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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Nusery has just advised us that last18 months they

Customer Question

nusery has just advised us that for the last18 months they have been undercharging us by one day a month and have billed us £2845. they have admitted it is their mistake we have always paid exactly what they have invoiced us. can they do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Do you have a contract with them please?
Customer: replied 1 year ago.
yes we do have a contract with them which we would have signed 3 years ago when we first started with the nursery. indont think we were ever given a copy
Expert:  Ash replied 1 year ago.
Ok. What does that say about billing and also errors?
Customer: replied 1 year ago.
i don't know as i dont have a copy
all i do know is that i have satisfied every invoice they have sent me every month on the nose. if they have been making errors why is this my fault?
Expert:  Ash replied 1 year ago.
Ok. They invoice you for a period, ie May 2015, is that right?
Customer: replied 1 year ago.
that is correct invoices are produced by them monthly which are paid monthly
Expert:  Ash replied 1 year ago.
Ok. Then unless the contract states errors and omissions accepted then they are stuck. If they have failed to account correctly, that is not your fault. As far as you are concerned they produce the correct bill for the period and you pay it.
As such unless the contract allows for them to make errors and correct, then its a very costly mistake.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
i know have the contract the only term in it is patchwork(the nursery) reserves the right to suspend the attendence of any child due to non payment of outstanding fees
it does not have anything mentioning incorrect invoicing on their behalf?
does this help?
Expert:  Ash replied 1 year ago.
Yes, they cant do it then.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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