Care home fees

[Freddy90890]

I have just received a letter from a DEBT company saying I owe the local authority care home fees for my mum before she passed away
i have called the care home and they say the last payment from them was Oct 2016
is this covered under the statute of limitations?

[atticus]

Why do they say that you owe the money?

When did your mother die?

[Freddy90890]

She passed in Oct 2019. I have contacted the home and they say the last payment they got from the LA was Oct 2016. From then until her death, it was paid from the proceeds of selling her house. I had the power of attorney
They say I should have paid them back when my mums house was sold but I’ve heard absolutely nothing until now

[atticus]

If the debt was paid from the proceeds of the house sale, what is the problem? I don't understand.

[Pezza54]

Did your mum have a deferred payment agreement with the LA that hasn't been paid?

[Freddy90890]

It seems so

[Freddy90890]

Although I didn’t arrange that or sign for it.

[Pezza54]

It should have been repaid 90 days after the sale of the property. When the property was sold did the conveyancer mention a charge on the property?

[Freddy90890]

There was no charge on the property.

[Pezza54]

You should contact the LA and ask for a copy of the deferred payment agreement
There is no 6 year limit on LA claim for deprivation of assets, so I doubt there is a 6 year statute barred claim on a DPA

[Freddy90890]

And what if I didn’t sign the deferred payment agreement?

[Pezza54]

You need to read the t and cs of the DPA. The DPA would cover the death of the recipient of the loan

[atticus]

Freddy90890 are you your late mother's executor? Has money due been paid? If not, what happened when the house was sold?

[Freddy90890]

I paid off the care home and anything else I knew was due. I didn’t know anything was owed to theLA

[Freddy90890]

The fees to the care home that were due from the time the LA stopped paying to when the house was sold