Out of the blue invoice for "triage phone service"? Should I pay?

Chexpir

Back in April 2014, I had Bupa insurance, and I had some "triage telephone consultation service" where somebody asked me some questions before refering me to use a real physiotherapy service, which Bupa covered for me (£100 excess already paid on that time).

Out of the blue, January 2017, I receive an INVOICE asking to pay £42.50 for a physiotherapy service.

After complaining and telling them I don´t have any unpaid physiotherapy service, and there must be some misunderstanding, they tell me

"I confirm that we invoiced your medical insurer asking for payment of services provided to you and they instructed us that we needed to invoice you directly for our triage telephone consultation service provided on 23/04/2014 with S.B."

I have rejected to pay on the following ground, but I am not sure if it´s been the best way or should I just pay and then claim somewhere?
This is my response:

I am afraid that I have never received any information on the "triage telephone consultation service" that even suggested it was a paid service, nor telling me the price of it.

The intention of the call was checking if I really needed to have a presencial physiotherapy service covered by my medical insurance. It was clearly a compulsory step offered by BUPA and covered by BUPA. I was not offered prior, during or even after the call any information telling me it was a paid service, thus I reject to pay.

LilElvis

Sounds like a private referral - which isn't covered and would be payable as you used the service rather than getting a free referral from your GP.

unholyangel

I can't see anything which would exempt this from either the right to cancel under CCRs or the CCRs in their entirety. There is an exemption to the right to cancel for the sale of a medicinal product by administration/prescription but not one for medical products or services generally.

Which means that they should have provided you with all the necessary information - including total cost (or if it couldnt be calculated in advance, how the cost would be calculated) - in a durable medium before you were bound by the contract.

Nearlyold

I can't see anything which would exempt this from either the right to cancel under CCRs or the CCRs in their entirety.

Would the fact that the contract was concluded (April 2014) prior to the CCR coming into force in (June 2014) not be an issue?

DoaM

So would DSRs not thus apply?

Pollycat

Where did you get the phone number for this 'triage phone service'?

unholyangel

Nearlyold wrote: »

Would the fact that the contract was concluded (April 2014) prior to the CCR coming into force in (June 2014) not be an issue?

Missed the date! As DoaM says though, DSRs may apply in those circumstances.

Plus, you can't have a legally binding contract without offer, acceptance, consideration, intention to create legal relations etc.

Bogalot

A quick look at the BUPA website shows that the triage service is not covered by all policies, in particular some work schemes are excluded. You need to refer back to your paperwork, and then speak to BUPA (why have you not done this already?).

bris

Neither CCR's or the old DSR's (relevant at that time) would apply anyway as they did the service, so the service was started.


They did have a legally binding contract as the OP clearly answered the questions which led to the real physiotherapy service which Bupa covered. For all we know the OP may have even instigated the call but one things for sure they knew the call was part of the process so it was expected, so clearly met all the contract considerations.