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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work as a hypnotherapist and a client I saw

Customer Question

Hi, I work as a hypnotherapist and a client I saw for weight loss is asking for a refund of the 3 sessions we did because she didn't lose weight in that time, despite her telling me she had an entrenched emotional problem inherited from her mother and she was very skeptical.
In my initial correspondance I said ...
"Sometimes weight loss is really very simple - much easier than people expect; other times it can be a little more involved, especially if there emotional eating patterns underlying.
Either way, there is ALWAYS a way to make it work, because it is really only about resolving some form of inner conflict.
Usually this takes a few sessions overall, depending upon individual circumstances, but I usually suggest to start off with one or two sessions initially (or ideally a double, 2 hr session if possible), as this gives us enough time to chat through all the details and get the treatment off to a really good start. Then we can take it from there and see how much further treatment is needed, if any."
I made no promises or guarantees about specific outcomes within specific timeframes, and I did refer to having to resolve the underlying emotional issues.
Any initial thoughts on where I stand?
With thanks,
Andrew
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How much did she pay for the 3 sessions?
Customer: replied 1 year ago.
Hi Ben, she paid my hourly rate of £130 per hour.
Customer: replied 1 year ago.
So £390 total.
Expert:  Ben Jones replied 1 year ago.
Was there an agreement in place or terms and conditions which dealt with refunds and when they may be issued?
Customer: replied 1 year ago.
I have terms and conditions on my site stating no client refunds but I didn't specifically point her to them and we didn't discuss it or make an agreement over refund policy. We just spoke about the treatment itself.
Expert:  Ben Jones replied 1 year ago.
Getting a refund following hypnotherapy can be difficult because it should be clear from the outset that results are not guaranteed and that the client should be going into this with an open mind. Unless you offered a refund policy, or it was clear that your services were well below par compared to what one would expect from a professional hypnotherapist, or you simply did not offer the services which you promised, then you would not generally be required to issue a refund. The client may be dissatisfied that they did not get the results they were hoping for but as mentioned there would not have been a guarantee that this would have worked and that does not mean you did not provide her with an adequate service.
At first, what you may wish to consider is some customer satisfaction methods of resolution such as a discounted session in the future, or a partial refund, such as 10-20% of what she has paid. However, do not agree to a full refund and make it clear that due to the reasons mentioned above she would not really be due one. If she really wants to she can take this further and to do so she would have to make a claim ion the small claims court. However, I am not sure if she would go that far for the amount concerned and she may be put off by the costs and time involved. So unless she goes to court and wins you cannot be forced to refund her. Even if she went that far, you would not be in a worse situation because you would only be required to pay what she has claimed, so it would not be much different than if you had chosen to refund her now.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Ben, I already offered her a refund of one of the sessions and a free session but she said no, she wants a full refund.
Expert:  Ben Jones replied 1 year ago.
Ok you do not have to issue one as mentioned so can stand your ground and see how far she takes it. I would hope she does not go to court over this sum
Customer: replied 1 year ago.
Thanks.
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best
Customer: replied 1 year ago.
Hi Ben, she asked for 75% refund and I sent her a nice email but saying Idid not accept.A week has passed and she has stated that she is going to send me a "Letter Before Action". Any suggestions as to what I can reply?With thanks,Andrew
Expert:  Ben Jones replied 1 year ago.
Your reply now would not be much different to what you have already told her. Make it clear that if she is trying to take this further by going to court ahe may not necessarily get what you have already offered her and may even end up worse off financially as she will have to pay court costs
Customer: replied 1 year ago.
OK Ben. If it does go that far and she wins, would I have to pay court costs?
Expert:  Ben Jones replied 1 year ago.
Yes but they wont be much maybe £200-300 or so
Customer: replied 1 year ago.
Hi Ben, Oh, Ok ... earlier on you said ..."Even if she went that far, you would not be in a worse situation because you would only be required to pay what she has claimed, so it would not be much different than if you had chosen to refund her now. "Can you please clarify, with thanks, Andrew.
Expert:  Ben Jones replied 1 year ago.
Hello, what i meant was that in the small claims court you are not required to pay her legal costs so that would include the costs she had paid if she decided to use a lawyer and paid for their advice. These could be quite high because lawyers' fees are not cheap. However if she wins you would be required to pay some of the court fees she paid to start the claim, but overall these would not be much compared to the legal fees so that is what i meant by 'it would not be much different' because in the grand scheme of things it would not. Hope this clarifies

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