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Found 112 results

  1. My Mother is 96 and has had a M&S CC for many years, used for phone and online shopping which also gave her a feeling of independence as she rarely left the house. She began displaying signs of dementia late last year following a stroke, then fell at Christmas suffering a v serious head injury and was not expected to survive. She was eventually stabilised, though only after two scary doubt-filled relapses. It was then immediately clear that her dementia had deepened v substantially, and to make a long and very evil story short my Mother has in just a few weeks been replaced by someone who looks like her but has no memories, doesn't retain anything she is told conversationally for longer than 30-60 seconds, has no retained awareness therefore of her circumstances or where she is, who never has a yesterday to help her understand today, is confused on a good day and distressed on a bad one, doesn't recognise friends/some-family, and only occasionally recognises me when I tell her who I am. She is now in permanent residential dementia care where we continue to visit a very frail stranger unable to look after herself and needing help with all aspects of daily life, and that we love very much but can do nothing to help, only ... observe. Anyway ... I am dealing with her personal affairs. I would like to know please whether a card-issuer - M&S in this case - has legitimate recourse to family if the card-holder is neither competent nor capable and is unable to settle an outstanding balance, in this case just under £2K. Today the State takes all of Mum's pension and benefits to offset some of the £900+ p.w. cost of her Care, with the exception of a few pounds as so-called pocket-money to provide "personal treats" like toothpaste and replacement clothes/undies etc. Treats? There is no longer any possibility of the outstanding balance being settled by Mum from any source at all, she has no assets and had been getting by just okay on her State Pension+ small benefits whilst in a sheltered-housing bungalow since my Father died. I have been far too preoccupied to bother with the M&S reminder-letters over the past three months, but should take control before things escalate. I don't have any problem ignoring DCs if M&S moves it along, however I'd rather put the brakes on with M&S before that stage. So, to repeat my question ... I assume that in Law M&S would have recourse to income or assets, however there are none and I am wanting to know if In Law there is then permitted-recourse to family for the debt? If they try to make noise instead of writing the balance off, I am perfectly capable of berating M&S very robustly about pursuing a 96 year old woman in residential care with dementia! However, before then I want to be clear in my mind about the legitimacy of any other channels they may claim to be entitled to pursue for recovery. In reality they would actually be unsuccessful that way also as I am 71, retired with no assets and only state pension income, and with debts and obligations of my own already after a past business-collapse. I'm not concerned with that just now however, just in knowing whether M&S would be on solid ground if they should respond by saying that in these circumstances the debt becomes the responsibility of someone's family to settle if their assets/estate isn't able to cover it. So can someone advise on that one point please? Thanks! Howard
  2. Good evening, I'll try to summarize briefly : - 10 day ago washing machine stopped to work at the end of the program, door locked... - I notified to the landlord the issue sending him an email with all details and a quick video where he can see what is the actual problem - After a couple of days I received a reply from him where he'll put me in contact with the guy who manage the house in his name so he can arrange the repair - This guy send me an email (landlord was in cc) saying and he requested a repair and he already arranged the payment. - This tuesday I received the visit of the engineer who made the work in about one hour This morning I found a letter in my letter box from the UK's leading specialist warranty provider about a "Repair and care plan" signed in my name (t's mentioning my name and surname as Customer Name) with a duration of 6 months. The payment has be arranged with Landlord's bank account, a Direct Debit Payment Schedule with a 6 Monthly payments. I'm pretty nervous cause he never agreed with me to arrange for a care plan and I never authorized him to do it in my name... I wrote him after a couple of hour I found the letter asking some explanation cause we never talked about care plan, he replied saying when he was doing the payment there was no different in price between the one-off repair and the care plan and due to the care plan is covering 6 months he decided (according with the landlord) to proceed with that. I replied him saying i'm fine with anything the landlord wants, but the contract needs to be signed in my of the lanlord... All email conversations contains the landlord as cc, at now they stop not replying ... How should I proceed?
