Please Help - Section 75 Claim

mjconnolly31

Hi,
My dental company went insolvent half way through treatment, and I am left waiting for the continuance of £3000 of dental treatment.
I have been directed to make a Section 75 request with my bank by the insolvent dentist.  However they are saying they need the invoice or receipt to progress the claim.  Sadly I don't have this as was sent via email over a year ago, and since deleted.  I have proof that I started this treatment, and that the prices charged match their price list for this treatment.  Given the insolvent company has requested that I make a claim I am unsure why my credit lender is refusing to process this claim.  They are saying I could get some paperwork from the company managing their insolvency but this seems a long time to wait, and the longer we wait the more expensive and extensive my treatment will have to be.
There is a new company that is mean to be taking the book of existing customers on and I have requested the receipts from them, which they haven't sent.  The lenders are also saying I shouldn't be able to claim as this new company is potentially going continue treatment, but I am very stressed about this since they are not replying to any of my requests (for the past 2+ months).  I am also nervous continuing treatment with this company as they my current dentist have said and evidenced that the treatment I received is poor quality and requires fixing.  Ideally I would have a refund and continue with a different dentist.
Any advice would be amazing, I am just wanting this to be over now!

Tildaplum

don't take any nonsense from the cc company.  They are liable and should refund you pro rata.

If they continue to delay put in a formal complaint to.the cc company.

mjconnolly31

@Tildaplum - do I definitely need a receipt or invoice to do this?  Do you know?

Tildaplum

no you dont need one. in any case the cc has a record of the payment!

born_again

mjconnolly31 said:

Hi,
My dental company went insolvent half way through treatment, and I am left waiting for the continuance of £3000 of dental treatment.
I have been directed to make a Section 75 request with my bank by the insolvent dentist. 
Given the insolvent company has requested that I make a claim I am unsure why my credit lender is refusing to process this claim.  They are saying I could get some paperwork from the company managing their insolvency but this seems a long time to wait, and the longer we wait the more expensive and extensive my treatment will have to be.
There is a new company that is mean to be taking the book of existing customers on and I have requested the receipts from them, which they haven't sent.  The lenders are also saying I shouldn't be able to claim as this new company is potentially going continue treatment, but I am very stressed about this since they are not replying to any of my requests (for the past 2+ months).  I am also nervous continuing treatment with this company as they my current dentist have said and evidenced that the treatment I received is poor quality and requires fixing.  Ideally I would have a refund and continue with a different dentist.
Any advice would be amazing, I am just wanting this to be over now!

So the dentist is as good at financial advice as they were at running a business.
Well any company could send you to your card provider to get money back. It does not work like that. The question is WHY are they asking you too? 
This will be a chargeback, far easier and quicker.

But if another company is taking over the treatments at no extra charge, then they are correct. As you are in exactly the same situation as you were should  the original have not gone bust.

Just because you now want to change your mind due to someone saying it's poor quality work, is not a reason to get any of the money back.

Tildaplum

Not ttue - your contract was with the original company and if they have gone out of business than you are entitled to a (pro rata) refund

It is then completely up to you whether you decide to go with the second company or elsewhere completely

mjconnolly31

Hi thanks both.
I am not sure if it makes a difference, but I am not sure the treatment at the new provider will be free - the statement on their website reads:
The Care Clinic Group are currently in talks with some of the finance companies in order to secure further contributions towards completing outstanding treatments, but further costs may be incurred by patients, we endeavour to minimise these fees where possible.

I am not requesting a full refund I am keen to cover my extra expenditure to complete treatment, be that through the new provider or my usual dentist.

Tildaplum

So to be clear you are not seeking a section 75 claim to get a refund of money you have already paid for treatment not done

you are seeking a claim for the price increase because you have had to go to a new dentist

mjconnolly31

Hi @Tildaplum,
I am part way through treatment (which I have paid for in full) to finish the treatment elsewhere will cost me a considerable chunk of money, so I am looking for a refund to fund the part that the old dentist can't complete.
Does that make sense?

Tildaplum

If your section 75 claim is successful you will get a refund for that part of the treatment which has not been done - pro-rata for the amount that you have paid

So for example if you originally paid £3,000 for the whole course and you think is only half complete then you would get £1,500 back. this would arrive onto your card

Completely separate to that and nothing to do with the card company is where you get your treatment completed

it is irrelevant where you go or how much it costs - that is completely up to you.  it would be a completely separate contract which you would pay for as normal.

born_again

Just how did you pay for the treatment as you have not stated that. But you have mentioned "Care Clinic Group are currently in talks with some of the finance companies"
So did you take out finance? or use a credit or debit card?