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Requesting a refund from a private hospital via small claims court

(36 Posts)
cultkid Fri 13-Nov-20 12:15:50

I have used their complaints process
Things haven't been resolved

They have lied
Inaccuracies in their emails with for example wrong prices of stuff I have paid for

They have ignored emails for updates

Stretched their own deadlines to the very limit and gone over with no explanation or apology

I paid in good faith upfront for a service which hasn't been provided to me as described

I want a refund

Has anyone got any experience of using the small claims court for this

I am worried they would counter sue me or something like this? I have paid for everything btw and not written anything about my experience online

I want a refund but am frightened of them

Any thoughts?

Thank you

OP’s posts: |
prh47bridge Fri 13-Nov-20 13:06:02

Why do you think they might countersue you? What claim would they have against you?

Don't be frightened of them. Write them a letter setting out a summary of the facts, how much you want from them, how you've calculated it and giving them a reasonable deadline to respond (28 days is normal). Include copies of the key documents you will use to support your case and a list of any documents you want from them. State that if they fail to respond by the deadline you will take legal action without further notice. If they don't respond, you can then go ahead with your claim.

Jroseforever Fri 13-Nov-20 13:07:22

cultkid

I have used their complaints process
Things haven't been resolved

They have lied
Inaccuracies in their emails with for example wrong prices of stuff I have paid for

They have ignored emails for updates

Stretched their own deadlines to the very limit and gone over with no explanation or apology

I paid in good faith upfront for a service which hasn't been provided to me as described

I want a refund

Has anyone got any experience of using the small claims court for this

I am worried they would counter sue me or something like this? I have paid for everything btw and not written anything about my experience online

I want a refund but am frightened of them

Any thoughts?

Thank you

So all documented then if you have emails etc where they listed pricing but then didn’t deliver?

Jroseforever Fri 13-Nov-20 13:07:55

And what “deadlines” were there?

cultkid Fri 13-Nov-20 13:30:03

They said their process takes up to 20 days
And they took 22

When I responded to their investigation results and said they were wrong and I wanted to file the papers I had already filled out they responded saying in light of my comments they would look into it further but needed a few more days...

And they didn't reply to let me know how long they meant by that
So I emailed today and asked for a final answer

Then they emailed me and said some bits that weren't right followed by "we will refund you £250, which is the cost of your over night stay at the hospital" but the cost of the over night stay was £599 as per the invoice which I paid! It's all these things which have seriously irked me.

but I asked them for the whole fee to be returned to me because the whole experience was so bad and I was left in a mess and had private information shouted about the place by a nurse. Left in pain etc, they didn't listen to my consultants instructions on what to do.
Nurse didn't get the doctor to come and do a review despite me asking several times. He did say to me in the morning he would have come to see me but she didn't ask him...
I was given medication I said I hated and had a bad reaction to. My consultant told them not to give it to Me.
They told me you're not allowed to shower in the hospital in the evening.. amongst other things
Broken bed so couldn't move it and they confirmed to me it was broken...

The nurse had a hacking cough which was worrying and didn't cover her face with her mask. She had her nose out the whole time? I asked about her Covid results and the response from the lady at hospital said she has a persistent dry cough and doesn't have Covid and it's exacerbated by air conditioning .. I said surely she would have told her patients this instead of coughing everywhere.. during a pandemic..

She also shouted Jesus Christ about my pain repeatedly... very loudly
Told me I would die if I didn't take the tramadol etc
Really bad.

So I want a refund. I'm not making allegations about negligence etc

Can I do this via the small claims court and can they take me to court for anything? There's some worrying info on money saving expert saying about being counter sued but I'm not trying to sue them I just want a refund

So

OP’s posts: |
cultkid Fri 13-Nov-20 14:03:57

I've just been told about Iscas for private healthcare it's like an ombudsman but I want a refund rather then getting into the ins and outs of their shortcomings if that makes sense
They have already waste my time and upset me

OP’s posts: |
cultkid Fri 13-Nov-20 14:05:34

@prh47bridge @jrose

It was the hospitals own deadlines

@prh47

I did use their process to complain but it's always daunting with big companies thinking they will come down heavier on me (I haven't done anything wrong but it's a fear)

OP’s posts: |
Mabelface Fri 13-Nov-20 14:08:36

Might be worth asking for a subject access request to make sure you've all the info about your stay. If then ask for your complaint to be escalated to a more senior team and exhaust their complaints procedure in full before taking it to court.

cultkid Fri 13-Nov-20 14:17:00

I spoke to their director of operations
And now I'm raising it with the CEO,

I'm so cross and want my money back they really took the piss

How do I ask for my file to be given to me? I just want to get my money back not go down any sort of negligence route

Thank you

OP’s posts: |
Jroseforever Fri 13-Nov-20 16:54:28

It all sounds like a lot of hearsay with regard to you and the nurse clearly not getting on!

