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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12718
Experience:  30 years as a practising solicitor.
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I had a Hair Transplant almost 2 years ago, my contract was

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I had a Hair Transplant almost 2 years ago, my contract was for 3 years and while I do not expect much more other than small laser treatments unless any other problems appear (hair transplants begin to fall out) I was advised today that the clinic has closed down. When I agreed to the transplant, I was asked to sign a credit agreement with a Bank by the hair treatment company, my payments (paying is not a problem) have around 11 months to go. However, the company firstly are unable to fully complete the treatment, I cannot receive any consultation on their 100% guarantee, I fear they will not provide any form of compensation, the bank confirmed when my agreement was approved that they had settled with the hair company, it was very apparent that it was an in house arrangement to provide easy access to accepting a transplant, all paperwork being signed on the hair company premises. Do I have a leg to stand on, the agreement for payment appears official and is basically a loan under the consumer credit act and although the hair company is mentioned in the letter confirming my finance, it is not mentioned in the finance agreement I received stapled to the finance agreement. Something is badly wrong with the company, I even suspect they will not have any funds to compensate and while I am relatively happy with my transplant, they cannot commit to the full terms which could include further transplants if not satisfied.

Thanks for your question. I am a solicitor in Scotland. From your description this is a personal loan as opposed to an HP agreement. Is that correct?

Customer: replied 6 months ago.
I had a look at the finance deal, it states at the top of the paperwork it isa Fixed Sum Loan Agreement Regulated By The Consumer Credit Act 1974.
Also within the agreement there is a section headed Important -please read carefully.one section is headed Claims for Goods and reads:
If any goods costs more tuan £10 and not more tuan £30000 and is unsatisfactory, you may have the right to sue the supplier , you have the right to seek redress from us if you are unable to seek redress from the supplier (the last part might be for items over £30000, it is not totally clear.
Apparently the supplier has closed its doors, is no longer trading in Glasgow, I did speak with the bank, apparently their credit control is reviewing the position as they have had numerous calls, I still have 11 installments to pay, could I stop paying pending discussions, I have a very clean credit history?

I was hoping you would say that. It refers to credit under £30000. If the supplier breaches the agreement you can sue the credit provider. The company has gone under and can no longer meet its side of the contract so you can make a claim to the bank if there is a financial loss to you or if goods and services aren’t supplied in accordance with the contract. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 6 months ago.
Thanks, ***** ***** I be best to do now, stop the monthly payments still due, advise the bank why (the company has stopped trading in Glasgow, it cannot meet my original agreement) and ask for a full refund of the payments paid given the failure to complete their contract.
Just my thoughts, your further advise would be very much appreciated.

What has still to be completed and what value can be attributed to that?

Customer: replied 6 months ago.
While I have been pleased with procedures, I could ask for more implants, the main sale point was 100% guarantee of success, I am still due laser treatment, regular reviews and consultation whenever I wanted with their own expert review that everything appeared good, no skin defects, hair condition. My worry would be what appears to be very poor end results with others (online posts) which while I appear to have avoided, will I ever be certain, the 100 % gtee has gone with their closure. So I have paid basically for a failed service. I feel certain I should as a minimum stop further payments (yes/no) and claim full refund and see what happens (yes/no).

Yes, try those as a starting point although it is difficult is there is no actual ongoing treatment.

Customer: replied 6 months ago.
Not as such, do you think it okay to stop any more payments. I really would hate my credit rating to be effected, however I do not see why I should continue to pay when the business has closed.
Customer: replied 6 months ago.
There is definetly ongoing treatment, laser treatment, also their expert advise as to whether they would complete further implants ( the last part being very much decided by my wishes and results. To clarify, I have had the initial transplant and then a year later a second transplan.
I understand what youare saying, my key point at the moment, CAN I CONTRACTURALY STOP THE PAYMENTS STILL TO BE MADE IN THE SAFE KNOWLEDGE THAT THEY HAVE, NO MATTER WHAT WAY YOU LOOK AT IT (MY OPINION) BROKEN THE CONTRACT?
Customer: replied 6 months ago.
Does my last question not link to the first question, I am at present only looking for and was in the initial qustion guidance as to what Iam legally able to do with payments still to be made given the company has closed and basically broken the contract, it cannot provide support in Glasgow as it no longer trades. Thank JGM from Jim
Customer: replied 6 months ago.
Why do you keep asking for more money, I thought I had paid for the service to answer my original question and I still am not sure as to what to do with the existing loan deal now that the supplier has closed his premises and business.
Customer: replied 6 months ago.
I spoke with Just Answer earlier today and I was advised I should have had a reply to my last question regarding my existing loan payments and what to do. I have been very pleased with advise so far, indeed I think I will probably need more expert advise (I believe it will cost £50). However what I did initially sign up for cost £13 and part of the original question does not appear to have been answered (in my reading of all feedback), perhaps I am wrong, but I would like clarification. thanks

