May 2020. Having taken advice on the matter, I am reminded that clause 26 of the contract requires only a minimum 2 weeks Notice. We are happy to accept your Service Termination on that basis and confirm the contract end date of 17th April 2020 (2 weeks from 3rd April 2020). By my calculation I have payment credit on account of £366.68 calculated as:



2 weeks = 8 days work (care provided Monday to Thursday)



80% of Monthly fee agreed (due to Covid-19) and paid in advance = £424 (£35.33 per day)



8 working days = £282.64, however week 2 of notice period annual leave has been booked and not cancelled, childcare is not charged for annual leave, with this in mind only 4 working days are to be charged for.



4 working days = £141.32



Deposit paid at beginning of contract December 2017 = £84.00



Summary: £424 + 84 = £508 - £141.32 = £366.68 owed





Please ensure this is transferred to:



Account Number: xxx



Sort Code: xxx



no later than 7 days of receipt of this letter.





We thank you for your service.





Regards

 

[motorbiking]

Receipt of letter is a vague deadline.

my suggestion gives her plenty of time to consider her options and allows the heat to cool. By all means pick an earlier date. It could be 14 days from the date of the letter for example.

wrt the leave calculation. I vaguely recall holiday could not be included from reading your contract.

there is no need to post signed for. It can be emailed

 

[sxturbo]

Receipt of letter is a vague deadline.

my suggestion gives her plenty of time to consider her options and allows the heat to cool. By all means pick an earlier date. It could be 14 days from the date of the letter for example.

wrt the leave calculation. I vaguely recall holiday could not be included from reading your contract.

there is no need to post signed for. It can be emailed

the wording is "such notice must not be given during a period of the registered childminders time off or where no fee has been given for time off".

this doesnt say it cant be included, just that it cannot be given.

She's had plenty of time to consider her options, she's been planning this for weeks and thinks she can hide behind her terms and conditions.

 

[motorbiking]

fine - but don't use "receipt of letter" its a rookie error, which no lawyer drafting a letter would make. This is all about her thinking you have got someone in the know to validate your claim.

 

[sxturbo]

fine - but don't use "receipt of letter" its a rookie error, which no lawyer drafting a letter would make. This is all about her thinking you have got someone in the know to validate your claim.

Thanks for your help, i'm waiting for a neighbour to print the letter and leave it on doorstep for me to collect.

the childminder is not tech savvy and doesn't do emails, certainly in that she rarely reads them, so i need to send it as a letter

 

[sxturbo]

ok so a bit of an update,

received this through the post just after lunch, and she is right i missed the statement of 5 weeks notice, as i only read the terms and conditions and not the rest of the contract so this is all on me.

She references me being abusive, this was far from the case, when i was trying to have a reasonable discussion with her her husband wouldnt let me talk and kept talking over me. so i did get annoyed and said and i quote "it's a fu**ing ****take what you're doing to us", at this point i realised i was getting irate and said thank you and walked off. this was not abusive what so ever, and was the only time i swore.

 

[Harry Bloomfield]

I remain confused as to whether the childminder or your wife terminated the contract?

If a contract is terminated and requires notice, then you would expect that notice to be a worked notice - irrespective of which party terminated. You seem to be suggesting that the minder terminated the contract and with unworked notice remaining - you mentioned she was changing careers. If is the case, then see the childminder in court.

 

[sxturbo]

I remain confused as to whether the childminder or your wife terminated the contract?

If a contract is terminated and requires notice, then you would expect that notice to be a worked notice - irrespective of which party terminated. You seem to be suggesting that the minder terminated the contract and with unworked notice remaining - you mentioned she was changing careers. If is the case, then see the childminder in court.

The childminder is terminating the contract.

However due to covid-19 we are unable to send our son there for care.

 

[EddieM]

I suppose you need to weigh up the amount you feel you are owed against the amount of stress/hassle this is causing you and your family. Fully understand circumstances may alter the priority of this issue.

 

[sxturbo]

I suppose you need to weigh up the amount you feel you are owed against the amount of stress/hassle this is causing you and your family. Fully understand circumstances may alter the priority of this issue.

I'm up for the fight just because I don't like to be done over. However my wife has asked me to not pursue as she doesn't want the hassle.

So I will now leave it, it just pains me to think that she thinks she got one over us.

 

[EddieM]

I'm up for the fight just because I don't like to be done over. However my wife has asked me to not pursue as she doesn't want the hassle.

So I will now leave it, it just pains me to think that she thinks she got one over us.

I can understand that of course, but I'm sure, obs if you're not desperate for the money, harmony in the household is worth more, I do fully understand your frustration though, no one likes to feel "done over".

 

[Harry Bloomfield]

I'm up for the fight just because I don't like to be done over. However my wife has asked me to not pursue as she doesn't want the hassle.

So I will now leave it, it just pains me to think that she thinks she got one over us.

You could take the middle option, of calling his bluff and let him start a claim against you for the remainder, then make a counter-claim for what you think you are due as a refund for the unworked notice period.

 

[sxturbo]

I can understand that of course, but I'm sure, obs if you're not desperate for the money, harmony in the household is worth more, I do fully understand your frustration though, no one likes to feel "done over".

Yeah I'm not going to pursue it.

I will just need to word the letter in the correct way so they know I'm not just rolling over.

 

[Mottie]

Ah, the joys of employing people. I’m glad I don’t have that aggro anymore. Wipe your mouth, walk away and forget it is my advice. At the end of the day it’s only money and there’s much more important things to be worrying about.

 

[sxturbo]

any chance someone can just give this a quick read before i print it and pack it off (my final letter to the witch)

There is many errors in your letter and information, and the paragraph detailing verbal abuse is frankly laughable and we suggest you research the meaning of such before slinging these sorts of accusations around. We wish to waste no further time on you or this matter. It has nothing to do with you threatening to take this further (we were well prepared to take this further) nor charge us for further fees, but simply we do not need the money. Our time is more important to spend elsewhere than arguing with you. You clearly need the money and are desperate to stoop to levels unforeseen to keep it.

Therefore we accept your offer of leaving things as they are, and fully accept your “one time goodwill offer” as detailed in your letter.

Lastly as is our right under data protection, we wish all records and social media posts involving ourselves and our son be deleted and removed within 14 days from the date of this letter.