  3. I don't really think this is anything to do with the NHS but this seems to be where the Care Home funding issues are. I am sorry this is long-winded but am hoping it saves you having to ask questions. My mother has been cared for at home for many years by me and by carers. She is 98 and has been diagnosed with Alzheimer's for seven years. It is not getting any better as you may guess. After one fall of many caused a broken ankle last year she ended up first in our local hospital, then in a Rehabilitation Unit, then in an interim stay in a care home for assessment and re-enabling and finally in a permanent care home. To transfer her from the Rehab Unit to the Interim Care Home she was assessed and found not to have the mental capacity to make that decision and she was, after a Best Interest meeting moved very quickly to the interim home. We went through the same process when discussing her care after leaving the Interim Home, Mental Capacity Assessment where it was found she would not be able to decide in her own best interest and Best Interest meeting where it was decided she needed full-time permanent care as the LA would not be able to put in enough care at home. At this time I explained that although mum owned a bungalow she had an equity release mortgage, taken out before my father died 15 years ago. I took on PoA about eight years ago. Mum has been assessed for the payment for the Interim Care Home stay which I understand and will pay (when an invoice finally arrives) and for the first 12 weeks in the Permanent Care Home again, I understand the formula they are using and will pay it when billed. They could not find a home that could meet mum's needs for the rate the LA chooses to pay but the room she is in is at what the home calls Local Authority Rate. She has been assessed as needing to pay the full amount once the 12 weeks are passed. I have been asked as PoA to sign a form requesting a Deferred Payment Loan against the future capital from the bungalow. According to the formula in the "What is the Deferred Payments Scheme" paper they sent me they would calculate Mum to be in negative equity once the bungalow is sold. They are still asking me to sign but I am not a solicitor nor do I have any knowledge of the Care system other than what I have gleaned on the way. I think they will give mum/me this loan but it feels very unsafe to take it out. I feel we could end up with a debt we cannot pay if the house sells for what has been estimated as the value or less - especially with March and Brexit, etc. I have asked for a reassessment of what mum has to pay after the 12 weeks as the figures have been updated since the original assessment which was really a best guess at what the bungalow would sell for. At best she will only be able to fund a few weeks and I really could not have made it clearer that this was the situation from the outset. How can they charge her when their own figures suggest negative equity. I am quite prepared to pay whatever the law says she should but I feel very out of my depth with this. Help!
  4. My dear Dad who served in WWII and worked all his life developed vascular dementia after suffering a stroke and eventually ended up in a care home. We applied for NHS Continuing Care and was passed from pillar to post as is the case for many. The only asset he had was the ex-council house which I helped him to buy [he had lived there for over 40 years at the time] with my mother. We bought the house as joint tenants in 1985. On my mother's death in 1991 we failed to inform the Land Registry of her death [not clued up at all about these things] so the house was then jointly owned by myself and my Dad. My Dad went into a care home in 2006. The local authority [LA] rejected the claim for NHS Continuing Care and took all my Dad's pension leaving him with a few pounds each week. As I was the joint owner of the property with my Father the LA kept sending me bills for the shortfall in his weekly care home fees. Upon my Dad's death in 2007 the LA continued to chase me for the shortfall in the care home fees amounting to thousands of pounds despite my stating I was pursuing a claim for NHS Continuing care. Earlier and unbeknown to me the LA had put a charging order on the house [sending 3 letters - one to my deceased mother, one to my father who was in the care home and one to me [living 200 miles away] we didn't pick up the letters until after the deadline for objecting had passed as we were obviously up and down the motorway visiting my father in the care home. Since then I have completed various questionnaires and sent loads of emails to no avail and no resolution of this issue. The demands for payment from the Finance Dept. stopped in 2014. I've not heard anything since. My questions are: 1. Does the charging order made by the LA against the property have an expiry date? I have seen something about 12 years? 2. If the Finance Dept. has stopped chasing me for payment - where do I stand now? Is the debt written off after x number of years? I maintain my father was fully entitled to NHS Continuing Care and I will continue to fight this - he died in 2007 - I haven't heard anything further from my last appeal I think in 2014 - it is very wearing. Meanwhile I can't sell the house [the charge on the house means the LA will get their hands on the money to which I vehemently object] and am letting the property out to tenants which is a whole new world of pain. I also foolishly paid someone to act as my advocate and of course he took the money and did - feel very let down that he could take advantage of people when they are at such a low ebb. I know I'm not the only person to fall prey to this person. Any advice gratefully received. Thank you.
