Penalty Charge Notice prescription charges from NHS - lapsed HC1?

[lionalcook]

hello all,

to cut a long story short

 

 

- i had a hc1 form for being exempt from nhs charges (free prescriptions) due to low income....

.the last time i got a prescription the hc1 had run out and i was not aware.

 

 

.i ticked the 'exempt' box on prescription and now have had a letter from the NHS Business Authority saying i have to pay a penalty charge notice of £50.

 

i cant afford the prescriptions let alone a penalty

- I've emailed them as the letter says if you can show you didnt act with carelessness they will remove the penalty

- I also sent a letter from my Doctors saying I couldnt affford the penalty

and he advised them not to pursue and remove the penalty but they wont.

 

What I want to know is will bailiffs come to collect the penalty or will it have to go to court first?

 

If it goes to court I will attend with my doctors note and proof I'm on a low income etc.

 

I live in a room at my Dads house...will the bailiffs be able to enter his house?

 

thanks for any help/advice.

[Bazooka Boo]

You can forget any idea of Bailiffs knocking, it isn't as easy as that.

 

They have to go to court first, then win, and then the judge has to decide the best course of action to take to recover hte 'penalty' fee.

 

This isn't going to happen.

 

What you might get is some powerless tin pot DCA sending you intimidating letters in a vain effort to threaten you into paying money you don't owe.

[lionalcook]

thanks bazooka boo

 

I wasnt too sure of the procedure - i was thinking it was a fine which got me worried...

i've been trying to find out what i can do (if i've googled correctly) to 'put them off' pursuing this and if this is going to cause me much grief if i dont pay....

 

1. i can send a cheque (that will bounce as i havent any cash in account) with 'payment under duress' and they write the job off as too much hassle.

 

2. let it go to court and attend to tell them my circumstances.

 

so am i correct in thinking that this 'penalty' is not a fine as such and it wont go to court and get me a ccj?

is it a civil matter and not a criminal offence?

 

is it like just a company trying to get me to pay a bill - can they really do anything thats going to mess my credit record as I have never had bad debt and always paid all my debts up.

 

if i get letters from debt collection firms - should i just ignore them????

 

thanks for any other help.

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[Madamfluff]

First of all bazooka is wrong you DO owe the money and it looks like its a criminal matter rather than a civil one

 

 

Have a look at this

 

 

http://contactcentreservices.nhsbsa.nhs.uk/selfnhsukokb/AskUs_ECS/template.do?name=What+if+due+to+financial+hardship+I+can%27t+afford+to+pay+the+charges%3F&id=23574

 

 

click on the box 'about your charge'

 

 

I hope you do get it sorted but its the patients responsibility to ensure they are actually exempt, the NHS (quite rightly) are cracking down hard on people who claim free prescriptions when not entitled which of course will mean that some people who make genuine mistakes will get caught in the cross fire, which is why I hope you get it sorted.

 

 

I have noticed that all my local pharmacies have posters and leaflets about possible penalty charges

[Bazooka Boo]

First of all bazooka is wrong you DO owe the money and it looks like its a criminal matter rather than a civil one

 

Maybe you were tired?

 

If you read my response, I didn't say that the OP 'didn't' owe the money.

The charges they levie ARE penalties, it even says so on the form.

 

This is a genuine mistake, which will be sorted.

 

There will be NO bailiffs, which is what the OP was concerned about, and on the link you posted it even states that court proceedings ''may'' apply.

 

Nothing but intimidation and bluster, ruddy sleeper cells.

[Madamfluff]

Maybe you were tired?

 

If you read my response, I didn't say that the OP 'didn't' owe the money.

The charges they levie ARE penalties, it even says so on the form.

 

This is a genuine mistake, which will be sorted.

 

There will be NO bailiffs, which is what the OP was concerned about, and on the link you posted it even states that court proceedings ''may'' apply.

 

Nothing but intimidation and bluster, ruddy sleeper cells.

 

 

 

 

Sorry yes you did you said and I quote

 

 

sending you intimidating letters in a vain effort to threaten you into paying money you don't owe.

 

 

Now you may think that its not owed because its a penalty but anyone signing the back of a prescription knows a penalty charge may be applied it says so on the notes at the top.

 

 

All the tick boxes on the back ask about current or valid exemption and its up to people who claim to ensure their exemption is valid or current.

 

 

I myself up to March this year had a medical exemption card as I have an underactive thyroid and have to take thyroxine, I will have this condition until I die yet still had to renew my card every 5 years, now I am 60 I get my meds free anyway. My age and DOB are on my prescription so I don't have to show anything, but if it wasn't I would have to carry ID in the (forlorn) hope that someone wouldn't believe I am that old and query it.

 

 

I hope I honestly do hope that the OP gets it sorted and the penalty dropped, but your talk of intimidation, threats, bluster is IMO totally out of order, you seem to think that not paying the penalty is the same as not paying a catalogue company sorry its not.

