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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?
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.
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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?
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