Strange situation - help please

[Froggers]

Hi all,

I hope everyone is well.

I have recently changed bank provider and discovered that I have been paying a monthly direct debit to my old dental practice.

My last visit was confirmed by the practice to be in February 2017 so I have paid 87 monthly direct debits since then even though I switched practices after a rather shocking experience during the last visit in February 2017.

The practice admin staff advised that it is the patient's responsibility to cancel the direct debit. They also advised that they could not tell me how much I have paid to them in the last 7 years as their records only go back as far as 2021.

I may have zero chance of recouping any money from them due to my own poor life admin skills but any input/help would be appreciated - I believe I have paid approx. £1,500 in the last 7 years.

Thank in advance.

John

[atticus]

Have you contacted your bank about the direct debit guarantee?

You can sue the dental practice for repayment, but your claim for payments taken more than 6 years before the date on which you commence court proceedings will be statute barred under the Limitation Act 1980.

[Froggers]

Thank you for your reply.

I haven't looked into the direct debit guarantee but will do so, thanks.

Would it be worth asking for a copy of the contract or agreement I signed with the practice - just to check if there is anything in there to back up their claim that it is the patient's responsibility to cancel the direct debit?

[PallasAthena]

The staff are being misleading when they say "... it is the patient's responsibility to cancel the direct debit". That is technically correct but a Direct Debit isn't an instruction from you telling your bank to pay the dentist, it's an authorisation to the bank saying they can pay the dentist if the dentist asks the bank for the money. The dental practice should not have been asking the bank for the money for the last 7 years.

It's irrelevant that you could have prevented them getting paid by cancelling the DD because the dentist wasn't entitled to ask the bank for your money in the first place. It's a failure of the dentist's own systems that they continued to ask your bank for money when they shouldn't have done so they should repay you.

I wouldn't waste time asking for a copy of your original contract at this stage (even if one exists - I don't remember ever entering into a formal contract with a dentist). Even if it exists and says you should cancel the DD that wouldn't entitle the dentist to help itself to your money.

You should be able to get from your bank all your bank statements since 2017. Make a list of all the payments since 2017 and the dates paid and send it to the dentist asking for the amounts to be refunded to you.

If they refuse you can take small claims court action to recover it subject to the 6 year limitation mentioned in post #2. Your bank statements will be the evidence that the money was paid to the dentist whether they can find their records or not.

Meanwhile cancel the DD immediately. Check your other DDs as well in case there are any others that need to be cancelled. You should be able to check and cancel via your online banking.

Atticus mentions the DD Guarantee. Check that out but my understanding is that the DD guarantee only applies to DD system and bank admin errors - eg if you'd instructed bank to cancel it but they hadn't - and it can't be used in disputes with the biller.

[Froggers]

Thank you for your reply - it is very helpful and I appreciate it.

I have cancelled the Direct Debit and requested the relevant bank statements from my old bank.

I will post an update when I have it.

Thanks again.