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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had some dental treatment last august and was presented with

Customer Question

I had some dental treatment last august and was presented with a form to sign after the first appointment stating I was still in receipt of JSA as I had been on this the previous year. I signed not realising what i was signing ( foolish i know, but fact ) My dentist went straight to NHS debt recovery who wrote to me about 8 weeks after treatment and are charging me £50.50 for the treatment and £100.00 penalty. I feel the dentist should have written to me first asking for payment as I had not refused to pay, I simply wasn't made aware I owed anything.
I had two follow up appointments and on the second appointment I saw a different dentist who asked me if I was still receiving JSA and I said that I was not!! I paid £18.50 and £100.00 respectively. It has now come to light during this saga that they mistakenly charged me the £18.50 and are willing to refund this, so they equally made a mistake....this is a genuine mistake on my part and I have always paid them when requested on every other occasion and have been registered with them for approximately ten years now.
I sent a letter to the senior dentist at the practice ( offering to pay £50.50 for the treatment but asking them to cancel the fine ) on 21st jan and as yet he has not replied, however NHS Debt recovery have contacted them and they are saying the charges still stand.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How much in total is owing and is it the Dentist or NHS that are chasing you please?

JACUSTOMER-7wo3iijw- :

Hi Alex,

JACUSTOMER-7wo3iijw- :

Sorry, NHS debt recovery are chasing this £150.50 in total

Alex Watts :

And they describe it as a £100 penalty?

JACUSTOMER-7wo3iijw- :

yes, and £50.50 for the treatment

Alex Watts :

But they actually say its a penalty?

Alex Watts :

They word it like that? Or are you paraphrasing?

JACUSTOMER-7wo3iijw- :

can i attach the letter for you?

Alex Watts :

Sure

Alex Watts :

Use the paperclip icon

JACUSTOMER-7wo3iijw- :

Full Size Image

Alex Watts :

It is a charge notice. Thats ok.

Alex Watts :

Well this is what I think you can do

Alex Watts :

I dont think you can dispute the notice because you clearly had the treatment,

Alex Watts :

To avoid any further action, ie Court etc you should pay this penalty charge with the NHS

Alex Watts :

You need to write to the Dentist and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-7wo3iijw- :

ok so I pay NHS debt recovery 150.50 and and claim the penalty back from the dentist?

Alex Watts :

Yes I would do that

Alex Watts :

It keeps your record clean with the NHS then

Alex Watts :

Does that help?

JACUSTOMER-7wo3iijw- :

Yes and many thanks for your help and swift response

Alex Watts :

Happy to help. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply.

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex, by rights shouldn't my dentist have written to me first and given me the opportunity to pay the £50.50 as surely going to NHS debt recovery is a last resort and only if I had refused to pay?

Expert:  Ash replied 2 years ago.
Not neccessarily, but you have the course of action.
Alex