  5. I hope I'm in the correct section of the forum for help and advice on Continuing Health Care. My elderly Mum in Law has been in a care home for some time and her fees have always been covered by her pension with a top up from myself. Recently she had a couple of falls in the care home with the last one resulting in a stay in hospital. During a visit to see her, I was told she now has a brain tumour and not expected to live for more than a couple of months. Her Doctor explained he had done a Fast Track Assessment for Continuing Health Care. Mum in Law is now back in the care home with a special bed and being looked after well by the staff, one of who mentioned I would not have to pay any more. I wasn't sure if that meant any longer or any extra. As everything is getting a bit confusing and there is so much to take in at this time, before I ask the staff in the care home, can I ask if anyone knows about Continuing Health Care and who pays for it?
  6. Care UK faces legal action unless it pays more than £3m in compensation READ MORE HERE: https://www.gov.uk/government/news/care-uk-faces-legal-action-unless-it-pays-more-than-3m-in-compensation
  7. Hope this is the right place to post. My mother was diagnosed with alzheimers some years ago now and we have cared for her at home as much as we could but last year we had to put her into a care home. We have been trying to get her assessed for CHC funding so she doesn't have to pay for her care but we have been told lots of untruths and social services tried to find out how much money she has and if she owns her own house. We have told them that we will not tell them until she has been assessed. Now when she moved to the care home they said after about 6 weeks they would look at the assessment when she has settled in. We were paying around £150 per week and the council was paying the balance. Approx 6 months later mom broke her hip and I arranged with the lady who does the CHC assessment that after about 6 weeks when mom settled down she would do the assessment. She never got back in touch. 4 months later I get a call saying that the care home has been told that mom should have been self funded since she moved in and I was going to get a large bill £38,000! The council had been paying it by mistake they said and took all the funding back. I played my face and went in to see them, I told then about all the fobbing off and nothing being done for 12 months 2 days later the CPN came to see me to go through moms needs(I was prepared for her, with a few aces) they tried to downplay moms needs, clearly trying to say she didn't trigger the full assessment. I was asked to pay the balance (I paid £10,00 a few days earlier) I refused until I had the results of the meeting. I did pay another £9,000 so I could be seen as paying half if it went to court. I had a call today from the care home saying that they had talked to the CPN and they had rethought on what I had said and they had changed the one from a B to an A (primary) and a C to a B (this pleased me. She then pushed me to make payment. I said i think it was ok but had to speak to a solicitor friend of mine before I confirmed on Monday (my turn to fob them off) Now I have a problem, if I pay them the balance mom will have about £5,000 left in her account plus her house, she has household bills and other house related costs even though she is not living there. I don't want to pay the balance. What is the best action to take? Do they have a right to make us pay it all straight away? I think its very unfair as its not our fault but the council that has put us in this position with such a large amount to pay in one go. Thay have said if I don't pay then they will serve 28 days as I signed a contract when I moved mom there and she would go on the at risk register and will be moved. I really don't know what to do
  8. Hi, I took out a mortgage with Abbey National in June 2003 and I was advised by the in branch adviser that it would be wise to take the paymentcare policy with the remortgage and additional loan which was added to the mortgage. I have been paying this every month at a cost of £52.55 - which by my calculations means I have paid £9511.55 to date. My issue is that I didn't actually require this insurance at the time of remortgage but the adviser stressed that it would be "very helpful" to my application. Wishing to get the loan agreed I took the paymentcare insurance out. The reason I didn't need it was because I would receive 6 months full pay from work if I was sick, followed by another discretionary 18 months at full pay if required. I also had life insurance with my employer 4 x annual salary so my loan obligations in case of sickness or death would be met. This original mortgage was paid in full when I sold the property. Would someone be able to advise whether I have reason for a claim and if so where do I start? Many thanks for your help.