So it is a case of she said but she said but she said etc

For instance * Nurse didn't get the doctor to come and do a review despite me asking several times. He did say to me in the morning he would have come to see me but she didn't ask him...*

Why aren’t you blaming him? She said he would come and he didn’t. But instead you blame the nurse for not “going to get him”

Very hard to prove

And I can’t see any negligence

You took the med that you know you didn’t like? And the consultant would have prescribed any med you received whilst in hospital.

Jroseforever Fri 13-Nov-20 16:55:40

Sorry I misinterpreted with the nurse getting the consultant

If you have put this to the hospital, they would have asked him to verify this was the case. He clearly has not.

cultkid Fri 13-Nov-20 18:13:31

Hi.. @Jroseforever

I'm not making negligence allegations

I am saying I was not given good service when I was there and I want a refund

The consultant has clarified that he did ask them to give me a different medication
They have ignored this

The night doctor was on call and the nurses look after the patients. If the patient needs a doctor then the doctor comes to see them. This is not the same person as my consultant.
He did not know I needed to see him until he came in in the morning to do the discharge.

I was made to take tramadol as apparently is less harsh on resp rates (I am not a medic but I know I don't like tramadol and it was specified not to use this) the consultant called me to discuss this after the situation at hospital.
I had been sedated, was in awful pain and said I was in awful pain. The Theatre nurse said all I could have was tramadol.

But I'm not talking about negligence

I'm saying the nurse was shit
They didn't listen to the consultant instructions
Bed was broken
I was told incorrectly showers aren't allowed
Left in pain when I shouldn't have been
No doctor called when I asked for one
Nurse was saying Jesus Christ over and over which is outrageous
She complained when I asked for another pillow
She coughed all night apparently she has a dry cough (I enquired about this after my stay)
She didn't cover her nose with her mask
She was shouting all night and telling her colleague off very loudly

The other stuff is private and I don't want to discuss
But I think that's grounds enough to have a refund

so I complained and requested one
They dragged their feet

Then said refund for the night stay (got price wrong)

I honestly don't understand how people are so thick but get such incredible jobs.

OP’s posts: |
cultkid Fri 13-Nov-20 18:15:30

Consultant has verified this

He isn't really employed by the hospital
Their clinic uses one of the premises and then they use the hospital for their sedation lists if that makes sense

The hospital group is not directly connected to him

OP’s posts: |
Mabelface Sat 14-Nov-20 09:27:41

Write to the hospital, and say that you want a subject access request for all the records from when you were in hospital. Do everything in writing or via email rather than calling. You need a paper trail.

m0use Sat 14-Nov-20 09:37:23

Re the refund value- check the exact wording in the correspondence vs the invoice, as cost of your overnight stay for refund might not include things like medication, meals etc.
It's an unfortunate situation, but one I'd say you're unlikely to be successful in. It's a lot of he said/she said.
To counter that, you'd need more objectivity- did the nurse complain about getting a pillow, or did she explain she was busy, and say she'd do it in a minute?

Re showers - were you told all showers arent allowed, or is it usually after your procedure they aren't, or your notes said they weren't?

thisisnotus Sat 14-Nov-20 09:55:01

I'm not sure you have a clear case for a full refund.

Private hospitals bill you for consultants' fees, prosthetics/consumables/medication/pathology etc and then "hotel services" which is your overnight stay and meals etc.

They have acknowledged that your bed was broken and offered you a refund of the overnight stay. But presumably they did carry out your procedure and you did have the services of the consultant as expected in that procedure, so they wouldn't offer you a full refund for that.

Small claims court would award in your favour if there's been a breach of contract, but it doesn't sound like that has happened.

Rather, what you're really asking for is a goodwill refund because you felt your experience was bad. You'll need to rely on complaints procedures for that.

thisisnotus Sat 14-Nov-20 09:59:11

Is £599 the total amount you've paid by the way? It seems very low for a procedure requiring an overnight stay.

cultkid Sat 14-Nov-20 10:02:09

Hey I will respond to this when I'm back

No the total bill was about 4,200

The over night element of that was £599

The anaesthetist fees

Botox that they used

And consultant fees etc

Were all broken down

Hence me knowing how much the cost of the stay was

OP’s posts: |
cultkid Sat 14-Nov-20 10:02:52

I paid consultant and his fees for the procedure etc separately

Paid hospital for the anaesthetist and the drugs and over night and hospital fees

OP’s posts: |
thisisnotus Sat 14-Nov-20 10:26:19

How much do you want to claim from them? I could see possible justification for £599 but not for £4,200.

Jroseforever Sat 14-Nov-20 10:50:12

The problem is, Benenden operates as a mutual rather than a private enterprise
So not quite so straightforward

Jroseforever Sat 14-Nov-20 10:52:57

And things like “broken bed”
What does that entail?

The mechanical lifting mechanism broken? But bed otherwise good. Unless stipulated as something they offer, then you aren’t entitled to anything contractually.

FinallyHere Sat 14-Nov-20 13:38:17

https://www.gov.uk/make-court-claim-for-money

AuntieDolly Sat 14-Nov-20 13:51:36

Tell them how much you want and see what they come back with.

slipperywhensparticus Sat 14-Nov-20 13:56:52

Botox?

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