 

 

Have a look at the link to see how much fraud or mistakes cost the NHS, and then say people shouldn't be investigated if found to have claimed without the proper documentation to show they are exempt.

 

 

The OP is lucky that they are able to get free prescriptions on a low wage, I am lucky that I got free prescriptions for 20 years because of a medical condition and now free prescriptions because of my age.

 

 

 

 

http://peepsvote.co/prescription-fraud-easy-even-idiots-can-crazy/

[Madamfluff]

OP I hope you get it sorted there is a complaint procedure on the first link I sent if you have any problems

[AndyOrch]

Irrelevant posts edited/removed......Please lets keep this civil.

 

Regards

 

Andy

[lionalcook]

ok,...thanks. i know i owe the money,..but thats not what i need advice about.

if paying the 'penalty' was an option i wouldnt be asking what would happen if i dont....the fact remains that i havent got the money to pay for any prescriptions let alone a penalty - my Doctor knows this as i've showed him the proof hence why he wrote a letter stating i simply cannot afford the money and advised the NHS not to pursue and to drop the penalty because of my conditions.

 

all im asking about .. is... what will happen now (court/bailiffs/debt collection agencies) and is there anything i can do to limit the impact of this(how to get the nhs business authority to drop the penalty/court advice/how to avoid the debt collection aganceys/have i commented a criminal offence)????

 

any help/facts/guides is appreciated

[Madamfluff]

Have the NHBSA actually written and told you that they are still pursuing the penalty charge even though your GP has sent them the relevant details have you seen this on the first link I posted

 

 

A person who wishes to challenge the request for payment of a penalty charge by the NHS Business Services Authority (NHSBSA), may explain their circumstances to the NHSBSA and if they can demonstrate that they did not act wrongfully, or with any lack of care, they will not be subject to a penalty charge.

 

The NHSBSA also has discretion to waive the penalty charge where the person concerned provides compelling reasons for making an incorrect claim for exception. A person who is not satisfied with the handling of their case may use the NHS complaints process to make a complaint against the NHSBSA. Ultimately, this can be escalated to the Health Service Ombudsman. You must exhaust the NHSBSA complaints procedure before the Health Service Ombudsman will consider your case.

 

Click here to view the NHSBSA complaints procedure.

 

 

Link again

 

 

http://contactcentreservices.nhsbsa....es%3F&id=23574

[Madamfluff]

The other thing that is confusing me is that you say your HC1 has lapsed , looking on the NHS choices website the HCI is the form you fill in to be awarded an HC2 or HC3 certificate and I assume you have been awarded one of those which has now expired

[lionalcook]

cheers madamefluff,

 

yes - theyve emailed me a number of times and still just say the penalty remains.

 

I've emailed them 5 times explaining that my Doctor has requested they quash the penalty .

..even in his letter it says i am an exeptional case and he wouldnt normally write a letter

...i've also explained other things that show i have an exeptional reason and havent acted without carelessness.

 

It was a HC2 form i had.

 

I dont think they do remove the penalty in exeptional cases.

..i reckon they just say that and pursue everyone which is why i need to know what to do

once the deadline is up as its obvious they arent going to quash the penalty.

 

I've done everythign i can to sort it out with them but they wont budge

- so i have to accept what they intend to do .

..what that is i do not know?

 

the only thing i do know for certain is that i wont be able to buy my medications for my conditions.

...which adds to the worry and will now be a viscious circle

as the last time i had a bout of my illness i couldnt walk/sleep for 4 days and nights.

...which then means i dont get paid......

.at least when i had the exemption i didnt have to worry about paying for multiple meds

[Madamfluff]

Ok first things first have you reapplied for a new HC2 exemption certificate assuming your income is the same as when you first applied and is low enough to qualify then there is no reason why you shouldn't be awarded another certificate, after all had you been aware that your current one is no longer valid you would have been perfectly entitled to a new one once your details were checked - so try that first.

 

 

Also have a look at this link http://www.nhs.uk/NHSEngland/Healthcosts/Pages/Prescriptioncosts.aspx it gives you details of how you can get the costs down and even if your medical condition warrants a medical exemption certificate - it lists all the conditions although as your GP has been so helpful I would assume he would have let you know but its worth a try.

 

 

Please go to the complaints section of the link to the nhs bsa and file a complaint not just sending an email but a proper complaint go to about your charge then its the third one down how to make a complaint this will take you to a link that shows their complaint procedure. Say you are making a formal complaint and get your GP on your side.

 

 

You can try CAB or even a solicitor who gives 1/2 hour of free advice to give you the help you need, I might seem hard on people who cheat the system (and I am) but in a genuine case like yours I am appalled that they are so inflexible.

 

 

What you cannot do is be in a situation where you are ill and without meds

 

 

There is one other option I note that they can be flexible if part of your financial situation is debt and if your are signed up to a debt mamangement company even if you are not it may be worth contacting a company like https://www.turn2us.org.uk/ who again may help

 

 

Good luck