LA care home fees statute barred? DCA now chasing

[europa16 44]

My mother in Law died in 2018 from dementia, which she was diagnose with in  2013, when she was deemed to have lost mental capacity.

 

In 2019, the council got in touch with us with a long list of invoices from 2014 to 2015 (when she received chc funding) as my husband was the executor.

 

We have been trying to find out why they didn’t chase sooner with other sibling, as they had DWP appointee ship at the time, and were the only person the council ever spoke to (we knew nothing, the council kept us out of everything).

 

There was money in MILs account to pay for these things until the account was gradually emptied by sibling in law.

There was money to in the estate which was distributed before this came to light.

 FOI was put requested from the council but they want us to close this as the info will be in the public arena and anyone can see it apparently!

 

In the meantime, the council has now sent in the debt collectors, who have sent letters for each invoice requesting payment in the next 7 days.

 

As far as I’m concerned, two of these invoices are statute barred, having been originally invoiced in March 2014 and September 2014.

The remainder are close but won’t be SB until next April.

 

Here is the question:

Is the Statute Barred letter in the library still the correct on to send (it mentions FCA but isn’t related to consumer credit)?

The remaining DCAs request letters will be sent a dispute letter.

Thanks

 

[dx100uk 9,337]

i wouldn't be blindly sending any letter tennis yet.

 

who's the DCA please?

 

dx

[europa16 44]

It’s Bristow and Sutor

[dx100uk 9,337]

They are bailiff s not debt collectors

can you scan one of  the letters to pdf please

read upload carefully 

[europa16 44]

Will do in the morning. In the meantime, how can bailiffs deal with this, aren’t cases supposed to go to court first?

What should the normal process for this type of debt be?

[dx100uk 9,337]

i think the council can raise a liability order or get a CCJ 

lets see what the letter actually says please

 

dx

 

[europa16 44]

convert-jpg-to-pdf.net_2020-10-20_09-48-52.pdf

 

Just upload one of the identical letters sent, hopefully it’s done it correctly.

[dx100uk 9,337]

aha 

i thought it might just be whats called a summary debt, i had a few of these over the years.

 

in this instance B&S are simply operating as totally powerless debt collectors

you are safe to ignore them.

 

 

[Homer67 271]

I could be wrong but if they are chasing you as the executor and the estate is settled in full then the debt is unenforceable and has 'died with the debtor'.

 

I had a similar debacle with a private health care company  who insisted that I was liable for their warden controlled facility on my late mum's property when once her accounts were closed and they didn't get that month's payments, started writing to me as executor saying that the debt and on going charges were now my responsibility.

I gave them short shrift and told them to take a hike and after many threatening letters I told my solicitor to make one payment to them for the cost of 3 months service after the date of death, I told them they were lucky to get that and they wouldn't get anything else.

 

They kicked off and sent a few more letters which I refused to respond to and then they went away realizing they weren't going to mug me for any more money.