FAQs

When it comes to legal or financial issues you might have questions. We’ve collected some of the questions we’re more frequently asked here. If you need any further information please don’t hesitate to get in touch

Elderly Health FAQs

There has been a lot of publicity regarding this. You may be aware that a cap of £72,000 has now been introduced by the Care Act 2014. Whilst this was scheduled to come into law on 1st April 2016 the Government is likely to delay this – possibly until 2020.

Anyone who wishes the cap to apply to them will now have to have an initial assessment by their Local Authority, as the relevant Local Authorities will be responsible for monitoring the rate at which an individual progresses towards the level of the cap. This means that Local Authority’s will now have to ensure that they assess all self-funded care home residents who previously may not have wanted or needed Local Authority involvement.

Once an individual has been assessed, the Local Authority will determine the proportion of the care home fees which will constitute the ‘care’ element and which will count towards the cap figure. They will only base this figure on the amount, which the Local Authority would usually pay for care, which is usually far, less than the average privately paid care home rate.

A sum of up to £12,000 per year will be disregarded for ‘hotel’ costs (daily living expenses such as food & utilities).

In reality the cap on care home fees is not likely to make a significant financial difference to the vast majority of care home residents, and introduces many new responsibilities for already over-stretched Local Authorities together with many new areas of potential disagreement.

For a very reasonable cost (usually less than one – two weeks of care home fees) OpenDoor can provide you with clear, bespoke advice as to your legal and financial position and provide you with certainty as to the effect the new legislation will have upon you or your loved one.

The Health and Social care system is extremely complex to navigate, especially during a period of crisis. It can be extremely difficult to understand what decisions have to be made and the consequences that may follow on from these decisions.

Our service has proved invaluable to our clients, as we are able to help them understand the choices that are available and the help to which they are entitled.

There are many occasions when our assistance has ensured that our clients are in a much better financial position, for example when we have identified incidences of procedural irregularity during financial or clinical assessments. Sometimes this has resulted in savings of tens or, in extreme cases, hundreds of thousands of pounds.  On other occasions it is not money at stake, but the quality or quantity of services that are being provided.
Other times we are simply able to spend time with clients to explain in detail why the Local Authority or NHS has acted in the way they have, and to reassure clients that they are being treated correctly. This will often alleviate any stress or frustration, which may be building up as clients try to battle against a system they find difficult to understand.

There are very many Health or Social Care assessments, which may take place as care needs increase, and it can be difficult to understand the purpose of assessments and how important the results of these assessments can be.

Significant assessments are those carried out by the Local Authority to assess your care needs and whether you should pay for these; also assessments by the NHS for Continuing Healthcare and Funded Nursing Care.

It is human nature for us to answer “I’m fine” when asked how we are, but this can lead to our needs not being fully understood or met in the way they should be and so it is crucial that any assessments are accurate to ensure the right outcome.

OpenDoor can ensure that you understand the relevance and importance of any upcoming assessments, and are fully prepared for these. We can even arrange advocacy support from independent Social Workers and Nurse Assessors who can support you.

It can be difficult and time consuming to appeal against erroneous assessments so it is far better to do your best to ensure that the assessment is accurate in the first place.

In the first instance, please contact the person who is managing your matter, or their supervisor whose details will be provided to you upon request.  The complaint will then be investigated and reported back to you as soon as possible.

For more information on our complaint procedure please visit our How to complain section.

This is an area where some initial legal advice can make a huge financial difference, given the significant cost of private care home fees. Our experience is that individuals and their families can often be confused or even misled about the funding which is available to them, and this can lead to massive financial detriment.

We can give you very clear advice about what funding should be available to the resident of a care home, whether from the Local Authority or the NHS.

Our fees are likely to be less than the cost of one or two weeks of care home fees, and could save you tens of thousands of pounds. It may equally be that we can simply reassure you that the right amount of money is being paid for care, and no disadvantage is being experienced thereby alleviating any underlying concerns.

Given the frequency with which we see financial disadvantage and confusion occurring, it will always be worthwhile taking the time to obtain professional legal advice.

There are usually specific procedures for appealing against or requesting a review of assessments, which you are not happy with, or, for resolving disputes that may occur.

The person who has carried out the assessment should provide you with information about the relevant appeal/review procedure, and it is important that you note any specific time frames for requesting a review or appeal. If you do not comply with these time frames then you may lose the opportunity to take the matter further.

It is also important that requests for appeals or reviews are made to the correct person and/or address, which may be different to the person who carried out the assessment you are not happy with. If you do not make your request to the correct party then this could cause a substantial delay, which would be detrimental to you.

You must comply fully with any official dispute resolution procedure before being able to escalate an issue to the relevant Ombudsman.