My initial answer was : “ was hoping you would say that. It refers to credit under £30000. If the supplier breaches the agreement you can sue the credit provider. The company has gone under and can no longer meet its side of the contract so you can make a claim to the bank if there is a financial loss to you or if goods and services aren’t supplied in accordance with the contract. I hope that helps. Please leave a positive rating so that I am credited for my time.” That answered your initial question. If you make a claim to the bank it is fairly obvious that you aren’t going to make any more payments to them.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 6 months ago.
Just me being slow on the uptake. I was very concerned if stopping payments would effect my credit rating. Thanks for all your help, hopefully not, my instinct tells me the issue will not go away, Shawbrook Bank will try all sorts but then they will not have anymore of my hard earned cash. Thanks again. Whether they will repay for the failed contract is another matter.
Customer: replied 6 months ago.
Thank you once again for your replies, I have a feeling the company are going to do everything to avoid repaying or ask for continuation of loan payments.The only documentation I have is what appears to be an unsigned loan agreement which has some printed numbers where a signature should go. It is also evident that the company are deleting the word Glasgow form all their external online advertising which remains extensive. At the time I took up their offer, it included 100% success guarantee. I wrote to the Bank 3 days ago and as yet have had no reply, KSL have not been in touch and when calling Glasgow office there is no reply and you cannot leave a message, I did call Shawbrook Bank last week prior to your advise, they advised i should call the KSL office in Kent, again the response was very arms length, stating KSL Glasgow was a different company. Sorry for the length of this email, I appreciate any further detailed support will mean I need to pay £50 (not an issue), but before agreeing to this, do you think it will be worthwhile, my gut is they may suggest they will suggest I continue with treatment (not sure how) however if I believe everything I read online, you would not now go near the company for any further review let alone further hair transplant treatment which I believe was my next step having a further year of treatments and the 100% guarantee. In short, I really believe they have failed to keep their side of an agreement (which I doubt I can produce or indeed they can) and I do belie I am due my loan installment paid back under the terms of the loan agreement.
Customer: replied 6 months ago.
It definetly looks like I will need further assistance, can you confirm it would make sense. Thanks
Customer: replied 5 months ago.
Sorry for not getting back sooner, long story. Perhaps we could speak on the telephone, if needed, I am happy to pay for the premium service, at present it feels wrong to pay more to the loan company, but it also looks like I am the one in default if I do not pay, equally the Hair company (KSL) get away with it, I understand they have went into liquidation! It would be good to understand your thought during the course of today. thanks again
Customer: replied 5 months ago.
I am available to chat just now or I can be online tomorrow at any time if you can confirm a time, thanks

If you want to book a phone call on the system I should be able to call you this evening. There should be instructions on the customer site on how you do that.

Customer: replied 5 months ago.
thanks, ***** ***** advises that I let you know my telephone number (01294 221819) and we agree a time for you to call (would 8 o'clock tonight suit, I am flexible - earlier or later if 8 does not suit. Please let me know, thanks once again

I don’t see a phone call request on the system. We don’t use phone numbers directly. You’re supposed to input the number into the system and it generates a request via the server.

Customer: replied 5 months ago.
I am sure this is simple, but I cant see the private message board where I believe I am meant to register my phone number?
Customer: replied 5 months ago.
The help line is closed for the evening, I guess I will just have to wait or I can try to provide a text update on the situation and the clarification I need, is that okay with you, thanks, ***** ***** all relates to my original question.