Debt collection agency threatening court action on behalf of veterinary practice

[Penny88]

I've received a 2nd letter from a debt collection agency stating further action will commence in 7 days without further notice unless I pay in full and need advice on whether I should pay or if I have a viable defence/counterclaim. This relates to an unpaid vet's bill of less than £1,000.

In summary, the vet performed surgery on my dog's fractured leg in Oct 2020. The vet asked about insurance and I confirmed I had cover of £3.5k the estimate for the original surgery was £2.3k. The surgery failed and the recommended option was bandage treatment to heal the fracture.

In March 2021 I received an invoice for £1.4k, the outstanding amount on top of the insurance already claimed of £3.5k. I wrote to the practice to raise my concerns over the transparency of the costs, bandaging and other treatment issues.

Although the dog is now mobile following referral to an animal hospital and further treatment costing £2.5k, the bandaging treatment has resulted in permanent soft tissue damage to the dog's paw, all of the foot pads were affected and the metatarsal pad was destroyed, The deterioration occurred when the leg was bandaged and we were told to return in 2 weeks which was too long. In their reply letter "they accepted that the dog should have been booked in for repeat dressing changes and they appreciate my point of the soft tissue complications but cannot establish how it happened as the member of staff no longer works for them" and as a gesture of goodwill they reduced the bill by £600 relating to costs and treatment as a result of the dressing.

I wasn't satisfied with their response so I contacted the VCMS (Vet Client Mediation Service) to lodge my concerns. VCMS responded in May 2021 that the practice had refused to take part in mediation. I received a letter from the vet practice in July 2021 about the outstanding invoice to which I replied saying I had attempted to resolve but they had refused mediation and then heard nothing until the debt collection agency contacted me on 02/03/24.

The amount outstanding has increased by circa £200 due to interest charges in this period. If it went to court, I would have to defend this myself and I have copies of my letter and response from vet, response from VCMS and photo's of the damage done.

How should I respond to the debt collection agency?

Can I defend/counterclaim because they caused permanent soft tissue damage from their bandage mismanagement for the value of the outstanding invoice amount?

If I go to court and lose, would I have to pay their costs?

I would appreciate any advice on how to proceed with this.

[echat11]

Hi Penny88

Welcome to LB

If you have evidence. i.e. reports, communications etc, which will provide a defence and counterclaim, then you should respond to the DCA in writing (don't speak to them over the phone). Ideally you want them to return the debt to the Vet for resolution (as they don't want to, then you might have to see if they lodge a claim with the Courts). As it stands you have a dispute.

Also you could consider getting an expert report, I'm not sure how much one would cost. You would get 3 / 4 quotes.

You could amend / send the following, make sure you get Proof of Postage.

https://nationaldebtline.org/sample-...-not-owe-debt/

As long as you act reasonably and follow all the pre action protocols and Court Orders then you only have your costs (but Courts are 'fickle' so you need to be prepared for all circumstances).

[Penny88]

Thank you for your response.

I did send the DCA a letter following receipt of the 1st letter from them and I have attached this. The 2nd letter mentioned above is their reply to this and they included the invoice from the vet, final July21 letter from vet and a signed operation consent form.

Would it still be appropriate to send the letter in the link?

If so, would I remove the 2nd line I have no knowledge.... and change this to I dispute this debt, using what I've roughly written above in the 4th and 5th paragraphs to explain why, the permanent damage and their refusal to mediate? Would I need to send anything else at this stage?

[echat11]

Thank you for your response.

I did send the DCA a letter following receipt of the 1st letter from them and I have attached this. The 2nd letter mentioned above is their reply to this and they included the invoice from the vet, final July21 letter from vet and a signed operation consent form.

Would it still be appropriate to send the letter in the link?

If so, would I remove the 2nd line I have no knowledge.... and change this to I dispute this debt, using what I've roughly written above in the 4th and 5th paragraphs to explain why, the permanent damage and their refusal to mediate? Would I need to send anything else at this stage?

You can refer to your previous letter and the requested information, so you add that as the first line to the letter in the link.

'Further to my letter dated XX/XX/XXXX, you have failed to provide all the requested information.............'

The following is o.k., amend it to suit, when you explain paragraph 4 and 5, you really want to summarize, in a couple of lines, be concise and be careful with wording.

'If so, would I remove the 2nd line I have no knowledge.... and change this to I dispute this debt, using what I've roughly written above in the 4th and 5th paragraphs to explain why, the permanent damage and their refusal to mediate? Would I need to send anything else at this stage?'

[Penny88]

Would you mind reviewing my short summary of the dispute that I've added to the letter please. Is there anything eIse I should mention at this stage? Thank you.

[echat11]

Would you mind reviewing my short summary of the dispute that I've added to the letter please. Is there anything eIse I should mention at this stage? Thank you.

That's fine, succinct and to the point.

[Penny88]

The DCA has replied dismissing my dispute and stating their client has already discounted bill as a goodwill gesture (client was cc'd in email).
Followed by pay within 7 days or it will be passed to a solicitor for legal recovery incurring additional solicitors costs plus fixed fee.
What are the options now, is it worthwhile seeking legal advice to ascertain the strength of my case? Is there an inexpensive way to do this? and is it straightforward for a non legal person to write a defence and counterclaim?

[echat11]

Have a read of the following: https://www.judiciary.uk/wp-content/..._in_Person.pdf

Some solicitors offer 30 - 45 minutes advice Pro Bono, so ring a couple, you'll get a feel of how to approach any potential claim, if one materializes.