  9. New law introduced to protect vulnerable people in care READ MORE HERE: https://www.gov.uk/government/news/new-law-introduced-to-protect-vulnerable-people-in-care
  10. New law introduced to protect vulnerable people in care READ MORE HERE: https://www.gov.uk/government/news/new-law-introduced-to-protect-vulnerable-people-in-care
  11. New law introduced to protect vulnerable people in care READ MORE HERE: https://www.gov.uk/government/news/new-law-introduced-to-protect-vulnerable-people-in-care
  12. CMA consults on draft consumer law advice for care homes READ MORE HERE: https://www.gov.uk/government/news/cma-consults-on-draft-consumer-law-advice-for-care-homes
  13. My brother was harassed and bullied at work and is been off work for work related stress. He put in a grievance against the manager for that. Then his manager made his boss carry out the changes to his working days even though he told them clearly about childcare issues. Unfortunately this work related stress and bullying and harassment at work caused him depression and severe stress lead to him developing paralysis symptoms in one side of body for which he got signed off. The employers then persistently kept calling him in the name of welfare calls which his family told was affecting my brother as work was his stressor in his case. His work then kept insisting on home visits which again his family kept refusing as they believed it would aggravate his stress more but due to constant contacts he gave in and another manager conducted home visit. This manager was polite but straight away after visit my brother's stress levels started rising and they got so worse couple of days later that he collapsed unconscious and had to be rushed to hospital. Doctors treating him suggested that was all down to high levels of stress due to his home visit. His treating consultant at this stage gave in a letter to employers and this letter highlighted employers frequent contact was proving to be counterproductive. Then a few months after work place people and managers from different departments started contacting him again inviting him to attend grievance hearings he put in. This derived further depression and schizophrenia. His SSP ran out and due to financial stress and unprofessional attitude by ongoing contact of management he started thinking that management wants to fire him to cover other manager's job and due to all this he is at a mental stage where he is having hallucinations, zoning out moments and having self harm thoughts. Despite all this his management has now written a letter informing his wife they want to carry out a long term sickness capability meeting, where they want to explore different avenues for his return to work such as redeployment etc and warned him that outcome of this meeting can be a dismissal. Given his condition his wife approached his GP to express her fears how this letter may impact my brother's health and GP strongly suggested not to mention anything about this letter to my brother and ask employers to contact GP directly if they need any information on his health including his possible return to work. His wife then offered his employers this option to contact GP or get Occupational Health opinion to determine his fitness to attend and or if this meeting can be delayed until he is in a state to deal with it. She also informed employers including HR about GP's advice. His employers rejected all options and GP's advice and wrote again to his wife informing that they still want to go ahead with capability meeting quoting it is standard policy for long term sickness. She doesn't know what to do specially given his mental health state. AHe Isn't carrying out meeting against Doctors and Consultant's advice knowing all this breach of duty of care? Please help
  14. My Dad is in a care home and I just cant afford the top up fee's any more. The situation is this, my mum looked after my dad after he had a stroke, but in November of 2015 Mum became too ill and had to go into hospital, I was not able to meet for my dads needs so their social worker found a local care home and thats where he went - willingly because he knew it was right, sadly my Mum died on December 27th 2015. My mum told me to pay any bills etc using their money, I had to agree to pay a weekly £40 top up fee to the care home and this was being paid by Dad from his own savings [not technically allowed, but it was the only way], he had his DLA stopped, and then the bills from the council kept coming for his care home fees, added to by the top up fee's. In a year, his savings have been nearly wiped out, the main fee is paid direct to the care home now which is his entire weekly income, minus £24.50 [his allowance], dont forget I have been paying the £40 top ups from his own savings, because.. I am ill myself, I work 16 hours a week and cannot manage to do more than that as I struggle to do the 16 hours, I dont have any savings, and I do not get any benefits, life is a struggle. Soon, his savings will run out, I will be able to use the £24.50 of dads weekly money to go towards the top up fee, he requires very little for day to day things as everything is provided by the care home, I want to know if there is any help I can get for the top up fee, and what the consequences might be when the money runs out. At the time of dad going into a care home, he struck very lucky by getting into one locally, [stockport] but there was no choice of which care home, other care homes have no top up fee, but quite simply there are no places anywhere else and to move him would probably see him off as he is settled, happy, and well cared for. I just dont know what to do or who to speak to.
