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Who is liable - me, the nursery, both of us?

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  • Who is liable - me, the nursery, both of us?

    Ok, so, I set up a payee on my online banking for my sons nursery and for 10 months I was making payments of £300 per month. I get a an invoice and a statement out of the blue from the nursery to say they haven't received a payment from me in 10 months. I sent them bank statements to evidence the payments and it turns out I've been paying money into an incorrect account.

    After much back and forth with the bank I can't get this money back.

    After checking my nursery contract it says that they will provide monthly statements and invoices for fees and had they of been sending these through every month as set out in the contract I would have realised there was an issue sooner and I wouldn't now be £3000 out of pocket. The nursery are insisting that I owe them the full £3000, even though I've already paid them half of this amount. My son has left the nursery now and the nursery are threatening me with legal proceedings.

    I have my bank statements to evidence that I was making payments, albeit to an incorrect account, and I have the correspondence from the bank about the matter. I've written a reply to the nursery's threatening email to tell them that unless we can come to an amicable agreement where they share a portion of the liability for the balance in question that I'll happily defend this claim in court.

    I'm interested in understanding where the liability for the remaining £1500 lies - they should have been sending me monthly statements and invoices but they didn't for 10 months while they had a number of finance offers come and go during that time. They are adamant that I've got to pay them the full amount but I believe this is as much there fault as mine, if not more. Was no one reconciling their accounts during this time? How has this been able to get this out of hand? They have a duty to be financially responsible too.

    Any advise would be appreciated!

    Cheers,
    E
    Tags: None

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