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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Good morning My mothers care home have kept back a

Customer Question

Good morning
My mothers care home have kept back a refund of approximately £5500 because her continuing care is being paid by Croydon and there is a shortfall of £125.50 per week her care was funded by Croydon from 5 August 2013 and we paid 2 months on top August and September and they are refusing to refund these two payment stating the above shortfall, is this legal?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that they are proposing to use the £5500 as a "fund" from which to deduct the weekly shortfall until the fund is exhausted please?

Joshua :

From what you say you paid the two payments to the care home prior to the council confirming care funding?

Joshua :

Notwithstanding the above fund they are holding, who is proposing to pay the shortfall? Would you propose to do so?

Expert:  Christine-cssm replied 4 years ago.

We received your customer service inquiry, however, we are unable to respond to you because we do not have your valid email address. Please contact customer support [email protected] and provide us with your correct email address and a link to this question page so that we can help you.


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Expert:  Joshua replied 4 years ago.
May I continue to assist you with this matter?
Customer: replied 4 years ago.

Thank you Joshua

NHS Continuing care paid the home from 5/8/13 we were told that she had been given Continuing care funding on 10/9/13 this was a letter sent to the Care home passed on to my brother we were never directly informed by NHS, we then asked for a refund of amounts overpaid, and received no reply until 24/2/14 when they told us they were using the money overpaid for the shortfall, this could have been paid out of her pension had we been given the opportunity to decide for ourselves, my brother and I have POA for my mother who is 96 and in a very poor condition.

Neither the Care home nor the NHS have ever replied or clarified any queries we have asked them, and I want to know if we should pursue this matter legally, I have made an official complaint to the home.

Expert:  Joshua replied 4 years ago.
My apologies for the delay in reverting to you. Thannk you for the above.

Could you clarify:
1) where did the money come from that they are now holding - your mothers account or your own?
2) the shortfall referred to is this the top up amount you propose to pay?
Customer: replied 4 years ago.

Thank you for your help, problem is being dealt with by Nursing Home solicitors.



Expert:  Joshua replied 4 years ago.
Thanks. If you need any further assistance in any way with this please do not hesitate to contact me.

Kind regards