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23 Jan 2002 ---------- 1) Before I issue what shall be our side of events, may I state that we have not yet recieved a "Right of Reply" thus my reply is view these comments. 2)The matter surrounds the completion of a contract offering the supply of a cleaner and the payment in advance of a quarterly retainer. SelClene was contacted by the mother in law of the complainant (the Client) asking us to supply a cleaner for a regular number of hours per week, with a cash payment for the hours worked to the cleaner and an Agency fee per hour payable quarterly. The initial conversation for the arrangement of this was over the telephone and took at least 20 minutes. An interview was arranged with Mr E (the owner of the local franchise) who went to the Clients house, completed and explained the paperwork. A cleaner was then arranged and infact went and cleaned on a number of occasions. It was only until the cleaner was sick, and we were contacted to cancel were we made aware that the Client suffered from Dementia. We were asked to issue a refund, to which the contract states there is no refund for payments made in advance, and we offered the services of a cleaner to the Client ( we have later even offered the services of a cleaner to the Complainant who has never contacted us, but has dealt with us through her husband). After researeching the subject of Dementia, the symptoms of which if had been detected by our appointer Mr E, may persuaded us NOT to complete the contract were simply not visible to us on the date of contracts being signed. We therefore acted fairly when we completed the paperwork. Subsequently we were informed that a Power of Attorney was in force and therefore we had no legal right to complete the agreement, when in fact we were not aware of this factor. We then found out that if someone suffers Dementia, they have no ability to complete a Power of Attorney, but need the Courts to complete a Court of Protection General Powers of Attorney Form. This was not done adn was confirmed in a conversation with 2 Counties Radio who have also investigated the so call complaint. We have suggested that if the Complainant wishes that seh take us to Court, but have pointed out that the Client will be forced to give evidence. (and having one court cases, I appreciate this is not something that is enjoyable). We have also been advised that Medical evidence exists to support the Clients complaint that she is in fact very ill. We also
understand the trauma of such and illness, but this fact does not warrant
that we refund the Client. |