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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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I am now unemployed (made redundant). Whilst employed, my

Resolved Question:

Hi, I am now unemployed (made redundant). Whilst employed, my family was covered by private medical aid. My husband underwent serious treatment for kidney stones in 2014, and the final treatment was in Jan 2015. The doctor has a new PA who has now discovered that the previous PA made accounting mistakes and he is now demanding we pay over £1, 000 over two months. Due to our financial circumstances we can't afford this. I offered him £50 a month, but he won't accept this. As the accounting errors were not my fault, does he have the right to demand I pay at all? And can he demand I pay such large amounts? I would have to sell my car which means I would be unable to go for interviews?
Thank you, Misty
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

If you accept that these were genuine accounting errors then you are liable for this cost. However they cannot simply demand and expect to enforce payment over an unreasonable period.

There is no reason why your insurance company should not pay this if it was in respect of the treatment which was covered by insurance.

If it is not covered by insurance for some reason and you pay it, I will tell you how to deal with that. If the insurance company in your opinion are liable for this, and they simply will not pay, then make a complaint to the fails, make a further complaint to the Financial Ombudsman Service.

Ultimately you are liable for this, paid £50 per month and ignore the protestations. It is likely, even if they issued court proceedings straightaway, that this would not be in court for probably 10 or 12 months by which stage you would have already paid back half of the money and the court are then unlikely to make any order than to pay the £50 per month back continuing until the debt is extinguished.

They did take it to court based upon the circumstances here it is possible that the court would say they are being completely unreasonable and award costs against the doctor even costs are not routinely awarded in the Small Claims Court.

Just keep paying £50.

Can I clarify anything for you?

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Best wishes


F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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