OpenDoor has substantial experience in the dispute resolution procedures which are utilised by the NHS and Local Authority, and which can be extremely difficult to navigate. We can provide you with clear advice and assistance as to both the procedure you should follow and how to increase your prospects of a successful outcome.

Essentially this depends on the amount of help you would like us to provide.

Our hourly charging rate is £120.00 per hour plus vat, so if you just want half an hour of advice, we will charge you £60.00 plus vat, or two hours of work will cost £240.00 plus vat. You are in charge and you set the budget that we will work to. There will be no unexpected bills or nasty surprises.

If there is a lot of work involved we will always try to accommodate a request for a fixed price – just ask us.

Full terms and conditions can be found here

To find out more please visit our How we charge page.



PPI FAQs

The Financial Conduct Authority (FCA) has announced that the deadline for PPI claims is 29 August 2019. That means that if you’re still looking to submit a claim for mis-sold PPI and get compensation, you’ll need to make sure you’ve done this by this date. You can read more about this in our PPI claims deadline blog.

Although you are able to contact financial institutions directly this can sometimes seem daunting. Some customers may experience delays or simply don’t have the time or inclination to handle it themselves. We take away all the admin and time pressures and it’s in our interests to get you the right result.

It is also the case that a high percentage of claims are rejected by providers in the first instance, which we have experience in overturning.

We have a specially trained team of experts who know what is needed when dealing with these types of claims. We’ll take all the hassle out of claiming by obtaining all the required information at the start of the claim and ensure you don’t have to deal with the banks, airlines or other providers directly.

As a firm regulated by the Solicitors Regulation Authority we are heavily regulated and adhere to higher levels of compliance compared to other claims management firms. We also have a team of in-house solicitors should we need to scrutinise any claims and correspondence as required.

No. Unlike some of our competitors we don’t ask for an upfront fee. And should your claim be unsuccessful you will not owe us any money.

In the first instance, please contact your claims manager, or their supervisor whose details will be provided to you upon request.  The complaint will then be investigated and reported back to you as soon as possible.

For more information on our complaint procedure please visit our How to Complain page

We will undertake your claim on a no win-no fee arrangement. If successful our fee will be 25% plus VAT of the total amount recovered. For example:

If your refund is £1,000 our fee will be £250 plus VAT.
VAT is 20% of £250 = £50
Total fee payable to us is £300.

Full terms and conditions can be found here
To find out more please visit our How we charge page.

The usual turnaround time for this sort of claim is 10 weeks, including admin, processing and postage time.

The Financial Conduct Authority (FCA) normally insists that all complaints are investigated within an eight-week period. In some cases, depending on the bank or firm involved, we have had payouts within the eight-week timeframe.

If the provider refuses to accept the complaint we can refer it to the Financial Ombudsman Service (FOS). Then the timescale can increase by up to a further two years.

We will endeavour to keep you informed at regular intervals about the progress of your claim.

Fees are collected once an offer has been paid. You will be invoiced directly, as the lender normally pays the balance directly to you or offsets it against your current balances. OpenDoor can accept payment over the phone using a debit or credit card, or via a bank transfer. If a bank or financial provider forwards the compensation directly to us to then pass to you, we will deduct our fee first and then send you a cheque for the balance.

  • One of our claims managers will collect all the required information during your initial advisory call.
  • Approximately four days later you will receive your ‘claim pack’. This will include two copies of our Terms and Conditions and a Letter of Authority for each claim being processed.

To be able to act on your behalf and proceed with your claim, we need to have signed and completed Letters of Authority and Terms and Conditions relating to each provider we will be dealing with.  

  • Once we have received all required documents, from you, one of our specially trained claims managers will be assigned to you and they will issue a letter of complaint to the respective provider.
  • We will deal with the provider directly, chasing an acknowledgement of the complaint and ensuring all requests for further information are dealt with promptly.
  • A response will be received from the provider, which our claims managers will review. You will then be contacted to discuss how you would like to proceed. If the complaint has been rejected you may have the option to refer the complaint to the FOS.
  • Should your complaint be referred to the FOS, your claims manager will explain the rules and regulations and how we will refer the complaint for you ensuring it is presented in the strongest possible way.

If your claim is successful, you’ll receive a refund of the premiums you paid plus interest at a statutory rate, which currently stands at 8%.



Mis-Sold Packaged Banking FAQs

Although you are able to contact financial institutions directly this can sometimes seem daunting. Some customers may experience delays or simply don’t have the time or inclination to handle it themselves. We take away all the admin and time pressures and it’s in our interests to get you the right result.

It is also the case that a high percentage of claims are rejected by providers in the first instance, which we have experience in overturning.

We have a specially trained team of experts who know what is needed when dealing with these types of claims. We’ll take all the hassle out of claiming by obtaining all the required information at the start of the claim and ensure you don’t have to deal with the banks, airlines or other providers directly.