  15. Hi, received a cheque from Halifax for CC PPI from 2001-2011. Total premium paid was £2900 and they z have paid me £2200 interest. Im guessing this is simple interest when I should have argued for compound interest? Is it too late for me to pursue this any further as I have not signed anything they just sent me the cheque? I'm guessing I have missed out on a good few grand because of this as the card always had a big balance:|
  16. My 97 year-old mother has just been discharged from hospital (after a fall) to a care home. She now wishes to return to her own home which is unsanitary, unsafe, structurally unsound (part of the roof has collapsed) and is in a state of terrible neglect. She is in full command of her faculties. She is self-paying at the care home. I have a power of attorney but it is not activated (or whatever the legal term is). If she returns home she will surely fall again or some other disaster will befall her. She has begun to twist the arm of a family friend to take her home (against all her family's wishes). Are there any legal means (or indeed non-legal, I don't mean illegal) means I can employ to prevent her return or at the very least delay her return? Any advice on this matter will be much appreciated. I acknowledge that this is probably only a quasi-legal post.
  17. Is there anyone with knowlege of the law applying to these charges. Brent Council demanding an outstanding bill over £2500 be paid by deceased executors long afterwards. Demands for payment to be made, whilst refusing to provide full details of how the alleged amount acrued in the first place. Can the executor get something like an SAR of what the council have on file? The deceased was the executors mother
  18. Hi guys I have been currently employed by Amazon for the last 7 months and was happy until January when they started moving people around. I had no choice to move to a different department it was either that or no job few months down the line I'm struggling in this department with targets that are near impossible to do and this in turn caused me a lot of stress and worry because I was week after week warning letters and meetings kept coming I went to doctors and she wrote me a note with my concerns and manager just said you have to do continue your task but did refer me to occupational health which they said stress isn't a medical condition and doesn't effect my targets my doctor now has put me on sick since april and occupational sick pay has ran out now onto statuary and I feel bullied and physically sick and don't want to return there any help please?
  19. Hi its a while since I have been on the CAG site and that was for bank charges and PPI claims I now find myself with a report from the care home in my hand with the opening line SR sustained physical abuse and neglect of which all have been substantiated any one out there can help with the next stage as i feel that I owe it to my mum to fight for her we moved her from this home and within ten days she passed away after the other home broke her foot and she was hospitalized. she couldnt move herself in bed or in a special chair any good lawyers be able to help me please. not sure if this is in right section for this
  20. http://www.mirror.co.uk/news/uk-news/nurse-walked-out-care-home-10166243 The Nurse was giving evidence at a Coroner's hearing into the the deaths of the 3 men. The tale told was quite shocking and I was surprised that the coroner reckons that neglect was not a contributory factor into their deaths !. I think I would rather go to Switzerland and take my own life than end up in a care home. I guess you cant tar them all with the same brush, but even those where residents pay very high fees are coming under scrutiny !
  21. Apologies if this is in the wrong section but it was the only one close to the problem I have. My 94 year old Mother in Law is going in to a care home this week, she suffers badly with Dementia. As well as taking all her pension, I have been told by Social Services that I need to make "Top Up" payment of anywhere between £30 and £70 a week. We haven't asked for any upgrade to Mum's accommodation, she will have one of the basic bedrooms within the care home. Can anyone offer any advice or help please?
