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NHSBSA Penalties - Anyone gone further yet?

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I received a Penalty letter of £100 from NHSBSA all because my dentist registration lady misled me into believing that I was entitled to free dental treatment.

 

I have gone through Stage 1 & 2 complaints procedure to no avail.

Now, they have said I can go on to the Ombudsman if I am still not happy.

 

My argument is

- I was told I was entitled to free dental because I showed the lady my NHS Medical Exemption Card and asked if being diabetic, was I entitled to free dental as well?

 

The lady said yes I was and asked me to sign the FP17FR form.

I signed but didn't tick any box of date it because I didn't see any relevant boxes that applied to be.

 

I thought she was the expert right?

I haven't been to a dentist in 10 years.

 

the next time I went was 9 months later,

the same thing happened

- I got the form to sign and I did

but once again,

I didn't tick or date the form.

 

A few weeks later, I got a shock in the post

- a penalty of £100 plus the dental charges of £56.30.

 

phoned up and asked them what it was about

- they told me I falsely claimed free dental.

 

said I had a Medex card

- they said that was not inclusive of free dental.

 

said the dental lady said I was entitled

- they said I signed the form and ticked the box and dated it.

 

I went back to the dentist and asked why they gave me the wrong info

- the owner told me I was responsible for signing the form

 

When I asked to see the forms, I saw that the first form I signed had no tick and no date

- but the second form someone in the dental surgery had actually ticked and dated the form - the handwriting was different.

 

Then to illustrate my point

- the owner and I both noticed that the first form was still unsigned and undated

- and it was submitted to NHS which had rejected the payment because of that so that was why the NHSBSA didn't/haven't penalised me for that "false claim" yet.

 

I asked for copies of the forms but the owner refused to give them to me

- she said she will only give it to NHS if they asked for them.

 

After my complaints to NHS, they spoke to the owner's husband (also an owner) and he said I was welcome to get copies of the forms.

 

I went to get them

- imagine my surprise when I saw that now, both forms had been ticked and dated -

 

obviously the first one by someone in the dental surgery and probably resubmitted to NHS for their claim. How devious is that?

 

After being told by me that I had been fined

- they didn't ask me to pay for the dental fees for the first treatment

- and instead preferred to tick and date the form and resubmit it to NHS!

 

So now, I am left wondering, if I agree to pay £100 penalty for the second form, will it be a matter of time before the first from gets flagged up and I get another penalty?

 

Has anyone gone on to the Ombudsman or even to court to fight their case?

Edited by dx100uk
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