Nursery trying to claim I have not paid

downnotout

Last year my daughter finished at her nursery to go in to full time education. When she left I had £450 to pay off. I requested that the nursery sent me a final bill which I could then take care of and then close my account.

I paid this by bank transfer and I heard nothing else. On Friday I got a letter from her solicitor claiming that if I did not settle the account (£450) within seven days they would commence legal proceedings against me.

I have paid the account off last year, but to get hold of the bank print outs will cost me, why should I have to pay to prove my innocence?

fermi

In that case, write back saying that you dispute the debt as it was paid by bank transfer and that you require them to investigate.

Generic dispute letter here which can be adapted: http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

You could add to the letter that if they should attempt legal action, then you will defend the claim and provide proof to the court that the bill was paid. And that you will claim the costs from them of aquiring said proof.

If this "solicitor" has half a brain, then then will stop the silly threats and get the client to investigate.

If they are daft enough to take court action, then you can of course provide that proof that the bill was paid.

downnotout

Thanks Fermi, so you wouldn't call them? they are a local solicitor.

fermi

I might be tempted as they are a local one.

Obviously, you would have to emphasise that if pushed you will be able to prove the bill was paid and not take any nonsense.

They should refer it back to their client to investigate.

Have you contacted the nursery as well?

If the solicitors take legal action, which would obviously fail, then they would would have to pay court costs and legal fees for that.

So it would be in their interest to call off their solicitors and check their banking records properly.

downnotout

OK well the nursery owner seemed like a chancer when my daughter was attending, so I don't particularly fancy contacting her, but I will liaise with her solicitor because in this instance I am bullet proof. I am not scared just annoyed.

DVardysShadow

downnotout wrote: »

OK well the nursery owner seemed like a chancer when my daughter was attending, so I don't particularly fancy contacting her, but I will liaise with her solicitor because in this instance I am bullet proof. I am not scared just annoyed.

I would like to think you are bullet proof - but is there a tiny possibility the payment could have gone astray?

downnotout

No not at all, its in black and white what I owed (dated) and 14 days later the bank transfer on my account.

Culex

downnotout wrote: »

No not at all, its in black and white what I owed (dated) and 14 days later the bank transfer on my account.

Make doubly sure that you are bulletproof and that you can prove that the £450 was paid, then tell the nursery owner when it was paid and acquaint him/her with the celebrated retort in the matter of Arkell v. Pressdram.

DVardysShadow

Culex wrote: »

Make doubly sure that you are bulletproof and that you can prove that the £450 was paid, then tell the nursery owner when it was paid and acquaint him/her with the celebrated retort in the matter of Arkell v. Pressdram.

Agree.

downnotout wrote: »

No not at all, its in black and white what I owed (dated) and 14 days later the bank transfer on my account.

Bullet proof means all the above plus at least being able to show that it was sent to the right account.

downnotout

It was her business account, which was what I always paid in to, so she acknowledged all the other payments.

Culex

Perhaps it was immediately taken out again by a payday loan company?