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Can this be legal?

(3 Posts)
oxcat1 Thu 09-Jul-15 14:15:49

As a result of serious illness, I receive 24 hour care in my home. Recently some members of staff broke the electric garage door in our rented house, by trying to force it open manually despite me having added large neon signs stating exactly not to do that. In doing so, they broke it. I contacted the agency to ask their insurance to pick up - at least contribute towards - the cost of the repairs, and have received the following response.

"May I draw your attention to the following clause in our Terms and Conditions which is listed in your Care Plan:

The Client shall indemnify TMSL against any costs, claims or liabilities incurred by TMSL arising out of any Assignment and/or as a result of breach of these Terms & Conditions by the Client’."
Can this really be right? Or legal? I have indemnified them against abything, even preventable damage?

Please help.
Can this really be right

prh47bridge Thu 09-Jul-15 17:52:32

That is almost certainly an unfair contract term under the Unfair Contract Terms Act 1977. As you are a consumer they cannot make you indemnify them for any liability they incur as a result of negligence or breach of contract unless the requirement to indemnify them is reasonable (which is highly unlikely).

oxcat1 Thu 09-Jul-15 23:01:10

Thank you so much for that response. Really helpful. What I have found particularly upsetting is that I saw an email today that they have sent round to all members of my care team saying 'Oxcat wants us to pay for her garage door. She has named some individuals. What do you know about this and who do you think did it?'
For a start, this is a private matter between myself and the admin, but more importantly, I feel that this really undermines the good relationship I have with my carers and nurses. I don't care who did it, and I have refused at all stages to name any individuals as I didn't (couldn't) see it happen. It now sounds like I want blood, whereas all I actually wanted was help towards paying for what I fear will be a costly repair in our rented property. Nothing more than that. sad
This again.

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