Fee Dispute with care home after mother's death

[EME]

My late mother was resident in a residential dementia care home in Wales from 2011 to her death in 2017. She was self funded. 5 months after her death I received a demand from the care home owner (and that in itself is complicated) for back payment of fees gong back to 2013! We had paid as per their monthly schedule at the start of every month by bank transfer, and complied with fee increases when notified. HOWEVER apparently there was a fee increase in 2013 which we did NOT receive, also did NOT receive 2015, and 2016 was only sent to us in August but demanding a fee increase from April that year. Now I was a regular visitor to the care home, at least 2 times a week, surely they should have noticed the money going in did not tally with their increase and ASK me had we had the notification? They have no proof of posting of letters, in fact it was a wonder anything ever reached me as they never got my address correct, often missing off the name of the property and never ever a correct postcode and often no postcode at all. What legal rights do I have as a self funded relative to fight this, and is there a statute of limitation as to how far back they can "claim"? Any advice would be helpful, I do have a lawyer but want to explore all avenues.

 

[karaokePete]

That's quite a technical question and it may be a good idea to talk it through with the experts on the help line, who can be good, details as follows

National Dementia Helpline
0300 222 11 22
Our helpline advisers are here for you.
Helpline opening hours:
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm



Live on-line advice is also available in the UK and you can see the details of that if you follow this link https://www.alzheimers.org.uk/get-support/national-dementia-helpline/live-online-advice

 

[love.dad.but..]

Following their letter, did they give you an invoice each month and if so was it for the amount without the increase? I think you need advice on this but I would think the responsibility lay with them at the time to provide a correct invoice. My dad's NH increased their fees annually which were paid by dd but an invoice issued every month and the amount changed to include each increase.

 

[EME]

Interesting. I am happy with my aunt's care home and I am informed of fee increases but I have never received a invoice in spite of requesting them.

No it was an initial statement of an amount to be paid on the 1st of every month, and the first increase notification I received in the form of a letter 20 months later, in fact the letter was dated 1st May but I did not receive it until the very end of June as the address was completely wrong, even the wrong name on the envelope.

 

[Sirena]

I don't know the legal position but I think they will struggle to explain why they did not pursue this at the time. They must notify you of increases so that you can agree to them - for all they know, you may have wished to move your relative if the costs got too high. They surely cannot impose costs retrospectively which you did not at the time agree to.

My mother's CH sends monthly invoices in the post (just for information) and I pay by standing order. Annual increases are notified by post, and I then change the amount of the SO.