To not pay this invoice from nursery?

I totally hear all of this and frankly they are being rubbish - however I don't think there is a legal limit (please someone correct me if I am wrong). In the same kind of way you have to pay taxes to HMRC from years ago.....

So, I don't think ignore and not pay is an option especially if they escalate and then it becomes your problem.

I would challenge as you have and ask them to submit proof that your kid was there on those dates. I would provide evidence of the days they were usually in. It is their burden of proof around attendance so put it back to them.

I would inform them that they need to provide evidence that the money is owed, that as the invoices previously supplied and paid were often incorrect you would require a full reconciliation of days DD attended against charges that would incur including the funding element. They would also need to provide evidence that DD attended on any additional days.

I doubt they can!

just ask for proof - i do a nursery admin and can see what day every child came, what time they were signed in and out etc

how are they monitoring attendance? do they use an app?

We are required to keep attendance records for 3 years i believe

You keep a diary of what you do every day?

Me either.

@PayOrNotToPay

I would find a slightly more polite way of telling them to get fucked.

Their incompetence is not your problem.

Yeah, they couldn't organise themselves at the time, the chances of this being correct now is virtually NIL, and as you say,, what's to say you haven't already paid for all those days.

Exactly!

Lots of people prefer a shared visual paper record, which goes in the bin in January.

I dont have a diary of info/events from 2 yrs ago. I could check emails and that would be it!

Ask them for evidence that you owe them this money (an invoice isn't evidence, unless its a long outstanding one) e.g. diary entry, email, texts etc. I find this usually sorts things out. Either they have evidence, and you can then pay with the knowledge that you owed it. Or they can't, in which case they don't have a leg to stand on and you probably won't hear anymore about it.

Can't you just look at your phone for those days? Surely photos/messages you sent would give you a good idea of whether she was in?

Have you not understood? The OP has changed phones since then.

I think I'd reply and say "DD was not in on those days and your records are incorrect." and then the burden of proof is on them.
But you could also have a quick look through photos on your phone via searching the dates? You might have a picture from a day out that actually proves she was with you and not at nursery!

Another one who hasn't read or been able to understand the OP's statement 'And even so, I've changed phone since then anyway.'

Don't be snippy.
Presumably she hasn't changed phones and just lost all her infant pics of DD, so they're on the cloud somewhere!
Google drive maybe?

I use a paper diary for appointments, but chuck it out at the end of the year. I only use it to remember upcoming appointments.

The fact that she gives changing phones as a reason for not having records suggests not, doesn't it?

I'd send them a polite letter stating that given that it's over 2 years old and they've not provided any proof then you will not be paying. Then add that if they continue to harass you you will be talking to a solicitor.

Whilst it is hugely annoying to be billed so late I think you need to write to them saying: (1) you do not think anything is owed but you want to be sure by checking through your records; (2) you will endeavour to do so by (date in 3 weeks’ time); and (3) they must send you any ither demands within the next 7 days so that you do not have to keep going through diaries etc; and (4) after this a line is drawn and you will not consider any further invoices.

I think if you have used the service you must pay, even though they have been cr@p about it.

I don't think so no, because records don't necessarily disappear when a device is switched so it seems fair enough to suggest the OP could check online. But it doesn't really matter one way or another to me. I'm more intrigued by your responses. You've had quite a strong reaction to a very mild thread and equally mild suggestions for resolution.

Are you having a bit of a shit day, @AlwaysExtraHot ?

Changing phones involves migrating all your data from old to new phone. How do you not know this? Its been super easy to do since the early 2000s

Mines electronic and goes back years.

If the ad-hoc days were not her normal contracted days and you have no recollection of asking for extra days then I would state this to the nursery and ask them to provide proof that she was there on the extra days.

Childcare settings should have some kind of attendance register and most nurseries I know use an app for attendance so it should be really easy for them to prove it. If they can't then I wouldn't pay. And I would also state that their invoices were always wrong in the past so you have no confidence that this invoice is correct.

The limitation period for a breach of contract claim is 6 years. However the burden is on them to demonstrate that the debt is owed so they would have to (a) provide evidence that your child had attended on given days and (b) that you had not paid for those days.

Surely at the time she was still attending and you got the original invoice you checked it for discrepancies?