If this an adequate reponse letter
I refer to on-going dispute with you regarding ( refusal for refund for Rhinoplasty which was not perform )
On the 14th September, I was due to have my Rhinoplasty, however I was feeling neverous before the operation and phone the anaesthetist for some advise. I was then advised to postponed the operation at a later date and she would not accept a patient suffering high anxiety and she would inform the surgeon ( Mr Michael Payne).
It was then during the next week Tina Booth advised me on the phone she has rebook me on the 26th November. A week before before my surgery, I phone the Hospital Group to confirm my appointment to find that Tina Booth has left the company and there is no appointments being made, the appointment was eventually was made by another adviser last minute. However on the 25th November I received a phone call from Hospital Group to advised Mr Michael Payne has cancel my appointment, the reason I was given was he believe I was not suitable for this procedure. I requested to speak to Mr Michael Payne, however he refused to speak to me and I was advised that his decision is final, I was then advise then I would receive a full refund.
It took two weeks of chasing being advise I would get calls backs which I failed to receive any. I was then informed by phone and your letter which I attached a copy requesting for me to speak to another consultant, even though I have already been advised by another consultant representing the Hospital Group that I was not suitable which I failed to understand why the company would do this. I was also told if I refused to see another consultant then you would then see me as the one cancelling and under terms and conditions for which I was not made aware of any or presented to read before signing that I would receive only a particle refund.
I have spoken to my Doctor about this situation and believes I’m not medically fit to under go this procedure and has refer me to see a counselor regarding BDD ( please see attached Doctor note).
I have spoken to a Solicitor regarding this situation and believes the my consumer rights have been breach.
Consumer Protection from Unfair Trading Regulations 2010
Instance - Requested to sign a piece of paper to confirm I have seen the surgeon and was happy with the explanation of the procedure being performed, however was later to used to state I have accepted the terms and condition for which was not in any way explain or presented at the time of signing which according to the above regulation
“Misleading acts and omissions are unfair commercial practices. In each case, the action or omission must cause or be likely to cause the average consumer to take a different decision.
A misleading action contains false information or in some way deceives (or is likely to deceive) the average customer”
I have been advised that I cannot be bound to terms and conditions if they was gave after and not given the opportunity to read them.
You have to the 31/12/2013 to reach a satisfactory settlement with me over this matter which is a full refund £3450. If you fail to do so, I give you my intention to take legal action again you in the small claims Court. The cost of this action will be added to my claim, as well as Solicitor’s fees and my personal time.