Home care company refusing refund

[peter p]

My elderly relative was unable to care for himself so a local home care company was engaged to care for him twice a day, each visit being for half an hour.
The company was paid in advance over £700 this was to provide help for 21days and a contract for this care was signed.
Nine days later he worsened and was taken into Hospital, the care company being immediately informed.
He was diagnosed with terminal cancer and passed away a week or so later. Again the care company were informed within 24 hours of his passing.
Either during this phone call or one a couple of days later, a refund was requested and the manager said they would look into it.
Nothing more was heard so a follow up email was sent and their reply said under the terms of the contract, no refund would be made, referring to section 1.3 of the terms & conditions, that I attach a copy off.
A formal complaint was made pointing out the contract was not clear noting the absence of a period in the section and that the terms were considered unfair to justify withholding over £400 of unused service charges.
The reply also said it was their final word on the matter.
After studying the contract we felt/realised that clause 1.3 of the T&C's did not, in our opinion, apply because he had only had 9 days of service and therefore we felt that section 1.1 applied as he was in his first month of care that they refer too as "an assessment period.
We emailed them again pointing this out. They replied that irrespective they had kept his "slot" open in case he returned home and needed care and if none was available he would not be able to come home and therefore it had to be paid for. They were not asked and we were not given the option to keep his slot open.
The NHS website says that they will provide up to 2 weeks free care at home that could be extended to 6 weeks if necessary, once someone is considered suitable to return home. So we feel they had no obligation to keep the slot open and should have asked if we wanted them to do so.
While in Hospital this man was stolen from (money & belongings), I now feel he is being stolen from again.
The contract makes no mention of what happens if a client passes away.
I have tried to keep emotions out of the situation and feel this is unfair, opinions please.

[atticus]

I agree that in the circumstances described, clause 1.1 applies.

[islandgirl]

I would say 4 or 5 days is to be refunded (7 days notice has to be given so notice on day 9 brings us to day 16) so approx £166. I do not see where the £400 figure comes from or am I missing something?

[dslippy]

It is difficult, but keep emotions out of this. Yes, there is a gap in the T&Cs. Not enough has been said about the exact terms on which the first payment was made to be sure.

A sum may be repayable, but if so, it is for the deceased's PR to chase it, and the company are right not to deal with the OP. It does of course depend on the value of the remaining estate, but it would not be worth taking out a grant for this amount only.

[peter p]

I would say 4 or 5 days is to be refunded (7 days notice has to be given so notice on day 9 brings us to day 16) so approx £166. I do not see where the £400 figure comes from or am I missing something?

Sorry I was wrong in my first post, should have read "they were to provide 27 days of care". I arrive at £400 plus as follows:-

The original invoice was for 27 hours @ £26.00 per hour (split as 2 x 1/2 hour periods each day), a total of £702.00.
He used 9.5 hours, being £247.00, minus this from the £702 leaves £455.
with 7 days notice taken out (£182) leaves a balance of £273 at a minimum that should be returned.
I think my maths are correct :-)

dslippy
I agree the T&C's have a gap in them but I am not sure why you mention about the first payment being made etc.
The company were paid in advance at the start of his care and on his passing there was £455 worth of care services not used

His only child, a young daughter, is the Executor of his estate and sole benefactor, she is dealing with them, not me, I have made no contact with the company.. I am assisting and supporting her during a difficult time She is very angry because she feels her father is being stolen from.

[islandgirl]

Thank you for the clarification but I still think the company would have the right to spread the amount paid over the total period contracted and deduct the number of days used. In your original post you said that £400 was withheld?

[peter p]

Thank you for the clarification but I still think the company would have the right to spread the amount paid over the total period contracted and deduct the number of days used. In your original post you said that £400 was withheld?

That is exactly what I said.
They were contracted and paid in advance for 27 hours of care @ £26 per hour = £702 (or to provide care for 27 days in two half hour periods per day)
The client used 9.5 hours of the pre paid & contracted care hours (9.5 x £26.00) =£247
Therefore £702 minus £247 of care already provided = £455 or 17.5 hours @ £26 per hour of care that the client paid for but never received.

I did say in my original post "to justify withholding over £400 of unused service charges."

The question I need answering is:-
Is the company right, when considering the sections of the contract they have referred to (and wording of the same), to refuse a complete or partial refund of the £455 of unused care charges that the deceased client (and his advocate) paid for but did not use?

Besides the section of the contract posted in my first post I have examined in detail the rest of it and there is nothing more that covers what happens should a client pass away while contracted to them for care to be provided.

[islandgirl]

I see you reasoning but I also think the contract which was signed says you have to give 7 days notice. One approach is to look at the hours used, as you have. I look at the days of the contract and spread the cost over those meaning a refund of around £166 as explained above. It is a matter for negotiation with the company concerned I believe.

[dslippy]

Has an executor's grant been made in the estate.

[peter p]

Has an executor's grant been made in the estate.

Probate has been applied for a couple of weeks ago, just waiting for it to be granted.

[dslippy]

Good. Some people deal with the executor before a grant, but in this case it would be wrong to make a refund except to the holder of the grant.

[peter p]

Good. Some people deal with the executor before a grant, but in this case it would be wrong to make a refund except to the holder of the grant.

I understand what you are saying, his daughter is the Executor and probate will be granted to her.
She also signed the care contract as his Advocate. Would this mean she can pursue this in that capacity?

[dslippy]

No. Signing as an advocate invites all sort of questions which might be lived with on the signing but can acuse problems at any later stage. Get the grant and take it forward then.

[peter p]

No. Signing as an advocate invites all sort of questions which might be lived with on the signing but can acuse problems at any later stage. Get the grant and take it forward then.

Thank you for the advice, the care provider has so far refused to consider a refund of any sort. If that continues I assume the only redress she will have is through County Court as we can find no governing body such as an Ombudsman to take the case to.

[kemobetter]

Thanks for the advice in this thread! This is the reason I don’t trust home care companies.
I prefer to either look after the people I care for myself or send them to trusted assisted living apartments in warm states like Florida. They have extended plans and provide additional care to the person based on conversations with relatives and doctors. I like that they have a medical professional there and are ready to help anytime. But an even better thing is that they don’t break the patient’s privacy and independence too much. It’s not like a hospital, and you are not supervised all the time. You get to live your own life there (https://seniorsite.org/assisted-living/FL).