Ex employer/ insurance fail to pay outstanding invoice leaving debt collecting pursuing patient

dmb_moneymatters

Hi, 
Looking for some urgent advice, over 2 years ago I was had some counselling which was covered by my ex employer under the private medical insurance, during the treatment I was made redundant which meant a stop to any further sessions, however the sessions I had had whilst I was in employment had 2 outstanding invoices to be paid to the doctor by the insurance company, however both the insurance company and later my ex employer refused to pay the 2 outstanding invoices because although the doctor could confirm when the sessions took place however he couldn't confirm when the invoices had been sent. 
The doctor not being able to recoup the outstanding invoices later instructed a debt collecting company to pursue me for the debt claiming because I was the one that contacted him directly  ( instructions from the insurance company to choose a doctor ) I was now liable to pay.
I contacted the CAB to see where I stood with this and was offered that a letter be sent on my behalf to the debt collecting company back in March, I understand since Covid 19 there is a backlog, however due to the fact no correspondence has been sent to the debt collecting company,  the debt collecting company have been sending harassing emails and letters to me and have taken to sending my neighbors letters confirming my name and address asking for them to confirm that I actually live at the address also asking if I have any assets referring to in brackets a car, offering a reward should they get any information from them. 
I have been in constant communication with the CAB who either can't put me through to the person dealing with my case, can't assign it to someone who would be able to help me, and keep saying that they are investigating but can't send me any copies of emails  / letters sent to the debt collecting company ( even though recent advice from them is that a letter has already been drafted and sent) however I am unaware of the content of the letter and I I am still receiving letters from the debt collecting company for a debt that doesn't belong to me.
One of the letters mention I have been awarded by Northampton courts a CCJ even though I have not received any information direct from the courts, nor can I see any CCJ on my name at present on my credit score. I have been informed bailiffs are to come to my house expecting payment.
I have reported the debt collecting company to a no win no fee solicitor for data breach that could take 8 weeks, I have also logged a company with the FOS for the Insurance company again 8 weeks to investigate, and apparently the CAB have opened a complaint with the trading standards although I have yet to see any documents to back this up
.
However my main concern is the debt collecting company, I know many would say just contact them and explain the situation, however I need some advice as to what to actually say seeing as I should have contacted them back in March but didn't because CAB informed me they would do it. 

Any advice as to where I can get some support on what to do please would be greatly appreciated, without having to cost a huge amount ?

SpreadableToast

I actually agree with whoever told you that because you were the one who contracted the doctor to treat you, you are liable for the debt.  Obviously you may have a claim against the insurance company but that's not the doctor's problem.

I think you should be making arrangements to repay the debt owed and seeking advice on whether the insurance company is liable or not, which obviously depends on the terms of the policy.

sourcrates

What is the name of the DCA involved  ?

Because behaviour like that was outlawed by the FCA many years ago, do you have any of the letters by any chance ?

Debt collectors cannot obtain county court judgements against you, only the debt owner can do that, and they must follow civil procedure rules.

Northampton Bulk Centre has been practically closed down due to COVID-19 so be very wary.

All bailiff activity is suspended till August, again due to COVID-19, Who is telling you all this, the DCA ?

dmb_moneymatters

The DCA name is confusing from their letters, letterhead mentions L.M Wise (Wise & Co ) however their website address shows " debtcollectinglondon.co.uk", I have the letter from the neighbors too.
DCA were the ones that mentioned the Courts had issued a judgment against me on the 15th April 2020, that letter was dated the 1st July.

sourcrates

OP, I will PM you later, if I may ? as I have a bit of a thing about dodgy debt collectors not following the rules, I send details to the FCA who although they don’t respond to individual complaints, do file them, and if enough people poke the stick at them, it can result in FCA action.

dmb_moneymatters

Yes please do PM me, as I am eager to resolve this matter, thank you. 

SpreadableToast

dmb_moneymatters said:

Yes please do PM me, as I am eager to resolve this matter, thank you. 

You're not going to resolve it by going after the DCA, that is a largely irrelevant side issue.

You need to deal with the debt and ultimately whether the insurance company/your ex-employer is right in refusing to pay this bill on what seems to be a fairly minor technicality.  I'm not defending the DCA, I don't think they've acted reasonably at all but you shouldn't ignore the bigger issue of the debt just to get the DCA slapped on the wrist.

dmb_moneymatters

Agreed the main issue is the DCA,  however I need some advice on how to approach this, I do not believe this debt is mine regardless that you say I was the one who contacted the doctor, I had merely been following instructions from the insurance company who had been paying the doctor for  previous invoices but refused to pay the last 2 invoices due to claiming the doctor had sent the invoices in too late, to add the ex employer had also ceased contract with the insurance company and hadn't left a pot of money or instructions for any outstanding invoices. Thanks for your input 

sourcrates

I can`t see how you can be liable for a situation not of your making, i have a similar health scheme at work, outsourced to a 3rd party, and no way would i be liable for their costs if my company went bust, to get clarification, i would take legal advice, Legal Beagles website is a good starting point.

Now, the letter from the debt collector and the CCJ, what, exactly does the letter say, word for word, as the devil is in the detail.

dmb_moneymatters

letter from DCA reads as follow to neighbor  ;
" ADDRESS OF NEIGHBOR "
Dear Occupier,
On the 15th April the courts issued a judgment against 
" my name " 
" my address " 
On 25th May bailiffs were instructed. At the moment their offices are closed.We write to ask whether perhaps you can help with information to assist them on their resuming collecting.
It is a very small debt. We write to ask can you please advise in confidence whether the judgement debtor still lives there and whether there are any obvious assets (particularly a car).
We enclose a.s.a.e. an offer a very small reward for a successful outcome.
Yours faithfully.
L..M Wise 
Attn : Sourcrate, the above is the transcript dated the 1st July 2020

SpreadableToast

sourcrates said:

I can`t see how you can be liable for a situation not of your making, i have a similar health scheme at work, outsourced to a 3rd party, and no way would i be liable for their costs if my company went bust, to get clarification, i would take legal advice, Legal Beagles website is a good starting point.

Now, the letter from the debt collector and the CCJ, what, exactly does the letter say, word for word, as the devil is in the detail.

If the OP set up the appointments with the doctor without the insurance company being involved then I don't see how it couldn't be their debt.

We need to know for certain if the OP was the one to initiate and agree to the contract with the doctor.  It does sound like they are and that means that the OP owes the doctor and (hopefully) the insurance co owes the OP.  But clarification is needed.