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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78665
Experience:  Qualified Solicitor
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Morning. I have a problem with a care agency who looked

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Morning. I have a problem with a care agency who looked after my mother and are demanding over £4000 after the carer left my mother as they say I owe them for 28 days notice of end of contract
JA: Where are you? It matters because laws vary by location.
Customer: My mother was in Bexley
JA: What steps have you taken so far?
Customer: I've lodged a complaint some of which they agreed with and reduced the amount by£200 as a gesture of goodwill!!
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I paid an invoice last week of £125.48 which I asked was this the final invoice. They confirmed it was but i had no idea of the exact amount left to pay until after i sent that payment. Invoices previously had been for live-in care in spite of it stopping on 7th May
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 12 days ago.
Hello

I understand a care agency is demanding payment for termination of a contract, based on their cancellation terms. Have they provided you with details of this from your agreement with them?

Customer: replied 12 days ago.
No. They keep wanting me to sign an online document but I haven't done so
Customer: replied 12 days ago.
There was a4 week suspended period while the care stopped and they argued I hadn't given 2 weeks notice of that but I had. They admitted they'd made a mistake and then started saying I'd have to pay the 28 days end of contract even tho noone had been in the house caring for 28 days....

OK thanks, ***** ***** they directed you towards their terms that state you need to pay this fee?

Customer: replied 12 days ago.
No. I expect if I read and signed the document it would be in there

OK and so that I can best advise, what specifically would you like to ask about this please?

Customer: replied 12 days ago.
My brother signed to original doc in September last year
Customer: replied 12 days ago.
I don't think they should be demanding £4000 when the care had stopped

I understand and so that I can best advise, what specifically would you like to ask about this please?

Customer: replied 12 days ago.
Do I have to pay in full?

OK I understand and thank you. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 12 days ago.
Thank you

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. Can I check where the alleged 28 day notice period originates from/. Was it in the contract with the other side?

Customer: replied 12 days ago.
Customer: replied 12 days ago.
I presume so. My brother had the signed contract

Have you actually checked it to see what it says about notice?

Customer: replied 11 days ago.
I don't have it. Might be at mother's house 70 miles away
Customer: replied 11 days ago.
At the time it was signed my husband had just died so I wasn't really with it

Thank you very much for clarifying. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to go be going through.

Your rights will primarily depend on what was in the contract and whether there was in fact a stipulation to give a minimum notice period in order to terminate the agreement in place.

If there was and it said that a 28-day notice period was due, then even if you did not require the carer to work that time, they must still be paid for the notice period. This is standard practice for any employment-related notice period. Only if the carer or their employer did not want to work the notice period will you be able to refuse payment.

So the main question is whether the carer was ready and available to worm the notice period under the contract and if they were, then the notice pay would be due to them as per contract.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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