The appointment was paid for by debit card.
And as previously explained the appointment was cancelled due to the controversy surrounding the Harley Medical Group and the scandals they have been involved in and I had no faith in their services.
Due diligence with my insurer showed that they are not a highly recommended clinic and therefore I ought to reconsider.
The particulars are in my query. I am not sure if you have had time to read this but the answer to your question is there. I attended the clinic on the 14 August for my first appointment and on that date they made my second appointment, for the 20 August. As per the terms and conditions the latest I could have cancelled the appointment of 20 August would be the Tuesday 12 Aug, which would be two BEFORE I ever made the appointment...
Thank you for the information.
In addition, I have concerns with the way the service has been offered to us. The nurse in question stated a series of fallacies which appeared to have been with the intent for us to pay the deposit. We were given reassurances that the deposit is refundable and that we have time to reconsider. We were also given to understand that the remainder of the balance would be due some time before the requested surgery.
We received the terms and conditions after we paid the deposit. And we were made to sign papers after we paid.
Also, after we paid the deposit, the deposit suddenly become non-refundable and they claimed that we are overdue for paying the remainder of the balance and we have therefore breached their contract.
We have been deceived into paying a deposit and I am concerned about this particular business practice.
There are also a number of inconsistencies in their communications which forms the basis of their refusal to pay. In addition, they have mentioned that there may be a consultation fee applicable and deductable from the deposit. Again we were not informed about these fees and were told that the deposit is fully refundable without any mention of consultation fees. After we paid these fees have become applicable when we want our deposit back.
They are misrepresenting the facts and create provisions at the detriment of the public only with an intent to generate a profit for themselves.
Your advice based on the issue of unfair terms and how to apply for a refund is most certainly helpful and will further my issue regarding this matter. However, it does not help with the business practice that has been used in this case by the debtor. They have deceived a member of the public to receive money.
The deception and the misrepresentation of facts is not covered by the aforementioned act.
Please advise on how to appropriately take steps in order to pursue the acts or omissions, namely misrepresentation of fact, deceiving and or bearing false witness to achieve a monetary gain. Any person with a reasonable judgement would consider lying to a another person with the intent to deprive them of their money or property an act of fraud. This is of great concern to me.
Your advice is requested in addition to the natural course of action which include a report with the local police department and a recommendation for CPS to pursue the matter should there be enough public interest and sufficient quality of evidence.
Well even if you take it to Court then the Court won't award you more than your loss. So it really makes no difference whether you claim unfair terms, misrepresentaton or breach of contract. You wont be allowed to profit from this, it will only be a refund.
As for Police, they wont prosecute as this is a civil matter. In order to claim fraud you need to show they were dishonest and intended to make a gain for themselves. This is not fraud, but a civil matter.
Does that clarify?>
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/