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jkco2020

Junior Member
Hello, I live in Colorado.

I enlisted the services of a Professional Care Provider Service for my Mother in May of 2007. They received my written authorization to make 1 weekly visit per week for 1 hour to start. Later, I did give them written authorization via e-mail to make the 1 hour weekly visits and every other week a maximum of 2 – 1 hour visits if need be.

There were ongoing critical problems with this business such as not purchasing groceries for my Mother and not disposing of spoiled foods in her refrigerator, which was the primary reason they were hired.

In July I began watching for an individual to use along with this agency and eventually replace them if they were more responsible. I found a great person in September. As it was also getting close to the time to tend to my Mother’s coal furnace this was the primary service this new person was hired to do as well as keep an eye on my Mother’s food supply.

I told the owner of the Professional Care Provider Service 9-19-07 that I had hired this other individual to tend to my Mother’s Coal furnace and heating needs. The following week of 9-24, I was charged for 3 visits all of which included them checking the furnace and also making false reports such as there is no coal and furnace not even ready to start. I knew differently because I had been to my Mother’s. The following week of 10-2, I was charged for 2 visits. When I got the September bill, I terminated this Care Provider’s services.

Am I liable legally for payment of the 2 unauthorized visits made the week of 9-24 especially considering the furnace was none of their concerns and the false reports?

Thank you,

Jean
 


BL

Senior Member
Hello, I live in Colorado.

I enlisted the services of a Professional Care Provider Service for my Mother in May of 2007. They received my written authorization to make 1 weekly visit per week for 1 hour to start. Later, I did give them written authorization via e-mail to make the 1 hour weekly visits and every other week a maximum of 2 – 1 hour visits if need be.

There were ongoing critical problems with this business such as not purchasing groceries for my Mother and not disposing of spoiled foods in her refrigerator, which was the primary reason they were hired.

In July I began watching for an individual to use along with this agency and eventually replace them if they were more responsible. I found a great person in September. As it was also getting close to the time to tend to my Mother’s coal furnace this was the primary service this new person was hired to do as well as keep an eye on my Mother’s food supply.

I told the owner of the Professional Care Provider Service 9-19-07 that I had hired this other individual to tend to my Mother’s Coal furnace and heating needs. The following week of 9-24, I was charged for 3 visits all of which included them checking the furnace and also making false reports such as there is no coal and furnace not even ready to start. I knew differently because I had been to my Mother’s. The following week of 10-2, I was charged for 2 visits. When I got the September bill, I terminated this Care Provider’s services.

Am I liable legally for payment of the 2 unauthorized visits made the week of 9-24 especially considering the furnace was none of their concerns and the false reports?

Thank you,

Jean
What did/does the contract state about dates of service ?
 

jkco2020

Junior Member
RE What did/does the contract state about dates of service ?
Thank you for your reply.

It is a “Private Pay Client Contract” provided by the Care Provider and they are the ones who filled in the blanks. It was sent to me and I signed and dated it. I sent it back to them and the owner of the agency signed and dated it and send a copy back to me. On the sheet pertaining to this matter is:

Start of Service Date: 5-22-07
Hours Requested: 1 hr.
Days: 1 day wkly to start

It was signed and dated by me on 5-31-07. It was signed and dated by the owner on 6-4-07.

Later in July via e-mail I approved of a shot visit every other week to make a grocery list. (see below) NOTE: the short visits every other week was a mutual idea of the Care Provider and myself.

The Care Provider never did make any short visits as what I was billed for was 1 hour per week and 2 hours every other week to make the shopping list, which I never said anything about. But when they charged me for 5 visits in 9 days, I said something and dismissed them. I have not sent them their final payment yet.

From: xxxxxxxxx
To: xxxxxxxxx
Subject: Re:
Date: Thu, 26 Jul 2007 02:42:31 -0400

Hello xxxxx,

Yes, that is what I was thinking we could try i.e. “The only other thing I would approve on a trial basis would be in addition to the weekly visits, every other week when groceries are to be gotten, a short visit to make the list of groceries needed i.e. every other week an additional short visit but not every week.” (for making a shopping list). We will see how things go.
 

BL

Senior Member
Am I liable legally for payment of the 2 unauthorized visits made the week of 9-24 especially considering the furnace was none of their concerns and the false reports?
You should write a letter of dispute and require an answer in writing sent RRR Certified mail keeping a copy , and the receipt unopened , before small claims .

This will show you tried in good faith to resolve the issues .

If they insist on payment , you can try mediation , or small claims .

Pay , and write " contested payment " on the back of the check , then sue .
 

jkco2020

Junior Member
Than you very much, Blonde Lebinese for your reply. Your advice is very much appreciated.

I sent them an e-mail and told them that my final offer would be to pay their bill less the 2 additional hours during the week of September 24th. I have not heard from them. If I do not hear from them by Tuesday, I am going to send them the check less the 2 hours and from there see if they invoice me for those 2 hours. Naturally, I feel obligated to pay them what I owe per our agreement even though I question them even making the visits they bill me for. It is more the matter of principal and their disregard for our agreement than the money.

Jean
 

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