Reclaim Care Home Costs for Free- New MSE guide

MM80

Hi,

Thanks for reply and link.

I think on page 6 point 19 covers it.

They should work out both methods and award the bigger amount - make sure you ask for their calculations both ways before accepting.

I think ours makes a difference of over £10k just in the variations on how interest can be calculated.

Congrats on your success tho :-)

How long ago did you send/start your application?

* Also did you have to go through a complaints procedure or did it go through normally?

margf

Hi


Thanks I submitted the claim in September 2012, the panel hearing was in February 2014. I have been told it may take a while for the payment details to be forwarded to me when I spoke to my local CHC office and I was advised to ring them if I had not heard after 1 month.

MM80

Hi,

So there is some hope then.....

We did our application same in Sept 2012.

Just found out from sols this week that progress is virtually NIL - and that not even the care home is providing records - despite numerous efforts/requests from sols.

We are going through South London Commisioning Unit - and our solicitors say it is one of the busiest - but seems to take the pith!

If we were to owe anyone money and ignore them from 2012, any judge/court would condemn us...

MM80

sorry....

also did you have to pester and badger for progress ?

margf

MM80 wrote: »

sorry....

also did you have to pester and badger for progress ?

Not a problem, happy to help with any questions anyone may have regarding this matter, I called them every month for an update.
Not entirely sure what you mean by complaints procedure, my mother was initially incorrectly banded and I submitted a retrospective claim form which my local CHC office advised me had insufficient evidence and that they would obtain records and the case would be heard by a panel which I had the option of attending, I attended and had to put my case over and answer questions put to me by the panel

Dollar49

I started a claim in September 2012, within the time limit and it is still going on. It is being delayed now as the home has changed ownership and neither the new owners or the previous ones are helping as the payment records and half the care records are missing. Still plodding on, though with the help of a "no win no fee" lawyer, who was recommended by Dom Littlewood on TV programme where a lady was successful in a similar claim.
Apparently, the original owners keep the records, but problem is, they are ignoring requests for copies. Any ideas out there?????

MM80

Dollar49 wrote: »

I started a claim in September 2012, within the time limit and it is still going on. It is being delayed now as the home has changed ownership and neither the new owners or the previous ones are helping as the payment records and half the care records are missing. Still plodding on, though with the help of a "no win no fee" lawyer, who was recommended by Dom Littlewood on TV programme where a lady was successful in a similar claim.
Apparently, the original owners keep the records, but problem is, they are ignoring requests for copies. Any ideas out there?????

Reading what people have put - maybe complain via your MP to NHS. It should also be their responsibility to obtain the necessary paperwork, and I understand that if no paperwork is available they have to proceed with the case as new, and can't make assumptions themselves. Maybe ask your MP if the NHS should obtain 3rd party records; if you were to request all relevant health records under the Access to Health Records Act? There is info on web about the AHRAbut I cannot post any links yet as a newbie :-)

Dollar49

I have the health and care records, although part of that is missing, but it is the copies of the payment records I need, and the claim is against the NHS.

MM80

Hi,

19-04-2014 4:14 PM Dollar49 I have the health and care records, although part of that is missing, but it is the copies of the payment records I need, and the claim is against the NHS.

If the NHS and your solicitor have all medical and care home records except for payment details - I do not understand why they can't undertake a review into eligibility.

Surely the financial implications should have no bearing into ones medical needs? I would ask the solicitor to press ahead and concentrate more on trying to find out if they're going to say "yes" or "no" to the claim first.

Dollar49

Thank you for that MM80. I thought that too, so I am assuming that they are going to say yes, as they want to know what has been paid and proof of payment. I have managed to obtain several cheque copies and statements from two helpful banks. Am waiting for the third one with the largest number of cheque transactions to get back to me about costs, hopefully not too much for me to pay out. At least, I feel I am progressing now.