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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I had a massage, acupuncture and cupping treatment at Herbal

Customer Question

I had a massage, acupuncture and cupping treatment at Herbal inn in October last year. Following the treatment I was relaxed and sleepy which is when the shop assistant gave me an offer of 20%off my next course of treatments. After some deliberation I decided to go for the offer and paid £176 for future treatments.
That evening I noticed pronounced purple markings all over my back from the treatment. I therefore called the Herbal inn centre and asked to cancel my future treatments and have a refund. They refused because their policy says they won't refund if I have just changed my mind. I argued the fact that I was only cancelling because of the marks from the treatment I received which they told me is normal -I beg to differ. They also said that I signed a form to say that I was happy with the explanation prior to the treatment. Yes I did sign the form but at no point did they tell me about what was involved with the cupping and definitely no mention of the severe markings lasting over a week. I argued that I had therefore been misinformed and entitled to a refund.
In the end I contacted their head office and have been disputing this matter for the last 3 months because their customer service team are inadequate. It took several weeks of calls and email before I got a response and was told that they were busy with all of the complaints they had to deal with. This gives me no confidence in their business. 3months later I have been told that I will not get a refund because it is against their policy - they have not waivered from this but have also not considered all of the facts.
My question is... How can I get my refund for treatments that I am never going to have? As I reported the problem within 24hours does this come under the 7day cooling off period?
I look forward to hearing you advice.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
I am happy to continue to wait
Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.
Yes please keep trying to get an answer.
Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
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.

I assumed you booked the future treatments at the centre please?

Customer: replied 2 years ago.

Hi Alex,


Sorry for the delay in replying. Yes I did book the future treatments at the same centre. I was pretty much encouraged to do so by the assistant while I was half asleep following the initial treatment which I think is wrong or unethical in itself.


Hope you can suggest a solution as this is one stress I could do without at the moment.


I look forward to hearing from you soon.


Claire

Expert:  Ash replied 2 years ago.
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?

Alex

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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