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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My late grandfather paid in full in advance week

Customer Question

Hi. My late grandfather paid in full in advance for one week respite care at a care home believing he had booked a penthouse suite with ensuite facilities. However when we took him to the care home the room wasn't what had been described to him and despite being moved/shown a second room which was smaller and still not an ensuite he changed his mind about staying. The care home have refused to engage at all with any letters or phone calls requesting a full refund. My grandfather was not told the payment was Nonrefundable and he did not sign anything nor was he sent any brochure/documents which stipulated the payment was Nonrefundable. Sadly my grandfather passed away 6 weeks after this but I am now trying to recoup all or at least some of the payment through the small claims court. Are the family entitled to a refund please advise? Thank you. Matt
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I already have instigated proceedings and am due to go to telephone mediation on Thursday 21st January. I would like to know beforehand what my rights are on behalf of my grandfathers estate. I am executor.
Expert:  Ash replied 1 year ago.
Yes its refundable UNLESS they told you it was non-refundable. Further if there were any fees to be deducted they would have to be reasonable fees associated with the work done to date. If no work took place you are entitled to it back.
Does that help?
Alex
Customer: replied 1 year ago.
Thanks. No he was not tOld the payment was Nonrefundable nor is there any contract or document in existence saying there was. I am prepared to deduct a days staff costs from the claim as that is only fair and reasonable in my view so thank you very much for your advice.
Expert:  Ash replied 1 year ago.
Good luck and I think you have a decent claim.
Alex
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