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New Business (Laser Teeth Whitening

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I am looking for some legal advise, or to find people in the same situationas myself. I work full time but find my job doesn’t cover my out goings, so Idecided to start my own business so I could earn extra money over the weekendas well as work Monday to Friday in the day job.
I bought into a business for Laser TeethWhitening. This seemed the ideal start up, it was nearly £2000 this included equipment andproducts if I used all the products in the kit it would pay for its self within8 weeks. However before I started I found out that the process of laser teethwhitening must be carried out by someone registered by the GDC. There was acourt case just the other week where the DGC had taken a lady to court and shewas convicted and is waiting to hear her fate shortly; she was doing the sameprocess I would have been doing. The products and equipment I have are withinthe legal threshold however it is the process that is illegal if you are notregistered with the GDC. I have notstarted to use the equipment or trade. I have asked for a refund on thebusiness start up but have been told it is fit for purpose, my argument is itis illegal to practice this procedure thus I cannot make a living. Where do Istand with a refund? I feel I have been mis-sold a Business

Comments

  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What does the contract with the people you bought the 'business' from say with regard to cancellation and refund?

    Oh, and for what it's worth, it sounds like you don't have any training or prior experience of dental work. I wouldn't hire anyone like you for my dental work. I want a dentist who's been to college, university, whatever, and who has a bunch of letters after their name to prove it. I also want to see that they've been practicing their trade for a number of years before they go anywhere near my gob.

    I certainly don't want a novice pointing a laser into my mouth.....
  • brook2jack
    brook2jack Posts: 4,563 Forumite
    This has been a really common problem and many beauticians have been caught by it. Are you a member of babtac character beauticians organisation? They have helped quite a few people.

    Trading standards also have helped some, the phone number for your local trading standards will be on your local council website.

    How did you pay, if by credit card you may have some recourse there.

    Salon geeks is a web forum in which quite a few beauticians have detailed how they got refunds so you may want to ask there.

    Which company was it that sold you this stuff? There are so many ripping people off assuring them tooth whitening is legal when the GDC have been prosecuting people successfully for the last two years at least.
  • mo786uk
    mo786uk Posts: 1,379 Forumite
    The recent case taken by the GDC was, well - recent - only last month it was decided at the high court that teeth whitening is something that should be done by dentists

    You might be on a sticky wicket getting a refund because at the time there was still some debate about whether it was legal or not as nothing has been set in stone by a court case.

    In a business to business transaction it is upto you to do your own research

    They business that sold to you would be misleading people *now* if it told them it was legal to offer teeth whitening.
  • brook2jack
    brook2jack Posts: 4,563 Forumite
    Actually there have been regular prosecutions for the last few years eg jan 2012 http://dentistry.co.uk/patients/news/4746--Smile-makeovers-Teeth-whitening-Teeth-Whitening-UK-Tooth-whitening-Tooth-whitening-qaposCosmet
    march 2011 http://www.gdc-uk.org/newsandpublications/pressreleases/pages/defendant-pleads-guilty-in-tooth-whitening-case.aspx

    The GDC who prosecutes such cases has been saying for years it is illegal and even the nhs has said for years it is illegal http://www.nhs.uk/Livewell/dentalhealth/Pages/teeth-whitening.aspx

    There have been many more but Ms Jamous case was the first where the defendant pleaded not guilty ,an appeal was held in the High court which established case law.

    BABTAC ,HABIA and other beauticians organisations have for several years stopped providing insurance for tooth whitening for beauticians and have been working to stamp out the practice. Here is a thread from 2008 where babtac are advising tooth whitening is illegal for non dentists http://www.salongeek.com/skin-geek/42779-smilequest-teeth-whitening-4.html

    The only people for the last three years at least who have said teeth whitening is legal by non dentists are the companies selling training and packages and people who have been misled into providing illegal tooth whitening. everyone else, courts, GDC, trading standards , NHS etc have stated it is illegal.


    The illegal sellers are now claiming that an appeal may be put in tot the supreme court. However the fact is there have been prosecutions, case law has been made this has been ratified by the High Court, the illegality of tooth whitening by non dentists has been established for years you have a good case for getting your money back but I would hurry many of these companies have gone bust before paying out.
  • Hi everyone thank you for your views on this it has been helpful, this was a training and start up package. I did do training and have insurance to cover the cosmetic beauty treatment of teeth whitening. But I now feel I have been mislead.

    thanks again :)
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