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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44887
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My nursery have called to say we have been underpaying them

Customer Question

My nursery have called to say we have been underpaying them for over a year and now owe £2,100 but hav not advised of an underpayment previously what can we do
Submitted: 10 months ago.
Category: UK Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you agree you have underpaid them?

Customer: replied 10 months ago.
our daughter went 4 days and we amended to 5 days 15 months ago but were told there was nothing we needed to do and assumed they would change the payment
Customer: replied 10 months ago.
After checking does not look like the payments were increased but we have never been contacted previously
Expert:  Ben Jones replied 10 months ago.

If you increased the days you sent your child to nursery then your payments should have increased too. The fact that it never happened does not absolve you from your liability to pay them for the shortfall – you have after all still used their services without the appropriate payment. So legally they can pursue you for this money. However, as it was their error that they did not amend the payments, you should not be forced to pay it all back at once or in large chunks. You should be able to negotiate a repayment method which does not place you in a difficult financial position, so a periodic repayment which you can afford over time. Try to negotiate a mutually agreeable repayment plan if you can. If that is not possible then all that is opened to them is to take you to the small claims court but they may not go that far so as mentioned it is best to agree something between you.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 10 months ago.
you believe we will have to pay the full amount but they should agree a payment plan. Are they not liable to absorb some of the amount as they made an error in not contacting us upon the first short payment.
Expert:  Ben Jones replied 10 months ago.

Legally it is the full outstanding amount you would be liable for. The fact it was their error does not mean you have to pay less, it just means you have to repay the amount in question but in manner which would not place you in a difficult financial position, so a lower repayment amount over a period of time. Of course you can negotiate anything with them, even for them to write off part of it but you cannot force them to do that. Hope this clarifies?

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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