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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75915
Experience:  Qualified Solicitor
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We have a dispute with my daughters nursery. They have

Customer Question

Hi, we have a dispute with my daughters nursery. They have undercharged us for 3 months and are now requesting the money back. Its quite a large sum, we have asked to pay half as they have admitted it was a mistake on their behalf. Do we have to pay it all back?
JA: Where are you? It matters because laws vary by location.
Customer: In Leicestershire UK
JA: What steps have you taken so far?
Customer: We have disputed it, they have claimed that we have had the service so we are entitled to pay the full amount. We haven't contacted any outside companies.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.
Submitted: 9 days ago.
Category: Law
Expert:  Ben Jones replied 9 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 9 days ago.
OK.
Expert:  Ben Jones replied 9 days ago.

How much are they wanting you to pay back?

Customer: replied 9 days ago.
It totals just under £400 I believe.
Customer: replied 9 days ago.
No thank you.
Expert:  Ben Jones replied 9 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 9 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

Even though it was their fault that they undercharged you, that does not mean you no longer owe that money. After all, they still provided you with the services in return and did so in good faith. It is therefore still money that you would legally and contractually owe them but because it was their fault that it was not taken, you should be able to negotiate a repayment schedule that is suitable to you, i.e to spread it out over a longer period of time so that you are not impacted financially in a serious way.

Of course, that does not prevent you from trying to negotiate a discount on the overall amount, but if they refuse to agree to one, which they can, then it is a case of trying to negotiate over the repayment period instead.

Expert:  Ben Jones replied 9 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 9 days ago.
Thank you for your precise answer, this clears up confusion from me. Thank you again for your help.
Expert:  Ben Jones replied 9 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best