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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I had a consultation with a plastic surgeon , this was a free

Customer Question

I had a consultation with a plastic surgeon , this was a free no obligation consultation. After the consultation finished I was asked to sign a document which i was told was just to understand what was explained to me, it transpired that even though no money had changed hands for surgery I actually entered into a legal binding contract. I found this out when I assumed I was cancelling my procedure under the 14 day cooling of period. The contract I signed stated I only had a 5 day cooling of period. The hospital in quest with held 25% of the money I paid. Do I have any redress for refund
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Are you saying you were not told you were signing a contract for the surgery at the time you entered the agreement?
Customer: replied 1 year ago.
HelloCustomer
Definitely not, after my free consultation I was take to another room and given the costs, I was then presented with a personal quotation to sign. No money changed hands , no appointment was made and again I was given the option to think it through. On the rear of what I signed had terms and conditions and one of the conditions was that I had a 5 day cooling off period from when I signed the personal quotation. I must say I did not read terms and conditions. Consultation was 11th July ,I booked 15th July and cancelled 22nd July. However hospital group stated that I was out of my cooling off period as per there terms and conditions
Customer: replied 1 year ago.
Sorry just seen that your name is Jenny
Expert:  Jenny replied 1 year ago.
So to be clear you were told specifically it was a quote?
Customer: replied 1 year ago.
Yes, I was clearly told I was signing a quotation. I have attached PDF copy of the signed quotation
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** extremely misleading. Is it the £500 they are refusing to refund?
Customer: replied 1 year ago.
I did not pay any deposit, I paid the deposit of £500 on the 14th July and the full balance was paid on the 16th July. They Hospital group with held 25% being £2303.75
Expert:  Jenny replied 1 year ago.
I'm sorry but I'm a bit confused as to what has happened. Are you saying that at some point after the consultation you agreed to enter the contract and made the payments?
Expert:  Jenny replied 1 year ago.
Or are you saying they debited the card based on the quotation without any further consent?
Customer: replied 1 year ago.
No , after the consultation I then decided on the 14th of July to proceed with the surgery It was then that I gave them £500 deposit, with the full balance being paid 2 days later. What Is in question is my right to cancel with full refund. The company are stating that as I signed their contract which I believed was a person quotation on the 11th July I then was out of my cooling of period as per their Terms and conditions
Expert:  Jenny replied 1 year ago.
Ok thanks so the issue is over what cooling off period is applicable rather than anything else. How did you finally make the payment was it over the telephone?
Customer: replied 1 year ago.
Yes that is correct, the cooling of periodThe deposit was paid over the phone Mastercard , the balance was paid at the same office as my consultation as I was using My Amex card to pay the balance. They informed me that that they could not take American Express over the telephone for security reasons and that I had to take the card into their offices personally
Expert:  Jenny replied 1 year ago.
This is interesting as I suspect that the requirement for you to go to their premises to pay the balance was to avoid the implications of the Distance Selling Regulations which require a 14 day cooling off period for purchases made over the telephone. Did you cancel within 5 days of when you eventually agreed to have the surgery?
Customer: replied 1 year ago.
No I cancelled on the 22nd July
Expert:  Jenny replied 1 year ago.
Sadly as you made the payment on the premises in respect of the balance the Distance Selling Regulations will not apply. They would potentially apply to the amount of money paid over the phone, but this is less than they have agreed to refund you. The only way you can dispute this is to say that the amount you are being charged amounts to a penalty clause as they do not suffer a financial loss as a result of you deciding not to go ahead with the treatment and the penalty you are being charged is excessive and see if they will agree to refund you more on that basis.
Customer: replied 1 year ago.
Thank you I will try that
Expert:  Jenny replied 1 year ago.
No problem, really hope that they will refund your money. Good luck. If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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