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Ash
Ash, Solicitor
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Where do I stand in regards XXXXX XXXXX a proper

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Attachment: 2014-04-23_033805_terms_and_conditions.pdf

Where do I stand in regards XXXXX XXXXX a proper refund


Hello I’m Thomas and Live in the UK

I booked to have a rhinoplasty with the Hospital Group in September, however on the day I was feeling neverous and phone the hospital group to advise that I was feeling this way. Before the procedure they needed a letter from my doctor to say he was ok to have this procedure this was done over the phone and sent directly to the Hospital Group.

This appointment then was rebooked for November 26th November. A day before the appointment I was phone by the Hospital Group to advise that the surgeon cancel me as he felt I was not mentally fit to have this procedure.
   Having speaking to my Doctor face to face he advise that he was not happy for me to have this procedure has he felt that there was nothing to correct and would not be good for my mental health.

I then advised the Hospital group of this who response has been based on the first letter that they still feel I’m still fit to have this procedure and want to me to see another consultant bypassing their first surgeon that he feels I’m not fit to have this procedure. ( This to me seems medically questionable )

I then advise them I wanted a full refund as they cancel my procedure, there response has been they have not cancel me as they are offering another me another surgeon and if I refuse then I would be cancelling them.

At this point if I was to refuse they would only give me 25% of the money back and have advise in a letter that they will keep the other money on credit that I have use a later date for another procedure.

At this point in time I not made any decision to the Hospital Group who have now kept my money for the last 8 months this is around £3500 for nothing.

I feel bullied by this is the organisation into having this treatment or risk loosing practically all this money. I can accept that I might lose the £500 deposit. However based on their terms and conditions they can keep 75% of the money to cover costs incurred by the company. However based on the above they cancel me on the second appointment a day before the procedure. How can them costs be given to me. Plus on the fact they have given me a letter saying they will kept this on credit then surely admitting they have been no costs incurred and if they are they have been grossly inflated.

I thought terms and conditions had to be fair to both parties from reading uk law.

At this point in time I basically like to know my legal rights to get back a full refund or most of the money back. Or what the next best course would be.

Thanks


Tom

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How long after you booked did you cancel please?
Customer:

I not cancel at Any point

Customer:

Just resheuled The First appointment

Alex Watts : Thanks.
Alex Watts : And you want them to continue or a refund?
Alex Watts : If it is because of mental health then 5.3 comes into play
Alex Watts : This is medical conditions.
Alex Watts : Therefore they will refund 100% if there is a medical condition they don't know about
Alex Watts : so if the surgeon refused you are entitled to a full refund.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

The first time my doctor raise concerned about having this procedure after speaking to him via phone and after convining him I was ok to have it done, he sent a letter approving me.

After that I was rebooked, then I was phone and was told on the phone that he cancel because he felt I was not fit to have this surgeon and would only do it if I was approved by a consular. However on the letter they sent me they said he cancel me because he thought I would postponed again.

Then after speaking to my doctor face to face he recommendation is I don't have the surgery because he feels he not in my best interests physically or for my mental health because he feels i might have suffer from bdd around 6 years ago even though I never been never been confirm.

Can they ignore my GP advice because they feel because of the first letter approving me and then after seeing my, feel the first judgement was incorrect.

Plus if we ignored any of the medically side of things. Which the surgeon cancel me, am I legally forced to accept another person ?


Alex Watts : No. They cancelled, you are entitled to a full refund.
Alex Watts : If they refuse you can take them to court.
Alex Watts : Does this help?
Customer:

yes it does thank you

when speaking to them on phone the hospital group are stating they are not refusing me because are still offering me another sugeron. They stated to me that I enter a contact to have this procedure done and this is still in effect and that a surgeon has the right to refuse a patient. But if I chose not to accept another consultant then in effect I am choosing to not to go ahead and that I would be cancelling which would being 5.2 of their terms and conditions in effect .

I feel at this point I will need to take to a small claims court to get my money back I just want to make sure they can't use that against me


Alex Watts : 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/
Customer:

when speaking to them on phone the hospital group are stating they are not refusing me because are still offering me another sugeron. They stated to me that I enter a contact to have this procedure done and this is still in effect and that a surgeon has the right to refuse a patient. But if I chose not to accept another consultant then in effect I am choosing to not to go ahead and that I would be cancelling which would being 5.2 of their terms and conditions in effect .

I feel at this point I will need to take to a small claims court to get my money back I just want to make sure they can't use that against me

Alex Watts : 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 signed delivery and keep a copy.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Does that help?
Customer:

Just a final confirmation on that they cannot say I am cancelling on them and I would assume i'm not legally bound to accept another consultant I think this is the main point they are trying to use against me, regardless on any medical condition.

after that I happy to send a letter demanding the money or I will take them to court

Alex Watts : You are correct,
Customer:

ok thank you

Alex Watts : Grea. P
Alex Watts : Please remember to leave feedback before you go today
Customer:

I have spoken to the hospital group today they said I got no legal right for a refund because they are offering another consultant and because of this they are not cancelling

Alex Watts : But they said the surgeon siad you were unfit, they can't expect you go to go through with it saying you have a condition.
Alex Watts : Take the steps, write and issue a xlaim
Alex Watts : claim
Customer:

Just one last thing then I will consider this finish

My Doctor said he cannot confirm i have a condtion unless I speak to a specialist, however if my doctor who is happy to write a letter to confirm that he believe this procedure it not require and does not believe I am mentally fit to have this procedure or to have made this decision in the first place. Would this be good enough ?

Thank you for your help

Alex Watts :

Yes, all you have to show is that the first surgeon cancelled because of your condition

Alex Watts :

Does that help?

Customer:

the thing is on the phone they said that on the letter they are saying it's because he felt I would resheuled again, they have reworded it to suit them which I think is wrong

Alex Watts : You should issue a claim by taking the steps I have outlined above
Customer:

ok no problem what would be my changes of getting my money back

Customer:

chances i mean

Alex Watts :

It really depends on the Judge, but I would think based on what you have said more than 50% which is what is needed.

Alex Watts :

Can I clarify anything for you?

Customer:

OK thanks for your help

I will got to my doctor to get a doctor letter in writing.
I will send them a hospital group with a copy of the letter, at this point I will demand the money back else I take them to court and also get another body involve which can launch an investigation based ethical stand point of trying to bully me into a procedure a doctor has refuse to perform.

Hopefully at this point it will scare them enough just to give me my refund else I would assume they would face court charges etc


Alex Watts :

Yes.

Alex Watts :

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