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Council Wanting To Back Charge My Mum

monkeygirl15

Registered User
Oct 1, 2017
66
0
Hi All

I could really do with some advice. Don't think I'll sleep tonight.

My mum has advanced dementia and has been in a Care Home since 2018. I sold her house late 2018 and informed the council literally on the day the contracts exchanged. However, the council never put up her fees to full fee paying as they should have. I did chase this up a number of times (maybe I should have just kept my mouth shut rather than being honest :( ). I also chased it up with the Care Home direct but they said they could only charge me what the council told them to. Nobody is disputing that the council has made an error and that I have informed them of changes etc and that I have asked them to charge the correct amount.

Today, I received a phone call from the Council informing me that they expect me to pay back (on my mum's behalf) £40,000 which they say is what is owed! I am presuming that is the difference between the full fee and what she has paid but that is a lot more than I expected.

I am wondering if anyone knows the legal position on this? If it is legally the case that I should pay the £40,000 (if that amount is a correct calculation) then I obviously will pay it out of my mum's savings. But equally, I don't want to pay that amount out if it isn't legally right to do so as I've always tried to do the right thing. They wouldn't give me a breakdown of their workings out on the phone and said it might be Friday before I receive the letter - which is a long time to worry! I've Googled about being billed incorrectly and in general law, apparently, you can't be back charged if the fault is on the side of the other person who sends the bill. But that is in the situation of more general things (like getting your car fixed). Local councils may have a different set of legal stuff.

I'm going to take legal advice obviously and then follow that but if anyone knows anything it might help me sleep easier in the meantime. Thanks
 

nitram

Registered User
Apr 6, 2011
23,176
0
North Manchester
You will have to take legal advice on the back charging.

If the LA are only clawing back the amount they paid the home under a contract at their rate and not self care rate you will have gained.
Now that you mum has assets find out if she will be asked to contract directly with the home and at what price
.
 

Frank24

Registered User
Feb 13, 2018
150
0
Hi there - I would get advice on this - the council tried to charge me back dated charges for non residential care.
The care was being paid for by my Mum with the help of a direct payment which basically the council then charge you £100 per week for. Because I had asked for a bill and it wasn't provided in the time scale that is laid out by them they couldn't charge my Mum the 2.5K in back charges. I would try and see if there are guidelines on when they can charge you. Age Uk were really helpful and explained this to me.
 

monkeygirl15

Registered User
Oct 1, 2017
66
0
Hi Frank24.

Did you end up having to pay back the charges or not? I've had an email today which is a copy of a letter which I never received. They totally admit that it is their error and interestingly haven't paid me interest in the "back charges"which they should normally charge when fees haven't been paid (only as I've never been billed. The Care Home have also let me know they have never been notified of any change in my mum's status. This is all such a pain and I really don't understand it. I've tried ringing Age UK's specialist helpine a number of times but keep getting cut off when I reach the top of the queue I am just feeling lost
 

Frank24

Registered User
Feb 13, 2018
150
0
Hi Frank24.

Did you end up having to pay back the charges or not? I've had an email today which is a copy of a letter which I never received. They totally admit that it is their error and interestingly haven't paid me interest in the "back charges"which they should normally charge when fees haven't been paid (only as I've never been billed. The Care Home have also let me know they have never been notified of any change in my mum's status. This is all such a pain and I really don't understand it. I've tried ringing Age UK's specialist helpine a number of times but keep getting cut off when I reach the top of the queue I am just feeling lost
Hi there.. I didn’t have to pay back charges. It’s worth maybe checking with Citizens Advice maybe? Do you have a copy of the care contract?