As a firm regulated by the Solicitors Regulation Authority we are heavily regulated and adhere to higher levels of compliance compared to other claims management firms. We also have a team of in-house solicitors should we need to scrutinise any claims and correspondence as required.

No. Unlike some of our competitors we won’t take an upfront fee. If your claim is unsuccessful you will not owe us any money.

In the first instance, please contact the person who is handling your matter, or their supervisor whose details will be provided to you upon request.  The complaint will then be investigated and reported back to you as soon as possible.

For more information on our complaint procedure please visit our How to complain page.

We will undertake your claim on a no win-no fee arrangement. If successful our fee will be 25% plus VAT of the total amount recovered. For example:

If your refund is £1,000 our fee will be £250 plus VAT.
VAT is 20% of £250 = £50
Total fee payable to us is £300.

Full terms and conditions can be found here
To find out more please visit our How we charge page.

Ten weeks is the usual turnaround time for a successful claim including admin, processing and postage time.

The Financial Conduct Authority (FCA) normally insists that all complaints are investigated within an eight-week period. In some cases, depending on the bank or firm involved, we have had payouts within the eight-week timeframe.

If the provider refuses to accept the complaint we can refer it to the Financial Ombudsman Service (FOS). Then the timescale can increase by up to a further two years.

We will endeavour to keep you informed at regular intervals about the progress of your claim.

Fees will be collected once an offer has been paid. You will be invoiced directly, as the lender normally pays the balance directly to you or offsets it against your current balances. You can pay OpenDoor over the phone using a debit or credit card, or arrange a bank transfer. If a bank or financial provider forwards the compensation directly to us, we will deduct our fee and then send you a cheque for the balance.

  • One of our claims managers will collect all the required information during your initial advisory call.
  • Approximately four days later you will receive your ‘claim pack’. This will include two copies of our Terms and Conditions and a Letter of Authority for each claim being processed.

To be able to act on your behalf and proceed with your claim, we need to have signed and completed Letters of Authority and Terms and Conditions relating to each provider we will be dealing with.  

  • Once we have received all required documents, from you, one of our specially trained claims managers will be assigned to you and they will issue a letter of complaint to the respective provider.
  • We will deal with the provider directly, chasing an acknowledgement of the complaint and ensuring all requests for further information are dealt with promptly.
  • A response will be received from the provider, which our claims managers will review. You will then be contacted to discuss how you would like to proceed. If the complaint has been rejected you may have the option to refer the complaint to the FOS.
  • Should your complaint be referred to the FOS, your claims manager will explain the rules and regulations and how we will refer the complaint for you ensuring it is presented in the strongest possible way.

If your claim is successful, you’ll receive the fees you paid plus interest at a statutory rate, which is currently 8%.



Delayed Flight Claims FAQs

Yes you can. There are some steps below to show you how.

  • Firstly make sure you have checked your inbox for any booking confirmation emails.
  • Contact the travel agency you used to ask if they still have a copy of your booking confirmation.
  • Contact the airline requesting a subject access request. However they may charge you up to £10 for this.
  • If all of the above fails, don’t worry we still may be able to process your claim. Get in touch and we can help.

 

The amount of time taken to settle a claim will depend on every individual case. As a general rule the turnaround period can be up to three months. This is largely dependent on how far the airline decides to defend the case. You can rest assured we will ensure we do our best to make sure your claim is settled as soon as possible.

Once you have filled in the online enquiry form, a claims manager will contact you to find out further information on your claim. If your claim is eligible a pack will be sent out to you. Once you receive this we will follow up with a courtesy call to help you answer any questions you may need clarification on.

When you have completed the questionnaire, and signed the Terms and Conditions, you’ll need to return this in the prepaid envelope provided in the pack.  Upon receipt of the pack, we will process your claim. Our turnaround period for this is usually 3 working days.

All the airlines have different processing times for claims. As a rule of thumb we tend to allow them a month before we decide whether to escalate your claim with court proceedings or to the airline’s regulatory body. Depending on whether this goes to litigation or not, it is hard to predict the exact length of time legal proceedings will take. However, we will regularly update you on the progress of your claim.

We will undertake your claim on a no win-no fee arrangement. If successful our fee will be 25% plus VAT of the total amount recovered. For example:

If your refund is £1,000 our fee will be £250 plus VAT.
VAT is 20% of £250 = £50
Total fee payable to us is £300.

Full terms and conditions can be found here

To find out more please visit our How we charge page.

In the first instance, please contact your dedicated claims manager, or their supervisor whose details will be provided to you upon request.  The complaint will then be investigated and reported back to you as soon as possible.

For more information on our complaint procedure please visit our How to complain page

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