Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
How much did you pay for the surgery and what method did you use please?
Hello I payed £3450 and use my debit card
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Thanks for your help so am I in the right if they cancel me they can't try and force to another surgeon
I don't think so but you would need to check the terms and conditions.
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the only thing is they never gave terms and condition until after i sign a piece of paper they never stated
OK - then you can NOT be bound if they gave you terms after
ok thank you for your help
All the best - please remember to leave feedback before you leave.
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.
I know you can't offer guarteen etc but what would be my chances if I force to take this to court
It would be unfair of me to say as I have not seen all the evidence. But I would say more than 50%.