Insolvent Dentist?

[Teethstrife]

I'm in the middle of dental treatment to fix some wonky top teeth and as a result have two fixed braces. I've seen some information recently which suggests the dentist doing the treatment is having insolvency problems - they're late filing their accounts from last year and so a strike-off notice has been posted in the London Gazette. The Gazette article I've found refers to a physical meeting of shareholders being held to consider the voluntary winding up of the company.

I've been a company director (some time ago) so now a lot of these 'shareholder meetings' sound grand but can amount to you having a cup of tea in front of your laptop with your Board of one.

Is this just due process as a result of late accounts or do I need to start panicking about the £2.5k I've sunk into these braces...? I probably have at least another 3 months of work yet to go...

Looking at the London Gazette, I think they only give a list of companies and LLPs that will be struck off. I think you may be looking at something else - possibly a notice re a meeting of creditors. Is this a dentist in Cheshire, by any chance?

A voluntary winding up is nothing to do with striking off. The question is whether this is a members' voluntary liquidation (in which case the company is solvent) or a creditors' voluntary liquidation (in which case it is not). If this is the dentist in Cheshire I've found mentioned, it looks like a creditors' voluntary liquidation. If that is the case, as an unsecured creditor I'm afraid it is likely you will lose some or all of your money.

Thanks @prh47bridge. I think we're talking about the same place. I'm going to head down there on Monday and ask to speak to the owner. It'll be interesting to hear his take on it.

@prh47bridge There is a document filed with Companies House that appears to be a notice about striking off the register as a result of non-compliance, presumably due to the late accounts though I believe non payment of tax can be another reason for this.

Did you pay in advance for any of the work? On a cc or dc?

Yes, I think we are talking about the same one. It does appear that they will be struck off in May for failing to file accounts. So both processes are happening. The important one from your perspective is the insolvency process.

@Jon65 I've been paying instalments, some by cc, some by dd.

Ok well that's helpful. You have s75 Consumer Credit Act protection in that the cc co are equally liable in a breach of contract scenario so you won't be out of pocket if the dentist company goes under, but you will probably need to find a dentist to complete the work if the current one ceases working.

Thanks. I wish I'd paid them all on CC but it just depended on how much was in my account at the time. I've contacted another dentist who thinks they'll be fine to take over if need be. Panic over I guess. Very frustrating though. I chose this dentist specifically because he's very, very good.

The credit card provider is liable for the full amount, not just the amount you have paid by credit card.

IIRC at least £100 needs to have been paid for on credit card before the issuer is liable for the whole lot.

Not quite. It is the cost of the goods or services that matter, not the amount spent on credit card. You can claim against the credit card company provided the goods or services cost between £100 and £30,000. So if you buy a car for £25,000 and pay £50 by credit card, the credit card supplier is liable for the full £25,000 if the car is faulty.

If he files his accounts he won't be struck off. Could be his accountant is slow.