  22. I purchased a 49" Samsung TV in 18 June 2016. The TV is wall mounted. Whilst watching it 26 Dec the TV suddenly had a 2" black stripe on the left side and the bottom, and a diagonal internal crack line. When I called Samsung service they said they'd call back in 5-7 days. They did not. I then called to enquire on progress. They said a service centre would send out engineer to assess the physical damage and I may have to pay for the repair. I said I would not pay for any repair as it is a warranty issue. After no contact I called again and was given the number of the service centre, for me to call. The service centre then said Samsung should be arranging this, otherwise I have to pay £80+VAT call out. When I called Samsung back, they fobbed me off completely, saying that I had damaged the screen (even though no one has even looked at it) they have now voided my warranty. This is absolutely dispicable behaviour from any company, let alone Samsung. The TV cost £1400, so no trivial sum. I am really disgusted at how poor Samsung's service and attitude is. The service Ref number is >>>>>>>>> Also contacted Richer Sounds who I bought it from, and got the same response there - 'we can quote you a repair or a price for a new TV'. Astounded as we've not done anything to it - the screen developed an internal crack in its own. After consulting a solicitor who was also shocked, he suggested writing to the Chief Executive of Samsung and giving him/her 7 days to replace it or I will gladly initiate legal proceedings. It's the principle of being accused of damaging my own TV (which I haven't) which has really annoyed me. I am an engineer and I am well aware that something can fail with heat and from material flaws - not just from an impact that could cause external damage. There is no external damage. The policy is obviously to take your money and then fob off the customer and say they've damaged their own TV. Do Samsung care? Can anyone else offer any further advice?
  23. Theresa May has just finished delivering a speech setting out her vision for addressing mental health issues. Any cause for rejoicing or should we be concerned? Discuss. Health Secretary. Hunt. Delivering a speech later today on the same subject.
  24. Hi there I am a Support Worker employed by a city council. I support someone with a very mild learning difficulty, but they are totally independent. They are able to cook, clean, self-travel, etc. by themselves, and our team is present 24 hours a day to ensure the service user does not make unsafe decisions about relationships, or get in trouble with the police for anti-social behaviour. They live in reasonably small, modern 2 bedroom flat on the 4th floor. The single bedroom is designated as the staff sleepover room. The flat is owned by a housing association, which the city council then rents. Therefore, the service user is not directly the tenant. We do not have guardianship of the service user. My question: The service user is a smoker of around 110 to 20 cigarettes/day. They choose to smoke inside their bedroom - sometimes with an open window but often fully closed up, particularly at this time of the year. If they are smoking in their bedroom, the smoke can be smelled by staff in the sleepover room - even with an open window. We have been told we have the right to leave their flat for 1 hour if the service user starts smoking. Upon re-entering after 1 hour, the smell of smoke is still noticeable. I understand 2nd hand/passive smoking is dangerous as its unfiltered, can linger in the air for many hours and the dangerous stuff is invisible. As I am working 12+ hour shifts each day in this environment, what rights do I have as a non-smoker? Should I join a union? Many thanks
  25. I'll try and keep this to bare facts, given that if I try and explain it fully I will struggle. I have multiple medical conditions, mix of mental and physical. I have suffered some problems in the local area - threats, thefts, vandalism etc My health has deteriorated to the point I don't go out, or have contact with people, ever. I want to move, new start, somewhere else - to a different area completely. Medical professionals agree that a move is good and support it. I can't join housing lists, afford to buy or even travel alone to look at private rental. If I did even attempt private rent, I may not be able to look after the property properly. There is no mechanism for me to join, transfer or swap to a different area (aside from mutual exchange, which isn't getting anywhere) Went to council for advice, given some help and social worker. Council attitude goes from "yes we will help" to "it's not our problem" in the space of a week Their reason is that because I don't want to stay in this area, they don't have to do anything. Council refuses to even make a referral to the one housing association I could register with (it provides supported/sheltered accommodation but requires a social worker referral). I can provide more details if necessary! My question is twofold. I know the care act says the council are supposed to take into account housing and preventing deterioration. How far does that apply? Especially given that I have medical support for moving. Can they really just leave me here until I don't know what happens? Secondly, is there a housing option I have missed? I have tried CAB, SHELTER, MIND, MPs, councils, housing associations and everyone else I can think of. I can't afford to buy even a shared ownership or attempt the HOLD scheme. I'm so far past the end of my tether in this situation I can't even see it behind me
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