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Dear all
I bought my parents' council house in the North with them in the 1980s as I was worried they would have to move out as there was only two of them in a 2.5 bed house and they'd lived there for 30 years! My mother died leaving myself and my father as joint owners. My father developed vascular dementia and went into a care home. I maintained he had a medical condition and was therefore entitled to NHS Continuing Care. The Health Authority disagreed obviously and took all his money and decided the shortfall should be paid by me!
The Health Authority was aware of my address some 200 miles away and after filling in numerous forms were well aware that my mother was no longer alive and that my father was in a care home, yet they instructed the Land Registry to put a charge against the house and three letters were sent to the house, one addressed to me [living 200 miles away] one addressed to my father [living in the care home] and one addressed to my mother [who had died some years previously]. The house had been rented out and the tenants didn't alert us to the mail until a month had passed by which time our objections couldn't be registered. So
1] was it legal of the Health Authority and Land Registry to act in this way - given I wasn't given the opportunity to object?
2] can a charging order be put on a property without a court order?
3] are there any time restrictions on such a charge?
I have had to rent out the property [very reluctant landlord] as unable to sell because of this charging order and the case still rumbling on with the Health Authority [since 2007].
Yes I know the NHS needs funding but a lot of that is down to bad management and to put this into perspective my Father served in WII and worked down the mines all his life, never claimed anything from anyone, saved up to buy his house in his later years [only possible as I bought it with him and Mum] and both of them scrimped and saved. Then at the end of his life after paying all his dues the Health Authority abandoned him. As an ex miner he was also entitled to a quarterly delivery of coal, the Health Authority worked out how much that came to and added that to his list of assets and decreed how much contribution he would need to make. I think he was left with about £10 per week for 'personal' spending money! The whole thing is a disgrace.
If anyone can offer any advice it would be very gratefully received. I paid an 'advocate' £500 some years ago to deal with the Health Authority on my behalf as working full time, with children and having to drive up North most weekends was exhausting. This person promised to deal with the matter but sent only two emails on my behalf and didn't resolve the issue.
Thanks
Toni
I bought my parents' council house in the North with them in the 1980s as I was worried they would have to move out as there was only two of them in a 2.5 bed house and they'd lived there for 30 years! My mother died leaving myself and my father as joint owners. My father developed vascular dementia and went into a care home. I maintained he had a medical condition and was therefore entitled to NHS Continuing Care. The Health Authority disagreed obviously and took all his money and decided the shortfall should be paid by me!
The Health Authority was aware of my address some 200 miles away and after filling in numerous forms were well aware that my mother was no longer alive and that my father was in a care home, yet they instructed the Land Registry to put a charge against the house and three letters were sent to the house, one addressed to me [living 200 miles away] one addressed to my father [living in the care home] and one addressed to my mother [who had died some years previously]. The house had been rented out and the tenants didn't alert us to the mail until a month had passed by which time our objections couldn't be registered. So
1] was it legal of the Health Authority and Land Registry to act in this way - given I wasn't given the opportunity to object?
2] can a charging order be put on a property without a court order?
3] are there any time restrictions on such a charge?
I have had to rent out the property [very reluctant landlord] as unable to sell because of this charging order and the case still rumbling on with the Health Authority [since 2007].
Yes I know the NHS needs funding but a lot of that is down to bad management and to put this into perspective my Father served in WII and worked down the mines all his life, never claimed anything from anyone, saved up to buy his house in his later years [only possible as I bought it with him and Mum] and both of them scrimped and saved. Then at the end of his life after paying all his dues the Health Authority abandoned him. As an ex miner he was also entitled to a quarterly delivery of coal, the Health Authority worked out how much that came to and added that to his list of assets and decreed how much contribution he would need to make. I think he was left with about £10 per week for 'personal' spending money! The whole thing is a disgrace.
If anyone can offer any advice it would be very gratefully received. I paid an 'advocate' £500 some years ago to deal with the Health Authority on my behalf as working full time, with children and having to drive up North most weekends was exhausting. This person promised to deal with the matter but sent only two emails on my behalf and didn't resolve the issue.
Thanks
Toni
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