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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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On the 22th July 2014 I paid my dentist by cheque £232.52 for

Customer Question

On the 22th July 2014 I paid my dentist by cheque £232.52 for dental treatment. a few days later they told me my cheque hadn't been honored, thinking it was because I was in the throws of changing my bank from HSBC to The Halifax I thought it was because I issued the cheque before my account had been opened at the Halifax and subsequently wrote another cheque which was honored. Some time later I discovered both cheques had been honored and asked the dentist for the return of £232.52, she refused telling me only one cheque had been cashed. The Halifax made their own enquiries and discovered my first cheque had in fact been credited to the dentists other account 'Bright on Smiles on the 6th August. I have given the dentist written proof of my banks findings but she still refuses to return my money or for me to see her bank statement for 'Bright on Smiles' showing whether the cheque went into that account as my bank tells me. I'm a pensioner and cannot afford to lose this amount of money and ask for your help and advice.
Mr. Lionel Harwood.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

It seems clear that your dentist owes you this money and should repay it immediately. You can follow this link to get a model of a complaint letter to your dentist from provided by the General Dental Council. Fill it in and tell them that if you do not get a refund within 14 days you will report them to the General Dental Council and issue proceedings in the small claims court for recovery of the money.

Customer:

The small claims court is designed to be usable without solicitors for either the claimant or the defendant. This is the line to the government site providing guidance on how to do it https://www.gov.uk/make-court-claim-for-money/overview.

Customer:

Hopefully making the threat will be enough. You should include proof of the payments in the letter you send to the dentist.

JACUSTOMER-0mp02l0s- :

Shahla Imani, dds & associates

JACUSTOMER-0mp02l0s- :

Dear Madam,

JACUSTOMER-0mp02l0s- :

Dear Madam, I have been given expert legal advice from the ombudsman representing the dental profession who advises me after examining the letter of confirmation from the Halifax Clearing Centre that my first cheque for £232.52p was indeed credited to your Bright on Smiles account on the 06/08/2014 and therefore you should return that amount back to me. Despite my numerous attempts to reason with you, you still refuse to return my money or to supply proof that it wasn't credited to your account on the 6th August 2014. Under the difficult circumstances you are creating we have no alternative other than to demand a refund within 14 days and to report you to the General Dental Council. Your immediate reply and explanation by return please

Customer:

That seems fine but you should include a copy of proof of the transaction (eg a print out of your statement with cnfidatial information removed). You have also not threatened court action, I assume that is deliberate.