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My Nan's Care Home Claiming 3k shortfall from 12 years ago!

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  • My Nan's Care Home Claiming 3k shortfall from 12 years ago!

    Hey guys.

    Had a letter today from my nans care home claiming she owes over 3k in resident fees mainly from 2002.

    Must say i was very disgusted at the cheek of the letter.

    Basically what happend was, my nan was in a care home in southend, which Tower Hamlets Council, Southend Council and my mother were all paying towards her care home fees.

    My mother has paid her share of the fees every month for every year for the last 11 years, when she gets the letter from the council informing her of the increase, she makes sure her payments also increase in line with it.

    Around 4 years ago, my nan was transfered from the southend care home to one in Ilford (Both were part of the same group) Everything was agreed that the amounts everyone was paying would stay the same as before, and continue to be paid at whatever rate was set each year.

    Today, my mother receives a letter from her current care home, claiming that there is a shortfall of just under 3k.

    What they sent, was 1 page showing their care home rates per week, for each year, multiplied by the number of days as resident for each year, the total is around 60k for 11 years.

    Then they have also supplied, what looks like a print out of supposed payments that have been paid, for each month, over those 11 years.

    We rang the care home and spoke to the lady in charge of the finance department.

    Firstly, she admits, that since the transfer, my mother has paid the correct amount each month.
    She addmitted the shortfall was from around 2002 when my nan first moved in to the care home in southend.
    she also stated, that she can NOT provide a breakdown of payments made by my mother during this time, because the original care home is no longer there

    So, they cant provide evidence of what my mother has actually paid during this time, all they have, is what they believe were payments made.

    Now, my wife is actually a management accountant for a group of care homes, when i spoke to her about this today, she had a very good idea of what has happend, and why.

    She tells me, that its quite common, for care homes to not receive the council fee letters each year, showing the increase in payments. As a result of this and also due to one of her staff doing inproper accounting techiques, they generally, invoice for the amount they believe to be due, rather than the increased amount.

    Therefore the difference that has been paid, isnt actually kept a record of until sometime in the future, when the council do send them a list of rates for previous years. At that point, they take the total that should have been paid, against what they believe to have been paid, and demand the difference be rectified, when in reality, there never was a shortfall, they just didnt record it at the time!

    Now with the lady at the care home admitting she cant provide proof of payments made, but did supply a list of apprent payments they believed to be due, its quite obvious to me that they are wrong.

    This has really angered me, as its not up to me, my mother or anyone else to pay them money which is not owed, simply because they cant reconcile their entries.

    I intend to send them a letter next week, explaining that we do not accept the 3k is owed, that we always paid the correct amount every month, and increased the payments when notified to. Unless they can provide evidence of each payment that was made, against the amount that should have been due, we will not be paying it.

    You know, the lady even had the cheek to ask if we wished our last payment to be offset against the shortfall!!

    Perhaps someone can take a look over my letter when i type it up and tell me what they think before it gets posted?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

  • #2
    Re: My Nan's Care Home Claiming 3k shortfall from 12 years ago!

    Ok so an update to this thread. 2 days ago i sent my nans care home a letter basically outlining my view point.

    I made them aware, that from 2002 until 2005, my nans pension book was held by her care home and they as apointee were making her client fee contributions from her pension. In 2005 when the government removed the pension book and paid it directly in to bank accounts, we took over the payments of her client fees.

    Her care home initially set up a direct debit, and on more than 1 occasion, the bank took 2 payments in the same month for the same amount, which we had to keep getting refunded, so we canceled this and started paying by cheque.

    Given the care homes control of her money, the mess up in direct debit payments, its quite possible that their record keeping of payments received is also incorrect.

    I made them aware that we have always paid the correct amount of contributions based on the information we receive every April from the council outlining her share of the client fees.

    Without a proper list showing payments made and the dates they were received, we dispute the amount claimed as being owed.

    The care home rang my mother today, and basically said, they realise now she pays the clients fees at the end of the month, for that month, and therefore the amount stated as owing is actually £500 less. They then also said, they have no way of knowing what happend during the time when the previous care home was in charge of payments and they assume it was done correctly. She also tried to state that "Im sure Councils wouldnt get this information wrong" To which my mother laughed.

    Not being funny, but as far as im aware the only way the council would know what client fees had been paid, is when the care home invoice them, so if the care home got that wrong, the council would hold the wrong info also.

    The lady admits that there is a query with an entry for last December which shows two payments being made in the same month, when it should show November paid and December Paid seperately.

    My mother basically said to her, unless you can show me a list of payments made and the dates they were received, you could quote me £2600 owed or £10,600 owed, it doesnt matter, i dont believe its owed and i will not be paying it.

    You claim that its been owed since 2002 yet you are only notifying me of this now, take me to court for all i care, the judge will more than likely laugh and throw it out.

    To which the lady said, can i have your email address as its easier to communicate that way in future and she will be passing my letter to head office.


    Now this is where we are at, we do not believe its owed, we do believe the old care home has made a balls up. They can not provide proof of payments that have been made, only a spreadsheet list of "supposed" payments. None of which show the actual amounts paid. but rather when a payment was made at some point, they would go back to the last month and credit the column with a payment amount.

    So, if they decide to take this to court, they will be put under strict proof, and i would bet my life, they will not be able to prove anything, they have already admitted they cant obtain payment records from the old care home.

    Question to someone knowledgable, if they make a claim for arrears dating 2002, which they have only made us aware of now, does this fall under the limitations act?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: My Nan's Care Home Claiming 3k shortfall from 12 years ago!

      I wish I could help you SX Guy.

      I really don't see how they can take your Mum to court for this
      Let your smile change the world but don't let the world change your smile


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Re: My Nan's Care Home Claiming 3k shortfall from 12 years ago!

        I dont think they plan to, they havent suggested it. My mother was more saying to them try it because i aint paying what i believe isnt owed. So in reality i doubt it will come to that really.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: My Nan's Care Home Claiming 3k shortfall from 12 years ago!

          I think this is just weasily and outrageous tbh. I'd tell them to go forth and if any further letters are forthcoming you'll be going to the press to highlight not just their incompetent accounting, but also their lack of consideration or thoughts to families who may have lost loved ones.
          "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

          The consumer is that sleeping giant.!!



          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #6
            Re: My Nan's Care Home Claiming 3k shortfall from 12 years ago!

            If they cannot provide a breakdown of monies owed, then they're pissing in the wind... I wouldn't be ringing them any more either. You need to have things in writing; including a complete breakdown of monies alleged to be owed.

            Also, I'm pretty sure that this would fall under the Limitations Act anyway.... as it's an alleged debt to a different care home under a different council's authority.
            Remember the mantra:
            NEVER communicate by 'phone.

            Send EVERYTHING by Recorded/Special Delivery
            Keep a copy of EVERYTHING sent
            Keep hold of EVERYTHING received

            PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

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