Deceased fathers care home fees

[Carman6]

Thanks everyone for your helpful advice*

[Carman6]

Hello again, I am now being told if I don't start paying them this month, then I will get a ccj I've explained I have no spare money each month*

[ostell]

Hang on, how are they going to get a CCJ against you?* It's not an automatic process there are little things like paperwork and issuing a claim and a court appearance.* And how are they going to show that you have a contract with them to pay?

Ask them for a copy of the contact they have with you that shows your liability.

[Carman6]

OK I'll try that thanks

[Carman6]

The company I was paying is hains and Lund recoveries on the phone today he said I don't want to worry you but he said they or he works for lifestyle care management limited and if they decide to take me to court or instruct hains & Lund to take me to court I will end up with a ccj if I don't start to pay*

[des8]

Threats from debt collectors should be ignored.
Their aim is to remove your money from you anyway possible, and threatening you with CCJs is standard b******t.
As pointed out first the care home will have to take steps to follow the courts preaction protocol.
They then have to initiate court action, and then win (which is far from certain)
If they do win you then have 30 days to pay before your credit records can be affected.

Ignore the debt collectors and wait and see if court procedures are initiated
Hains can't take you to court anyway

[ostell]

So a SAR to the care home requesting all the data they hold about you

[Amethyst]

You were executor of your Father's estate?
Is the amount they are claiming just the arrears from when he lived at the care home? The debt is now at £1300 ?
If they 'take you to court' they have to issue a claim, provide evidence ( contract etc) and show exactly how the amount being claimed has been arrived at. They should send you a letter before action ( which you should be able to reply to requesting documents) before they issue any claim, and I believe the claim would have to be against the estate of your father.

Have you asked them, Hains or Lifestyle, for copies of all the relevant documents and a breakdown of what was owed yet ?* As the others have said, a SAR to Lifestyle is a good idea ( Subject Access Request Letter ).

Hains Lund are just a debt recovery company - not a solicitors. If Lifestyle wanted to take you to court for the £1300 they would have to either do it themselves or instruct actual solicitors to act for them. So don't be intimidated by Hains Lund at all.

We only recommend litigationif we believe that there is a realistic chance of the debt, fees, costs and any interest being paid by the debtor.

This process involves first sending a Letter Before Action (LBA) to the debtor, which gives them 7 days to respond before proceedings are issued. Often receiving the LBA is enough to encourage the debtor to pay the debt before the matter becomes more serious.

If the debtor does not respond (or does not respond favourably), we can then instruct our solicitors to prepare the papersto issue proceedings. In these circumstances, there are up-frontcourt fees and solicitors costs to be paid. In virtually allcases these are added to the debt and they are recoverablefrom your customer.

We have engaged a panel of solicitors in each of the three jurisdictions in the UK - England and Wales, Scotland, and Northern Ireland. We are also able to instruct a partner firm in the Republic of Ireland. While the process and protocols are not identical between these different jurisdictions the basic principles are the same and we are able to manage the process for you.

[Carman6]

Hi there, I wrote on here in January about care home fees for my late father, I was advised by ostell to request a Sars from the care home which I did I then informed hains Lund that I did that because at first I asked Haines Lund for a Sars and they told me I must ask the care home for that he said he would put a hold on things for a few weeks until I received the Sars but as up till now I haven't heard anything back from the care home or hains Lund so I don't know what to do now should I contact care home or hains lund. Best regards carman

[ostell]

They have 30 days to respond to a SAR so it looks like they have gone past that time. The good thing is that they may have not come back because they have nothing and they realise that all those threats will get them nowhere but some additional costs for solicitors fees. (Any action would be on the small claims track and solicitors fees are not normally claimable from the defendant).* Also your request shows that you mean action and you know more than they thought

Letter to the ICO complaining that the company have not responded to a SAR.

[Carman6]

Hi, sorry for being a bit thick but what is or who is ico.*
​â thanks for all your advice. Best regards carman

[ostell]

Information Commissioners Office* A quick Google would have found it.* *https://ico.org.uk/make-a-complaint/

[Carman6]

Thanks again to all who helped me with this problem. Best Regards Carman*