A company has overlooked money we owe them - if they realise in the future, can they make us pay it?

Question

Our son has been going to a large nursery for nearly a year.

The montly fee is about £280 so we have been paying £200 by standing order and the other £80 by cheque each month.

The bank has told us that the £200 has NEVER gone out and has NEVER been paid to the nursery (it's just sat in our bank account).

(The nursery has never said anything to us in nearly a year, and each montly invoice we've had has simply asked for the £280 with no mention of us owing any money)

(I even asked them if we owe anything and they said no)

Where do we stand legally (in the UK)?

If they suddenly notice in a years time, can they make us pay it?

Answer 1

Im sure when the Nursery accounts are audited they will spot the money is missing. I think they are entitled to ask for the money... somehow up to 6 years seems to stick in my mind.(But I could be wrong) As they have looked after you son though,wouldnt it be fairer to tell them up front what you have discovered and pay them the money you owe?

Answer 2

Yes

Answer 3

Yes they can.

Answer 4

I advice you to keep your head down and not say anything.

Answer 5

they can recover the debt up to 7 years, if 7 years has passd and you still havnt paid and they still havnt asked for it then you dont have to pay it, but they do have 7 years to realise and ask you for it.

I have just been in a similar situation regarding a debt but 8 years has passes and my solicitor said i am not to pay it as after 7 years it is no longer a legal debt

Answer 6

They can ask you for it later but if you keep quiet chances are they won't pick up on it.

I got away with a £1000 training course once because they forgot to charge me, they still haven't asked for it 4 years down the line.