Back charges - can they force me to pay??

[Anna12]

We were presented with a bill at the end of July for August fees for childcare, at the kindergarten we have used for 2 yrs now. This was paid immediately, and the invoice is claused stating payment must be made within a few days or they will charge late fees by the day. No problem, all paid on time as usual.
We then take 2 wks holiday in August, and returned to normal yesterday. Today we see a notice in the door stating they are increasing Holiday Club fees by £50 a week, starting 1st August. It has not been verbally mentioned and the sign has not been pointed out to us. We only noticed it today, but it could possibly have been there yesterday.
Tonight we are presented with our invoice for September services, showing the increased prices for next month, which we are not happy with but have no other option than to accept as we have no other local childcare providers! We question the rise and are then told verbally that we will be charged backdated to the start of August (this is not on the invoice!). Can they be allowed to do this when they have already presented a bill, which we have paid, for this period? They say they can do this and they will, and annoyingly we are in credit so they have taken this amount from us without our agreement. Can anyone clarify the uk law on this ???

[woofgang]

I would give trading standards a call....keep in mind though that they don't have to keep your child and if you cheese them off and there are no other childcare options you might be giving yourself more trouble than its worth

[buildersmate]

I would have expected a reputable company to have some sort of terms and conditions that you and they signed up to at the start - a bit like joining a gym. Was there no such information provided to you? - for example, if the boot was on the other foot, how much notice do you have to give to remove your child from childcare service?
I agree that the back-dated charge for services already invoiced is definitely not 'on'.

[Anna12]

thanks for your replies!

I am very wary of the balance between them removing their services altogether if I push it too far, so have said I am willing to pay the extra from the Sept Invoice (the invoice that was given to me today with the higher figures on it).

We did sign a 'contract' at the start of our undertaking with them, but maybe there is a copy of the t&c's on the website, will check it out...

Thanks for some good pointers x

[buildersmate]

Well they ought to have given you a copy of what you signed. I doubt you will find it on their website.

[oldexpat]

I would go to tading standards immediately also. Good luck.

[Anna12]

Quick update; phoned trading standards who agree they definately cant make me pay backpay, and they should have given us notice in July. They told me to write a letter and what to put in it, which I did, and handed in the nyesterday morning.
Last night we were handed a letter back, stating the charges do still apply because it was not their fault we were uncontactable - they are assuming this because we were away on, they did not try to contact us! could have put a note through the door etc.
Ended with, it is your decision not to pay, but your child care place is suspended until the debt is cleared!!!!!
I rang trading standards again, they said i could persue a complaint with them, but its a very sticky situation because by losing my space i would be losing my childcare (no others in the area, these are on my doorstep) and i dont want to uproot my child again. Therefore, blatant blackmail, but what can i do? if i pay, am letting them get away with it and giving them licence to do it again in the future at will, and if i dont pay i end up with an unhappy, unsettled child, no childcare and an uncertain future! lose, lose situation!
Managed to catch the manager today, she is still very adamant she is in the right but we got our side of the arguement over and have let it be known we are very disappointed in the service and will not stand for it again, as is their legal obligation, but we have had to pay in order not to lose our space. I am DISGUSTED!!!!

[buildersmate]

I'm afraid I can't see a way out for you because you need them more than they need you - there is no market competition in the situation you outline so they have you over a barrel.
Whilst you could probably win a legal case, they could merely decide at that point to terminate your contract.

[tigwig]

How annoying for you! Have you exhausted all possible childcare options? What about childminders? I would so not want to give them any of my money ever again and a price increase of £50 a week?! Whats that about?