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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11553
Experience:  30 years as a practising solicitor.
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I hope you can help. I had cosmetic surgery with a reputable

Resolved Question:

I hope you can help. I had cosmetic surgery with a reputable UK company at the start of 2012. I had pinnaplasty and paid in full. After a couple of reviews following my suegery, it was apparant that some revision surgery was needed. The results of the surgery were not satisfactory to me but also, I was left with a bald patch at the front of my head due to a bandage I had to wear for 10 days post surgery (this risk was not stated in the literature I was given before my surgery). It was agreed that both things would be fixed free of charge and I signed something to agree this would be done. However, shortly after this agreement, I recieved a letter stating that the companys owners were changing. This letter stated that the new owners would not accept liability for anything the previous owners were responisble for. It is imporatnt to note as well that they also stated in this letter that nothing about the company would change (i.e clinics would run as normal-no mention of clinics in scotland closing/changing etc). Then I recived a letter saying a few weeks later that the comany would be pulling out of Scotland (where I live and where my surgery was originally done). As such, I was told I would need to travel to newcatsle five times for my pre and post op reviews and to manchester for my surgery. I explained that this was unacceptable in a written letter and that the procedures would have to be done in Scotland. I have recieved a couple of phone calls from a representative of the company saying they are doing me a favour for even agreeing to fix the problem still as they are not liable but they insist on me travelling to England. I have not the money or time available for this and I shouldn't be expected to do such a thing for such nerve racking procedures. The surgoens they use to do the surgery are NOT employees of the company and I know this. As such, I feel that they could (if they wanted to) pay a surgoen/hospital in scotland to do this. Please give me some legal advice as I feel we will not come to an agreement. Is there anything legally that I could use based on the above? The previous owners went bankrupt and thats why they were taken over. I don't know if this helps. I hope to get a reply from you soon.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I'm sorry to tell you that if the previous owners went bankrupt then you have no claim against them which is enforceable. Nor are the new owners liable to you as they will have purchased the assets of the business but not the liabilities.

They don't have to do anything for you therefore if they have offered remedial surgery at no cost you should think about this seriously even if you have to travel to get it.

In a nutshell, you have no rights here that are enforceable and you will have to take what you can get.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
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