Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Am I being unreasonable with my NHS dentist?


michelle456

Recommended Posts

I have always gone private for my dentistry but find I can longer afford it and registered with an NHS dentist, ironically 5 minutes walk, the closest I have ever had.

Now dental charges are shown as:

NHS dental charge bands 2024:

·         Urgent Treatment – £25.80

·         Emergency appointments and any emergency or urgent treatment you need that cannot be postponed.

·         Band 1 – £25.80

·         Dental checkups and if your dentist finds you need any X-Rays or a basic clean (scale) then these are included at no extra cost.

·         Band 2 – £70.70

·         Everything in Band 1 plus NHS treatment provided directly by your dentist (such as fillings, deep cleaning, simple root canal treatments, extractions), and simple changes to dentures (such as adding an extra tooth or relining the fit surface).

·         Band 3 – £306.80

·         Everything in Band 1 and Band 2 plus complex NHS treatment requiring the help of a dental lab such as crowns, veneers, bridges, dentures and mouthguards.

However, the kind receptionist advised me I would be exempt from any charges as I receive Pension Credit.

But when the dentist examined me he told me I would need to pay £75 for cleaning and £400 to have two teeth removed.

When my husband queried this, he was told that the extractions could not be done under the NHS, as they were more complex extractions that had to carried out by an oral surgeon not a normal dentist. They could refer me to a hospital but this could take 6 to 12 months.

We felt they had saved us £306.80 on fees we had expected to pay by telling us about the pension credit, so if they are having to get hygienists and oral surgeons in, maybe they were being fair.

However, we now find the same dentist, who owns the practice and examined me, is carrying out the work, so this all seems a little bit rich.

I feel we are being taken for idiots, but is this the accepted stance for dentists today?

Link to post
Share on other sites

I had to have a complex extraction done and my NHS dentist recommended me to a different dentist (non NHS) who said that it was possible for the NHS dentist to do and was only charged the £70 charge even if it went to the different dentist.

Link to post
Share on other sites

Thanks just_jue. The same dentist is doing the complex extraction as who examined me (he is just replacing his dentist cap for his oral surgeon one). So he is just being selective as to what he does on the NHS which is why I feel I am being scammed or is this common practice for dentists today?

 

Link to post
Share on other sites

To judge by media stories you were lucky to find a NHS dentist at all! The shortage of them probably does mean they can be picky about what they are willing to do, and they are independent businesses not NHS employees even when carrying out NHS dentistry.  I've no personal experience but I suspect the reality is you do it his way or you'll end up with no NHS dentist at all and have to go back to private.

As far as visits to the hygienist are concerned the NHS rules seem vague and open to interpretation. NHS funding covers  "a scale and polish if clinically needed"    but does that mean that routine hygienist visits are covered? I suspect not, scale and polsh is only covered if for clinical reasons it has to be done by the dentist not the hygienist, ie it needs the skills of a qualified dentist for reasons specific to your dental health. Understanding NHS dental charges - NHS (www.nhs.uk)  Just my guess though, I'm not an expert on this.

In theory there are various complaint procedures you could use but I suspect using them would result in the dentist refusing to have you as a patient any longer. It's the market place at work. Most dentists have new customers queuing to registered at the practice whereas we all know how hard it is for people to find an NHS dental practice that is accepting new patients.

 

 

 

  • Like 1
Link to post
Share on other sites

Thanks for your comments, as the title suggests I am seeking other people’s advice on whether my expectations were too great or not.

As you say, I was lucky to find an NHS dentist. Not only that, but I printed a list of NHS dentists indexed by the closest, and with the first call I found someone in the next road. They are so nice there and I was ready to pay the Band 3 NHS charges of £306.80, but the practice receptionist told me I would get an exemption on the fee as I receive Pension Credit. If I have to pay the £475 I will.  

I was just upset to learn the very same dentist was carrying the extractions. The article you attached says the NHS covers “……..removal of teeth but not more complex items covered by Band 3.

Any treatment that your dentist believes is clinically necessary to achieve and maintain good oral health should be available on the NHS.”

I am sure that dentists find NHS work a complete pain, waiting ages for payment and being paid much less than the same work done privately. Maybe I have to accept that dentists today can pick and choose what they charge for. I think I will ask for exactly is covered. The removal of two teeth will require two crowns and this won’t be cheap.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...