Jump to content


  • Tweets

  • Posts

    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
  • Our picks

phatram

Dental penalty charge

style="text-align:center;"> Please note that this topic has not had any new posts for the last 759 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I recently received a letter from the NHS informing me I have to pay a penalty charge of £94 on top of £18.80 for my check-up.

in 1980 I was diagnosed with Epilepsy and informed by my GP and my Dentist that due to my medication(Phenytoin) I would not have to pay for dental treatment. I have never been told by anyone that this is no longer the case.

If I now have to pay then that's fine but I have not received any correspondence from the NHS informing me of changes to the rules and I object to a penalty charge for that amount for something I think is not my fault

I've been with this Dentist for over a decade and always fill the form in before the course of treatment and they've not contacted me before.

I do have a NHS Medical Exemption Certificate and I'm in receipt of Tax Credits.

Does anyone know if and when the rules changed?

 

 

Many thanks in advance.

Share this post


Link to post
Share on other sites

You have a NHS medical exemption certificate which just exempts you from prescription charges. Did you also receive a card (I don't know anything about these I'm afraid) from tax credits? That would exempt you on the basis of income.

Share this post


Link to post
Share on other sites

http://www.nhs.uk/chq/Pages/1786.aspx?CategoryID=74

 

 

This is the link to NHS dental charges and exemptions This is what is said about Tax Credit Exemptions

do you have or have you applied for one of these

 

 

you’re named on, or entitled to, a valid NHS tax credit exemption certificate

 

The rules have changed since the 80s and its not really the NHS job to inform you, the onus is on you to ensure you have the correct exemption before you sign the form.

 

 

 

 

Just as an aside is your medical exemption certificate up to date as since 2003 they expire every 5 years ( even if your medical condition is a life long one and not subject to change ) if not you may incur a penalty charge if you sign the back of the prescription saying you have a valid exemption card - You will need to ask your doctor to complete and submit a new FP92A application form if its out of date.

 

 

Like prescriptions the NHS is tightening up the procedures for ensuring everyone who claims free dental treatment has the correct exemption documentation. The Dentist and pharmacists do not see it as their job to 'police' payments which is why the NHS use a separate department to investigate the validity of exemption claims and you do agree to this when you sign the dentists forms and the back of prescriptions.

Share this post


Link to post
Share on other sites

I would argue that it is the responsibility of the NHS to notify people of rule changes. I would not have signed anything knowing I was not entitled to free treatment.

Share this post


Link to post
Share on other sites
I would argue that it is the responsibility of the NHS to notify people of rule changes. I would not have signed anything knowing I was not entitled to free treatment.

 

 

Nobody wants to know = been thru that area with the idiots = complacency by them


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

Unfortunately the NHSBSA don’t agree that it’s their responsibility. On the signature page of each of the forms that we sign to indicate our eligibility for free treatment there’s often a passage to the effect of:

False information may lead to civil or criminal action. We expect the person signing this

form to take reasonable care to make sure the information given is correct. Anyone found

to have wrongly claimed help with NHS health costs will have to pay a penalty charge or

may face prosecution.

If a change in the rules surrounding eligibility have occurred and, in truth I can’t think of much that hasn’t changed since the 80’s, then it’s the responsibility of the person signing it to check. I understand how frustrating it must be, absolutely, but if this were a consumer issue for example, we’d direct people to the terms and conditions of the merchant once we’d satisfied ourselves that the legislative requirements had been met. Unfortunately all Madam Fluff is done is direct you to the very same.


My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

Share this post


Link to post
Share on other sites

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

Share this post


Link to post
Share on other sites

How lawful is the penalty charge and its amount?

Share this post


Link to post
Share on other sites
How lawful is the penalty charge and its amount?

 

 

It would seem so

 

National Health Service (Penalty Charge) Regulations 1999

 

2.3 The NHS Penalty Charge Regulations 1999 came into force on 1 November

 

1999, and are referred to in this document as “The Regulations”.

2.4 Penalties can only be imposed in respect of unpaid health costs arising on or

 

 

after the date the regulations came into force.

 

Share this post


Link to post
Share on other sites

Only in England? Not necessarily, there are slight differences in implementation across the borders but one of the few constants in all areas is the NHSBSA. My NHS experience in Scotland, Wales and England has consistently shown them to be at work.


My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

Share this post


Link to post
Share on other sites

Been paying £11 a month and completely forgot last month and now I've received a letter saying I've been fined £50 for missing a payment. FUMING!

Share this post


Link to post
Share on other sites

I guess anyone would be angry with themselves if they'd made a mistake like that.


My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

Share this post


Link to post
Share on other sites

Is this £50 fine lawful or is it worth challenging?

Share this post


Link to post
Share on other sites

If I may hijack this thread to ask a similar question - 3 months ago my Dentist receptionist accidentally printed off and gave me a list of the £35 charges I used to get hit with about 7 years ago (when I was in a job where leaving to attend appointments was not as easy as it should have been. I'm not there anymore, thankfully) for missing or , more often, being late for appointments. I was surprised to see that over a 2 year period they had charged me over 8 of them. Obviously I paid but I was always curious as to how legally enforceable they were?

Share this post


Link to post
Share on other sites
Is this £50 fine lawful or is it worth challenging?

 

 

 

You have already asked and I answered on post 9

 

 

and if you are still not convinced

 

 

http://www.nhsbsa.nhs.uk/DentalServices/Documents/PrescriptionServices/penalty_guidance.pdf

 

 

but you can appeal

http://www.nhsbsa.nhs.uk/DentalServices/Documents/DentalServices/Appeals_Process_Patient_View-Final-02032015.pdf

Share this post


Link to post
Share on other sites

I've accepted the first "fine" even tho' I have had it confirmed to me I WAS given incorrect info by my dentist, I'm asking about if a late fee of £50 is OTT as a penalty charge for forgetting to pay £11. I've never deliberately tried to rip off the NHS and was told repeatedly over many years I didn't have to pay 'cos of the medication I have to take. When this changed I should have been notified! I am not Mystic Meg.

Share this post


Link to post
Share on other sites

they can and do charge that next £75 no doubt longer not paid. very little time to pay before next fine.


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites
If I may hijack this thread to ask a similar question - 3 months ago my Dentist receptionist accidentally printed off and gave me a list of the £35 charges I used to get hit with about 7 years ago (when I was in a job where leaving to attend appointments was not as easy as it should have been. I'm not there anymore, thankfully) for missing or , more often, being late for appointments. I was surprised to see that over a 2 year period they had charged me over 8 of them. Obviously I paid but I was always curious as to how legally enforceable they were?

 

Could anyone help with my query, please?

Share this post


Link to post
Share on other sites

The National Health Service (Penalty Charge) Regulations 1999 No ...

 

 

legislation.data.gov.uk/cy/uksi/1999/2794/made/data.htm?wrap=true

 

 

google it

  • Haha 1

:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

Oh well someones got to pay for the health tourists eh?

Share this post


Link to post
Share on other sites

Not necessarily, nhsbsa just wanted you to pay for your own treatment.


My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

Share this post


Link to post
Share on other sites

That I was told repeatedly I did not have to pay for!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...