Is this a valid chargeback scenario

Bigmike20vt · 15 June 2019 at 11:22AM

Or am I stuffed .

3 weeks ago I got an NHS letter accusing me of fraud and a fine of £105 for claiming free prescription after my prepay card expired. I explained I was 99% sure I was innocent but the pharmacy said their records confirmed it and the lady at NHS said she was looking at my signed form and saw nothing to support my innocence.
I asked for copy of the prescription but paid due to threat of increasing my fine. I went on holiday. Got back today to finda copy of my signed prescription and it is nothing like my sig or anyone's I know.
The pharmacy do not recognise it either but say it is not their problem.
I am waiting for a response from NHS fraud line on my request for refund and that I am happy for them to take me to court of they wish and that I only paid due to their threats of charging me more and me taking their word that there was nothing suspicious about my prescription.
However I have been warned that now it is paid they will likely consider the case closed.

I believe they have acted fraudulently as I asked them to check the signature and they told me it all looked fine, but is this grounds for a credit card chargeback (IF NHS fraud refuse to help me)

Thanks

msallen · 15 June 2019 at 11:29AM

Was the prescription in your name - were the drugs on it for you?

eco_warrior · 15 June 2019 at 11:37AM

I'd think the chances are slim to none to be honest.

Generally speaking a chargeback is used when something goes wrong with a purchase, like goods not received, or faulty, being charged twice, or not authorising a transaction.

What we have here is you being presented with a fine and agreeing to pay it, although under some duress, due to the fact the fine may increase. Issues with any sort of payments towards fines or even just bills are difficult imo as they don't really "fit in" with any of the usual dispute options.

In essence you had a debt to pay and have paid it, so the "service" has been received/fulfilled. Even if you can prove the debt wasn't correct and shouldn't have had to be paid, it already has.

I've never been involved in a situation like this where a chargeback was processed, unfortunately.

Ergates · 15 June 2019 at 12:49PM

Bigmike20vt wrote: »

I asked for copy of the prescription but paid due to threat of increasing my fine. I went on holiday. Got back today to finda copy of my signed prescription and it is nothing like my sig or anyone's I know.
....
However I have been warned that now it is paid they will likely consider the case closed.

I would think [hope] they can't just do that, if they have incorrectly fined you they have to rectify it. If they refuse to cooperate, maybe try the small claims court - though I have no idea how you'd go about that.

As others have said - it doesn't really fit into a chargeback claim.

Bigmike20vt wrote: »

I believe they have acted fraudulently as I asked them to check the signature and they told me it all looked fine

That wouldn't constitute fraud, that would be "being wrong". Unless you're suggesting they did it on purpose to get money out of you - and whilst we all know the NHS is short of cash, that still seems unlikely.

Bigmike20vt · 15 June 2019 at 1:13PM

Ergates wrote: »

That wouldn't constitute fraud, that would be "being wrong". Unless you're suggesting they did it on purpose to get money out of you - and whilst we all know the NHS is short of cash, that still seems unlikely.

Thanks everyone for replies so far . Regarding the above fair point but they had no problem doing me for fraudulent claims.. also mistake perhaps but the Sig was so far off mine basically she must not have even looked when I asked her to and just lied and told me she had (sorry I am a bit annoyed by the whole thing)

Thanks again for the advice sounds like I am stuffed if they refuse to refund me however

Bigmike20vt · 15 June 2019 at 1:44PM

msallen wrote: »

Was the prescription in your name - were the drugs on it for you?

Yes and yes

eddddy · 15 June 2019 at 3:26PM

Bigmike20vt wrote: »

3 weeks ago I got an NHS letter accusing me of fraud and a fine of £105 for claiming free prescription after my prepay card expired.

Your prepay card had expired, so are you saying...

a) That you paid for the prescription in some other way?

b) The pharmacy didn't notice that your prepay card had expired, and so didn't ask for payment in any other way?

If you're suggesting that it was b), and that perhaps the pharmacy later realised their error, so 'forged' your signature on the prescription to cover their error, and to get the NHS to pay for the prescription...

... that would be 'Fraud by false representation' by whoever signed it at the pharmacy.

That would be a criminal offence, but I doubt you could persuade the police to get involved.

If you feel really strongly, maybe you could report it using the Action Fraud website - and show the report to the pharmacy, which might help persuade the pharmacy to 'put matters right'.

Bigmike20vt · 15 June 2019 at 4:48PM

I am saying I never collected the meds. They are on repeat (athsma) but it is seasonal so I tend to get a backlog. As I had a prepay form I let myself get a few in advance - it is handy having spares - but 2 weeks before it expired I told the pharmacy i was making my last pick up for a while and so not to put forward the repeat.
I have no idea who signed for them or why, I just know 1) I didn't receive any medication and 2) I didn't sign for any.
With hindsite i knew I was in the right I should have trusted my own memory but when being told in no uncertain terms there was irrefutable evidence against me and if I did not pay they would increase the fine I backed down on the off chance I was wrong (but asked for a copy of the proof)

So now I am here... Fine paid for something I was never guilty of due to a system which threatens worse punishment if you dare to refuse to pay until after you have seen the evidence against you.

I guess my question is answered however, if it is nothing the credit card will cover me for I will have to hope for the best or write it off..... Or threaten small claims, which tbh I may do out of principle

Is this a valid chargeback scenario

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