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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi - I am a disabled wheelchair user who has had to enter respite

Customer Question

Hi - I am a disabled wheelchair user who has had to enter respite care at a home for the elderly. More or less ever since staying at the home I have suffered from shabby abhorrent or non-existant service which I am sure is illegal as they have a legal duty of care to me as a physically disabled (no mental) vulnerable adult. I have been kept awake for long hours due to slamming doors, offered just soup and sandwiches every night for tea along with other residents whom are not aware of their rights. I have been left excessive periods waiting to get up and often not had the chance to have a bath or shower for over a week plus due to understaffing levels.
I made complainys by email to the owner who sent his head of operations, she agreed my problems were unacceptable in July and promised big changes would be happening in a few weeks, these promised changes never transpired so I had to endure these problems until I told them that I was going to withold my fees because they have refused to supply a satisfactorty service and failed to fulfill their promises to improve therefore left me no other viable choice,

I had a meeting with the accountant and offered to pay the missed payments at a reduced pro-rata level that reflected the diminished service they have supplied to me, they turned my offer down and have said only full payment would be accepted and they now have told me they intend to serve me with a 30 day notice to vacate which will be served tomorrow 1st Nov. Please can you tell me where I stand legally in all this.?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

What does your contract say about cancellation / termination please?

JACUSTOMER-3u65ruky- :

Please can you use my email address - [email protected] which I registered ages ago but for some reason wont let me re-register it. The address [email protected] is just a sub address of the above main address?

JACUSTOMER-3u65ruky- :

Are you still waiting?

Alex Watts :

Sadly we need to speak via this site.

JACUSTOMER-3u65ruky- :

not sure how this all works Alex so please bear with me.

JACUSTOMER-3u65ruky- :

okay but do you need me anymore tonight ?

JACUSTOMER-3u65ruky- :

Shall I check my email?

Alex Watts :

Yes do you have a contract and if so what does it say about cancellation / termination?

JACUSTOMER-3u65ruky- :

Never had a contract !

Alex Watts :

Ok, you can do 3 things:

Alex Watts :

1) Contact Social Services at the Council and tell them about the conditions you are living in

Alex Watts :

2) Are the care home who they are regulated by and then make a formal complaint to that body

Alex Watts :

3) Seek a Court order declaring that they can not remove you.

JACUSTOMER-3u65ruky- :

OK - tried 1 social worker aware i was witholding but not notice yet

Alex Watts :

You can do this either by seeing if you can get help from your local Citizens Advice Bureau or by completing form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n008-eng.pdf and taking it to your local county court.

Alex Watts :

The Court can consider your complaint and Order them not to remove you pending a full hearing when you can raise all these issues.

Alex Watts :

But here are 3 legal options for you. Clearly the 3) one is last resort.

Alex Watts :

But these types of homes will be regulated and Social Services or the Regulator should be able to take action for you.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-3u65ruky- :

ok thx for now will consider - goodnight and ty for help :)

Alex Watts :

If this answers your question I hope my service has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/