NHS threatening CCJ

Monkeystolemysock

Please help, I am pregnant and very stressed.
My partner lives with me, he has had substance misuse issues and entered rehab last year. He is doing really well, apart from the fact that he is unable to claim any benefits and is looking for a job currently.
Last year, he became ill with toothache. At the time, he'd just applied for Jobseeker's Allowance. He visited the dentist and examined that he had applied for Jobseeker's and the receptionist got him to fill a form in, saying he was on benefits and entitled to free treatment.
Five weeks ago, he received a letter from the NHS, stating that he had made s false declaration as they could find no record of him being on benefits, so he owed £180 for treatment plus a £150 fine.
We composed an email, explains he was in receipt of no income and that his claim for benefit had been denied after he'd received the treatment. Due to the fact that I'm pregnant and die to go on maternity, we explained that I'd give him £1 per week towards the debt, which we could review immediately as soon as he got a job.
He has received a letter today saying that he hadn't replied to the original letter, so he has been fined a further £50, that if he doesn't pay £330 in the next seven days, the NHS will apply for a CCJ!!!
We haven't got £330! I am bringing in the only income, he truly has no income whatsoever.
He lives in my house with me, it's my mortgage, all my property-he has nothing of value to give to bailiffs due to his previous lifestyle-this is affecting his mental health and infesting for my unborn baby. I am so anxious.
They won't listen to us-what can we do?????

Monkeystolemysock

Apologies for typos!

Alter_ego

NHS does not fine people

tomtontom

Ring them, you need to speak to someone not mess around with emails. He did make a false declaration, he was not in receipt of benefits at the time. Offer to complete an income and expenditure form so they can see what your situation is.

Note that the above is for him to do - he really shouldn't be stressing you out with it.

tomtontom

Alter_ego wrote: »

NHS does not fine people

The Business Services Authority do.

enfield_freddy

they cannot "apply for a CCJ" ! , they can however issue a claim in the small claims court , where he would have his chance to reply , and possibly make an offer , only if he does not reply , or goes to court and looses ,and does not pay within 28 days can they apply for a CCJ


I suspect that the judge might have something to say about "fines" (in your favour)


I do think they will leave this one , and simply claim it back off him when he receives benefits


although I try to be up on things , you say he has been declined jobseekers , however is he registered to allow for his "stamp" to be paid?

enfield_freddy

Alter_ego wrote: »

NHS does not fine people

my thoughts as well , hence saying a CC judge would not be amused

Alter_ego

tomtontom wrote: »

The Business Services Authority do.

As I understand things fines are only issued by courts or county councils.
Willing to learn different though.

enfield_freddy

PS: was not the rehab NHS based? ,

tomtontom

Alter_ego wrote: »

As I understand things fines are only issued by courts or county councils.
Willing to learn different though.

You misunderstand, the NHS has the power to issue penalty notices. The BSA runs the prescription exemption checking service, which I assume is who has written to the OP, although local Trusts/ CCGs also have third power. Feel free to look at the BSAwebsite for further information.

tomtontom

enfield_freddy wrote: »

they cannot "apply for a CCJ" ! , they can however issue a claim in the small claims court , where he would have his chance to reply , and possibly make an offer , only if he does not reply , or goes to court and looses ,and does not pay within 28 days can they apply for a CCJ


I suspect that the judge might have something to say about "fines" (in your favour)


I do think they will leave this one , and simply claim it back off him when he receives benefits


although I try to be up on things , you say he has been declined jobseekers , however is he registered to allow for his "stamp" to be paid?

The judge will grant a CCJ for this. The only valid defence is that you did not make a false declaration - and that is not the case here (ignorance is not a valid defence). Also worth noting that these cases can (and have) resulted in criminal prosecution - this is not something to take lightly.