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Help needed - Nursing Home trying to fleece us!

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Humerouno | 16:41 Thu 20th Oct 2011 | Civil
5 Answers
My Grandma, who recently passed away, was in a care home for the final two years of her life - self funded. The care home are now chasing us for a debt which they say relates to a price per week increase they communicated to us a couple of months after she moved in. They say they sent us a letter with 30 days to respond, but we never received this letter. This is going to court as they have issued us with a claim through the courts.

Question 1: If they did indeed post a letter, does that satisfy the requirements or do they need proof of delivery. No question in my mind they are just trying it on and will retrospectively produce a copy of the letter, but will this stand up in court without prooof of delivery?

Question 2: Additionally, towards the last few months, my Grandma moved from being self funded to being supported by the local council. The council have confirmed to me that their contract with the care home did not include the necessity for any third party to 'top up' the fees, but the home are now claiming they had a telephone conversation with me and I approved it, which is absolutley rubbish - completely made up. We/ Grandma couldn't have afforded it. I don't think thie claim will stand up in court because they can't prove their story and surely the fact that we applied for local gvt support proves that Grandma/ we were unable to top up the fees.

Any help/ clarity that could be provided would be gratefully received.
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Think they are chancing their luck...... It is all hearsay after the event....
On the face of it they sound like a bunch of heartless grasping ghouls trying to take advantage of the bereaved.
If I was you and was completely sure that they were at it I'd let them take me to court making sure that as many reporters as possible were in attendance to give the chiselling b@5t@*&s the benefit of free publicity for their caring establishment.
They have had 22 months to mention this to you when you visited or they could have written to you to say you were in arrears. They had enough time while she was alive. Don't give them a penny.
Really! They say they increased the cost 2 months after your grandmother moved in, never received the money for the next 22 months and never queried it until now? Ridiculous! Who would run their business like that?

Was the cost increased at all while your grandmother was in the home? If so, how was this done?

When the Council became involved was the cost in the contract with them the same as was being paid under the self-funding? If so, you need to get evidence of this from the Council & provide it to the Court as part of your defence.

The claim of a phone call to you is absurd - it is what is in the contract that matters. In any case, if they had phoned you and you agreed, why did they not put it in writing & start invoicing you for the money?

You must defend the Court claim (but make sure you do it within the time limits) & produce all your evidence in writing as part of your defence. The Court should then send it to the claimant who - if they have any sense - will then withdraw their claim. Otherwise make sure you attend the hearing with all the relevant papers etc.
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Thanks for all your comments/ guidance...

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