hey

Here one for you in the know

About 7 months ago I had dental treatment which was so badly done (i.e very very painful and temp fillings during treatment fell out after less than a day) gave up with them and went to another practice)

At that time two further apointment had been made and both I missed as I no longer was dealing with them. A few months later I get a letter saying I'm due them £270 for missed appointments, now their threatening calling in a debt collection company.

Do they have any legal right to claim to any money as was a contract signed with them?

over to you.

Thanks

More importantly... what are you doing on here outside office hours!

Don't you have 37 cars to be getting on with?

Right... read your post!

I would say that you voiced your dissatisfaction when you left the practice and told them you would not be using them again!

Their fault they never cancelled the appointments.

I would send them the one letter to that effect (recorded) and then forget it!

You should have informed them that you would"nt be returning because of "bad workmanship".What I wouls do ,is go to the dentist that did the work for you . Aks him for a letter explaining that the work was bad, send a copy to the first dentist. You should"nt hear from him again. If you do then go "round and BITE the BASTARD!!!!.

You say "gave up with them" did you tell them that and that you wouldn't be turning up for your other appointments ?

I'm with Puzzled on this one, but ould go one step further and contra-charge them for the additional costs incurred at the alternative dentist who made good their failings.

you dont state that you told them you would no longer be using their services, likewise it appears you did not allow them fair chance to remedy the poor workmanship. You probably signed a contract when you first engaged their services. I would take some legal advice on this one .

On the face of it you have had poor service yet you do not show that you have raised thiss with the service supplier. Sometimes insurance policies give you free legal services I have it with my home insurance, a lot of people have it with their car insurance. If so give them a call

Best form of defence is attack, tell them that you will make a counter claim against them for the damage, pain and inconvenience caused by them, threaten to report them to the British Dental Association.

Kick up a stink and you may scare them off.

Sue them!!

I'm sure you phoned them to cancel, maybe the receptionist forgot to update their records...

Ring the Citizens Advice Bureau and get some free legal advice. Sounds like you may need to go on the offensive though to get them off your back.

I would also inform your local Primary Care Trust that the dentist is not up to scratch , as they are responsible for ensuring that dental treatment is available in your area

Write politely setting out the facts. You have 3 possible arguments (assuming Scottish law is not too different to the south - which in matters of contract law it sometimes is)

(1) That there was no agreement to pay for "missed appointments". Dis you sign anything? Or even if there was has the Dentist sought to mitigate loss i.e. found another patient.

(2) If there is a fixed sum due for missing an appointment that is unlawful as it amounts to a "penalty"

(3) (and this is the best point) that you were entitled to terminate any contract without notice as the dentist was him/herself in breach of the implied term to use reasonable skill and care. That breach relieves you of any further obligations.

with any luck there may be a passing Scottish lawyer along to check on the above but certainly the third point would make most professionals think twice.

Good luck

Tell them "F**k off, I didn't go to those appointments because your dentist was s**t. If I hear from you again I'll be sending YOU the bill for fixing the work YOUR monkey did"

As for the debt collectors, tell them the bill is in dispute and it's illegal for them to chase you for it. They'll say it's not but it is, it really is, and if the ignorant **** keeps on at it tell them you'll send HIM/HER the bill instead.

(Dealt with debt collectors for about 8 years now, I know more than they do and nail them every time)

ETA: No doubt the pain of the botched job caused you a not inconsiderate amount of trauma which means you wouldn't have gone back even if they wanted to fix it for free (the reason I've been to the dentist once in over 10 years)

[Edited on 17/1/10 by Ninehigh]

I had some dental work done a few years ago which ended in a similar outcome. I'd lost quite a large part of a tooth and I told the dentist that I wanted the hole filling in white and within reason I didn't mind what it cost, so we have been talking about getting an inlay made. Anyway, he decided that although it was quite a big chunk missing he would fill it, on the way back to the car it was already falling out and then when I got to the car I found he'd done it in bloody silver anyway.

I rang and said I wouldn't be going back and went elsewhere. I got a bill a few weeks later and just wrote back telling him to take me to court which he never did, I assume because a day off work would be way more than what he wanted off me.

[Edited on 17/1/10 by eznfrank]

good advice guys thanks for taking the time

A bit late I know, but if it comes up in a search...

I've come across this in my internet travels;


http://www.dentalhealth.org.uk/faqs/leafletdetail.php?LeafletID=30

Specifically:


Question:
Can the dentist charge me if I miss an appointment?
Answer:
If you are an NHS patient in England and Wales cannot charge you for a
missed appointment.


However, if you are a private patient or an NHS patient in Scotland or
Northern Ireland and you miss an appointment or cancel at short notice,
the practice may charge you. Your dentist must have warned you
beforehand that they charge for missed appointment or late
cancellations. This is often done by a note on the appointment card.