Hi all
Looking for some advice if possible please.
My parents had lived in their ex-council house for 35 years and I helped them to buy in 1985 as didn't want them to be moved to a flat by the council. They wouldn't have got a mortgage on their own as they were both retired and in reality I paid the majority of mortgage/bills quite happily as I had 'live-in accommodation' at the time and wanted to ensure they were provided for.
My Father developed vascular dementia and had other associated health issues and was hospitalised for most of 2006 before being transferred to a care home. I maintained and still do that he was entitled to NHS Continuing Care. The LA did a shoddy job carrying out the DST etc. and treated the family very badly and it was all very distressing. I rejected the LA's financial assessment as I maintained that as joint owners my father's beneficial interest in the property should not have been assessed by dividing the current market value in two and should have based its value on the “beneficial interest to a willing buyer”, which would have made the valuation lower because finding a buyer willing to go into joint ownership with me would have been almost impossible.
Unbeknown to me the LA put a legal charge against the property [they sent three separate letters to the empty property knowing full well my Mother had passed away many years earlier and my Father was in the care home and I was miles away juggling a full time job and family as well as visiting Dad as frequently as possible.
So Dad passed away in 2007 and the house is being let out [with all the worry that brings!] as I am not willing to sell the house and give the LA any money for a man who worked all his life and never claimed a penny piece and who had vascular dementia and other health issues and was entitled to NHS CC. Sorry this is long, the question is - has anyone successfully challenged their LA in a similar situation and won? And what happens when I tell the LR [should have done so in 2007] that I am now the sole owner as the charge should only have referred to my father's share of the property and what happens now he is no longer with us?
The fight goes on, it's the principle of the matter but I am rather weary of it all.
Thanks
Looking for some advice if possible please.
My parents had lived in their ex-council house for 35 years and I helped them to buy in 1985 as didn't want them to be moved to a flat by the council. They wouldn't have got a mortgage on their own as they were both retired and in reality I paid the majority of mortgage/bills quite happily as I had 'live-in accommodation' at the time and wanted to ensure they were provided for.
My Father developed vascular dementia and had other associated health issues and was hospitalised for most of 2006 before being transferred to a care home. I maintained and still do that he was entitled to NHS Continuing Care. The LA did a shoddy job carrying out the DST etc. and treated the family very badly and it was all very distressing. I rejected the LA's financial assessment as I maintained that as joint owners my father's beneficial interest in the property should not have been assessed by dividing the current market value in two and should have based its value on the “beneficial interest to a willing buyer”, which would have made the valuation lower because finding a buyer willing to go into joint ownership with me would have been almost impossible.
Unbeknown to me the LA put a legal charge against the property [they sent three separate letters to the empty property knowing full well my Mother had passed away many years earlier and my Father was in the care home and I was miles away juggling a full time job and family as well as visiting Dad as frequently as possible.
So Dad passed away in 2007 and the house is being let out [with all the worry that brings!] as I am not willing to sell the house and give the LA any money for a man who worked all his life and never claimed a penny piece and who had vascular dementia and other health issues and was entitled to NHS CC. Sorry this is long, the question is - has anyone successfully challenged their LA in a similar situation and won? And what happens when I tell the LR [should have done so in 2007] that I am now the sole owner as the charge should only have referred to my father's share of the property and what happens now he is no longer with us?
The fight goes on, it's the principle of the matter but I am rather weary of it all.
Thanks