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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Nursing Home Fees


kia
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right my question is not about council tax benefit its about a bill for a nursing home my father was in which we are trying to be billed for well there trying to take me to court for as the bills in my name even though it was for my fathers care .

 

What i need to know is legally have they got a leg to stand on as my father is no longer alive and the time the bill relates to he was still living but had given us permission to use monies from his account to pay bills for the house but am not really sure where we stand on this now any advice will be appreciated as this has been dragging on quite a while now xxxkia

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Hi kia

If you was down as next of kin and dealing with your dads finances at the home then yes you will have to pay all outstanding invoices..ie top ups etc unless things have changed but i don't think so..if im wrong im sure someone will put you right

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hi kia,

 

if i was in your situation, i would seek legal advice from a solicitor immediately, you can usually get the first half hour or maybe longer free,

and if the amount is large, and they do take legal action, you will need a solicitor to defend you, sounds as though it could involve a large sum by your thread, hope this helps totiesquoties.

Edited by totiesquoties
spelling correction

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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I had the same thing with my Mum Kia. We had power of attourney for her, but had to sign with social services as well accepting responsibility for her bills. They were paid when her bungalow was sold.

 

There's no getting away from it I'm afraid.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I've moved this to legal issues as there's a threat of court, and changed the thread title to be clearer what this is about.

 

Your Dad will have been assessed before he went into the home. He would only have been allowed to keep £22 or so for his personal needs and the rest should have gone on his care. I assume you were involved in this. This explains more.

 

http://www.direct.gov.uk/en/CaringForSomeone/CareHomes/DG_10031525

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks all of u for the help it dont sound like i got much choice but to pay it does the amount is 560 pounds so not a huge amount but im on benefits so suppose better to set up a payment plan i went through alot of personal probs at end of last year and this bill just got forgotten about unfortunatly these things do tend to come back to haunt u dont they and my lovely daughter hide this letter so only unearthed this yesterday and it was dated a month ago theatening legal action in 14 days so im guessing theres not much i can do now just wait to see what comes next from the courts or would it be better to write now saying only just found the letter xxxkia

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I'd write, say letter has only just arrived (well it has to you), apologise for your ignorance and that you didn't realise that you had to pay. say that you are on benefits and can you come to an arrangement to pay.

Is there nothing from his estate that can pay it? If he didn't have savings of over £22,000 or a property did anything have to be paid?

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no he had nothing no savings etc his funeral needed paying for which was just about met from his personal pension funds was short by few hundred but i just about managed it my dad never planned for the future and when he was alive he lived for the day bless him but it did leave a bit of a mess when he went and i am panicking somewhat now i really thought this had gone away and forgot all about it last year was a bad year for me.

 

I did at some point last year set up a payment plan but it never got paid and now am worrying a bit that they will say no but ill try cos i do have medical records that back up i had a sort of breakdown think i just gave up cos i lost me dad me dog and my relationship all in same year and this bill was least of my worries then xxxkia

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I'm only jusst starting to look at this minefield ..... I don't know if I'm asking the right questions, but just trying some suggestions!

What type of nursing home was it? have you checked with social services, DWP etc. I have read that you are only liable if you have savings/assets over £22,000, but I'm not sure if that is limited to certain types of home etc.

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kia when your dad went into the nursing home you would have signed a contract have a read through it and his nursing care would have been assessed to what level of care he needed as well as a financial assessment ....if the home cost more than

social services paid then thats where the top up comes in..say the weekly fee was £700 but social services only paid 650.00 you

would be need to pay the difference..should also say on your invoices.

As cymruambyth write to them you haven't got to go into detail:wink:

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i know there was no top up needed cos thats why ss choose this home as i couldnt afford a top up with not working and yeh was thinking a letters prob gonna be best way forward thanks both xxxxkia

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Kia check all the paper work...they would have included your dads pension and pension credit in the finance assessment

it should say on the invoice what the bill is for and dates from and to. When you write to them ask them to explain what the bill is for if you are not sure, but other than it being a final bill (top up) i don't know what it could be:|

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will do tilly if can find any of it they have waited along time to chase this up as its been a year or more since dad died so its if i can find any of it xxxxkia

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All fees would of been paid by Social service if he did not have a property or his savings was below the threshold, Social services would of taken his pension to help pay for the Homes fees- and leave him twenty pounds pocket money- the contact would be between the home and Social services the chances are that social services owe the home the money not you or your father - Challenge this with the Nursing Home

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  • 2 weeks later...
All fees would of been paid by Social service if he did not have a property or his savings was below the threshold, Social services would of taken his pension to help pay for the Homes fees- and leave him twenty pounds pocket money- the contact would be between the home and Social services the chances are that social services owe the home the money not you or your father - Challenge this with the Nursing Home

 

I was just about to write a similar thing when I saw your post.

 

My Mum was in a home for several years before she passed away and this is what we were told. If there were no assets and savings below the above threshold, then your father/you owe nothing.

 

:-)

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Hi Kia

Did you manage to get it sorted ?

sorry tilly was away for few days yes they wrote and offered a small amount to repay it so am thinking whats gonna be best atm will prob accept it prob not got much choice thanks for all your help though xxxkia

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  • 1 month later...

just a quick update on this the council in their ultimate wisdom and after a few letters reminding them that the debt was my dads debt not mine i never had respite care, they have written the debt off :-)another victory id say xxxxxkia

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You must be pleased that's sorted and out of the way Kia. Well done.:-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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