Small Claims Court case: vs. Adult Social Care

edited 12 August 2011 at 10:51AM in Over 50s Money Saving
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edited 12 August 2011 at 10:51AM in Over 50s Money Saving
Some of the details of my problem are in this post.

In a nutshell, I filed a case online against ASC, concerning the 50% disregard of my husband's occupational pension when he was assessed for nursing home fees. It's quite a clear case and the only problem is why they have allowed it to get this far.

However, after filing the claim I discovered I had miscalculated -- they actually owe us a few hundred pounds more than I claimed for. This is because I have been making partial payments towards my husband's care home fees all along, about £400 per month and then one final payment of £1500; I only claimed for the amount that is now still unpaid, that is, £1600 approx.

What I needed it to do is work our exactly how much should have been disregared in the initial asessment, and work it out from there: the total fees added up to £5900; I have now paid all but that final £1600. In fact, ASC should have paid half of the total.

I am a bit mathematically challenged; that's why I made this mistake in the first place. We really need the money.

What do I do now? I could let the present claim go ahead and when they have paid, claim the balance from them informally, as it would mean they have virtually admitted to their fault. Or I can dismiss this claim and start again, with a new claim.

As my husband is now in Germany there will be no more ongoing fees to pay.


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