Dentist fine

[Aarti]

Hi all,

 

I am new to this site and have a bit of a query at the moment.

 

I was previously on ESA benefit but came off of it last October as I was well enough to return to work.

 

When I visited my dentist in April for a check up I let them know I had come off of benefits,

asked to pay for my treatment and asked them to take me off of the benefits list.

 

 

I filled out the health section of the form they gave me but didn't fill out the payment bit

as I thought the receptionist had understood that I was going to be paying for the treatment.

 

About a month later I had a letter from the dentistry head office saying that they believe I was trying to claim free dentistry while working

and that they were going to fine me around £155 which I had to pay within 21 days.

 

 

I called them up and they advised me to speak with my dentist and ask them to send in proof that I paid (I used debit card).

 

 

After talking with the dentist I thought it was sorted out as they said they would send across the proof.

 

After 21 days I received another latter saying they were going to start court proceedings against me.

I had to physically go to the dentists to pick up receipts of payment as had misplaced mine

and posted them with a covering letter recorded delivery (after being advised by someone at the dentistry call centre not to do that).

 

When I called them to confirm they had received the letter

they advised me that on my dentists form I had apparently ticked the box claiming to be in receipt of benefits and signed it.

 

 

I have asked them to send me a copy of said form and they are refusing to.

I do not recall filling in a payment type form at the dentist and only recall filling in the health check part of the form.

 

I have been told that I need to write an "appeals letter" to them within the next 21 days to protest my innocence although I paid in full at the time of treatment.

 

I am currently seeking local free legal advice as believe that a letter on headed paper from a legal company will have more clout than writing in on behalf of myself.

 

Does anyone have any helpful advice on what my next steps should be?

I do not believe I should have to pay a fine and be taken to court

and do believe this has been an admin error on the part of the dentist.

 

 

On the phone the person i spoke with at the head office said that I am liable to pay as have signed the form (apparently it's in the small print).

 

Comments please...

[dx100uk]

dentists cant fine anyone anything

they are not a judge

 

 

dx

[Aarti]

Thanks dx, have been trying to get in touch with citizens advice today which is the usual nightmare.

[dx100uk]

if theres anything to pay and its related to benefits etc etc

that's the DWP's debt.

 

 

and if they have used the word fine in any letters or communication they need to be reported to the authorities.

[CrappoMan]

If you have the receipt, keep it safe and if they do follow up with their threat and take you to court, simply present the receipt to the judge. Any mistakes on the form are just that, mistakes. The receipt shows intent to pay.

 

Also, never ever EVER send originals to anyone. Keep them for the judge and the taxman.

[dx100uk]

TBH pers I'd ignore them

 

 

you paid, end of.

 

 

if someone ticked the box afterwards that's not your issue

they are being greedy and trying to spoof you.

 

 

 

 

if they want to goto court over this

[which I doubt it says that, bet it doesn't say WILL anything]

 

 

then let them.

the judge will laugh them out the door

dx

[Aarti]

thanks

[citizenB]

On the form - was there a box for both scenarios.. eg - in receipt of benefits and not in receipt of benefits ?

 

If and only if they were planning on issuing a claim against you - then they would have to disclose that form. You could also send a Subject Access request to them and the form should be part of the data you receive back.

 

If you have made payment for your dental work, I am not seeing what their problem is !!

[Aarti]

Thanks

 

I have sent in an "appeals letter" today outlining that i shouldn't have to pay penalty charges as paid in full at the time of treatment. I did ask on that letter that they send all information on me which they have to me. Will do a subject access request form as well and get it sent off asap.

[Aarti]

[ATTACH=CONFIG]58990[/ATTACH][ATTACH=CONFIG]58991[/ATTACH][ATTACH=CONFIG]58992[/ATTACH][ATTACH=CONFIG]58993[/ATTACH][ATTACH=CONFIG]58994[/ATTACH]

[AndyOrch]

The above is nothing to do with your recent visit to the dentist...its not from your dentist...that is sent out periodically to check if you are still entitled from the NHS Business Survey Authority.

Just ring them up and explain you use to be and are not any longer and the last treatment was paid for...if they want proof send them a copy of your bank statement.

 

Andy

[Aarti]

Hi Andy,

 

I have rung them twice and explained but they are still wanting to charge me. I have already put it in writing to them and have had to send a second letter to explain that I did pay at the time and was not claiming benefits at that time but they won't drop it.

[AndyOrch]

If they wont drop it then there is nothing further they can do...they cant take you to court without evidence...so file it and ignore.

[mikeymack2002]

Could this be the dentist doing a double whammy and got caught out? In as much as charging you then putting the x in the box for a benefit payment too? If so you need a copy of the form sharpish...

[Aarti]

SAR's getting posted in today

[Aarti]

HAve called the NHSBSA and the dentist today (recorded) and let them both know they have Subject Access Requests waiting for them and have 40 days to provide the data.

 

NHSBSA let me know that they have a backlog in post and have received the letter but haven't processed. I have had a 28 day extension put on my file.

 

I have been asked to drop in to the dentist tomorrow, on their records they have me down as paid up and not on benefits. They should be showing me the form tomorrow and possibly giving me copies.