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Did you sign a contract and did it have a cancellation clause in it?
Yes I did sign a contract - in which it says that I received an information booked and that "I need to read through each section". Annoyingly I do not have the booklet to hand just at the minute - and indeed will not have access to it till the weekend. I do not see any cancellation clause on the reverse of the document - but there is a lot of small print which I would have to go through.
I am skim reading it and it does say that should I wish to cancel all monies are fully refundable.
Pre booked appointments for cosmetic or bariatric surgery may be cancelled at any time prior to consultation and will receive a full refund including deposit. Cancellations after consultation will be refunded in line with 5.2 above which I will type out …. this does not apply to dentistry...
5.2 Cancellations of bookings - we recommend that you consider all aspects of your procedure for at least 7 days afar your Consultaion with your practitioner. For up to 7 days following your Consultaion should you wish to cancel for procedure the deposit and any monies paid for your procedure are fully refundable with the proviso that the Company has been notified by recorded or guaranteed post to Scheduling Department… The Hospital Group, Bromsgrove.. The Company reserves to right to retain any recoverable costs incurred in arranging transport After the 5 day period of reflection the following monies would be retained/payable to fray some of the costs incurred.
Cancellation made 2 weeks prior to surgery date 25% of total cost
Cancellations made 8.14 days prior to date of surgery 50% of cost
Canellaiton made 7 days or less prior to surgery 75% of cost.
Obviously everything happened in one afternoon - the payment had been over the phone prior to meeting Rep and doctor in London but the consultation, doctor not taking on to do the operation and my cancelling were all on the same afternoon.
ok so as far as you are concerned you have followed the cancellation procedure as stated and are still within the time to get a full refund?
So what do I do - how can I get them to issue refund? I have had many telephone conversations and email exchanges but nothing.
As I said at the outset - I had an email from London representative (a few days after my consultation) apologising for not having informed me of pre op diet - surely that if nothing else screams negligence? I have the name of the "complaints" person in Birmingham whom I have emailed - doesn't respond. The London rep who I have spoken to many times says that "it is out of her hands". I told her yesterday that I would be putting it in the hands of solicitors.
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
So, if I understand correctly - I should write to them (letter I presume - not email) asking them to reimburse. 10 days later - and assuming no reimbursement and/or no contact I can go online to www.moneyclaim.gov.uk and they should hopefully respond.
yes correct, once they see a formal claim has been made they may reconsider their position, if not you can proceed with the formal claims process
From the hastily copied clauses of reimbursement which I typed above - are you happy that I am indeed sure a full refund? (At no point in any conversations have they ever said that I am not)
At this stage, with the trail of emails I have already - and endless telephone calls can I bypass (pun!) the initial letter and go straight to www.moneyclaim stage?
well you were entitled to cancel within 7 days of the initial consultation so can rely on that. I suggest you send one final letter where you mention that court is the next step if no refund is issued
Ok I will do. Thank you very much. Is there any specific wording I should or should not use in this initial letter to them or just outline the facts again?
Not really, just be to the point, what you are owed, when you want it by and what would happen if they do not pay.
Ok, thank you very much for your help.
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