Direct debit - set up incorrectly and money demanded years later

carol428

About 3 years ago I took out dental plan, whereby I agreed to make an annual payment on a direct debit basis. Each time I visited the dentist thereafter, they advised me that there was no charge for any treatment as it was covered by the plan. This went on indefinitely, and I assumed that the money had been debited from one of my bank accounts on the anniversary, although I could not recall the exact month when payment would have been deducted, I assumed it had been automatic. After a couple of years, I realised that I could not recall any mention of the payment on any statements, but I was still assured on each visit to the dentist that no fees were payable. On my last visit, I was sure that it must have expired, but as soon as I mentioned to the receptionist something about taking out a payment plan, she assured me I was already covered. Not convinced, I went through the latest year of bank statements and can see that no money has been deducted. That was last autumn and today the dental surgery have finally realised their mistake and have phoned me, accusing me of cancelling the direct debit (not true at all) and asking for about 3 years worth of back payments. Can they demand payment, given that it was their mistake that they (1) failed to set up the direct debit correctly and (2) continued to assure me on each and every visit to the dentist that I was not liable for any payments? Moreover, if they think I cancelled the direct debit, why did they keep assuring me that I did not need to make a payment each time I visited the dentist? Thanks for reading!

ThumbRemote

You still owe the money. However if three years is a lot to pay all at once, suggest a payment plan to them. This will be far better for them than trying to pursue you for the money.

agrinnall

Do you really want somebody that you owe lots of money to delving into your mouth with pointy instruments?

hollydays

Get a letter from your bank explaining what happened, hand it to them.
However, you realised no payments had been taken last autumn but failed to act?

giraffe69

I think you have to pay however if they have accused you of cancelling the DD when you hadn't I thin they should bear some responsibility so I would either

a. move dentists and make an offer to pay some but not all of the payment owing. They may decided if your offer is reasonable that it is not worth pursuing you for it all.
or
b. Stay with them and make an offer to either pay over time or negotiate a modest reduction if you pay up front stressing that you now have to find a sizeable sum in a short time and that they have accused you of something you did not do re cancellation.

When all is said and done you have some responsibility to check payments and take action when you have noticed something is wrong. Saying "is it all ok then?" to the receptionist when you know it is not doesn't really put you in a stronger position.

pendragon_arther

Is it s...a...f...e..?

arcon5

Is what safe

Hintza

carol428 wrote: »

On my last visit, I was sure that it must have expired,

Does this translate as;I knew they weren't taking payments?

agrinnall

pendragon_arther wrote: »

Is it s...a...f...e..?

Not if you're wearing running shoes.

carol428

I only realized that I wasn't being charged after my last visit. Admittedly it may have been remiss not to have checked bank statements for the previous two years, but let's face it, we look at statements to see if there is any money deducted which we do NOT expect to see, but we don't look at statements for money which should have been deducted but isn't, especially not for an annual direct debit (and I honestly couldn't remember the month in which it was set up). On my penultimate visit I expressed surprise at being billed for an X-ray (my surprise was that the amount was very small) - but the receptionist mistook my surprise and assured me that even though I had a payment plan there were still some extras that had to be paid for. I meant to look at my statements soon afterwards but forgot. On my last visit, that was when I mentioned the word "payment plan", with the intention of taking out a new plan, at which point the receptionist interrupted me to tell me I was already covered. This was when I went home and checked my statements and found that an error had been made. I have been in touch with my bank and they have assured me that I did not cancel the direct debit and are sending me a letter as proof of the same. I am willing to make a part payment but as the mistake is not my making, I feel reluctant to have to make the full payment years later.

tomtontom

Have you received adequate care and treatment from the dentist? If so, you should pay for the service used.