Q Clinic administration - help!

jakiphoto

I have found out this evening that Q clinic have gone into administration.

I have spent the last 6-7 months paying £188 or so per month for aligner treatment. I have only received the digital/photo part of the treatment within that time period but no aligners.

I am on a credit agreement up until Oct paying by debit card. I have been sent an email saying the company has been take over by someone else and my treatment will continue with them but if I want my money back I should contact the administrators.

So now I don't really know what to do next - will get my money back? will I have to keep making my payments? I don't really want to stay with the company now that they have gone into administraton - any help or advice would be much appreciated!

wealdroam

Firstly, it might be a good idea to read MSE's Administration Help guide.

Secondly, do not cancel any credit agreement until you fully understand whether or not Section 75 of The Consumer Credit Act 1974 might help.
Read MSE's Section 75 Refunds article for more detail.

jakiphoto

I have read them both, basically not alot of hope for debit cards payments. Although I do see a section saying I could be protected by the finance company??

moyesforever

jakiphoto wrote: »

I have read them both, basically not alot of hope for debit cards payments. Although I do see a section saying I could be protected by the finance company??

Tell us the FULL story, including the payment method, it does help us to help you!

wealdroam

jakiphoto wrote: »

I have read them both, basically not alot of hope for debit cards payments. Although I do see a section saying I could be protected by the finance company??

Section 75 does apply to other credit if that credit agreement can be shown to be made specifically for that purchase.

In your case, making the credit agreement repayments by debit card is not important.

You will have read that Section 75 makes the credit provider equally responsible for performance of the contract.

jakiphoto

I have a credit agreement with hitachi capital, so when I bought the aligners I was offered finance from them until oct 2013, does this mean under section 75 I can get my money back from them?? I will have to phone them on Monday to see what they sat about the situation,

wealdroam

jakiphoto wrote: »

I have a credit agreement with hitachi capital, so when I bought the aligners I was offered finance from them until oct 2013, does this mean under section 75 I can get my money back from them?? I will have to phone them on Monday to see what they sat about the situation,

Well if the administrators are continuing to provide the service, probably with exactly the same people and equipment, then I would expect a section 75 claim for a refund to be unsuccessful.

Also, if you are paying by instalments, is this some sort of pay-as-you-go arrangement while treatment continues?
If so, what are you expecting a refund of?
You can only possibly have a refund of money paid for services or goods not yet received.

Or perhaps all treatment is complete, and now you are paying off the balance due via a credit agreement?
In which case you will of course need to continue making payments to the finance company until the debt is cleared.

Why don't you want to continue with a company in administration?

In your original post you said that you have been told "the company has been take over by someone else and my treatment will continue with them but if I want my money back I should contact the administrators".
I would suggest the bit about contacting the administrators for a refund was just put there to avoid having to tell you that no refund would be possible from the company itself and as a creditor of the failing company you should talk to the administrators about the very remote possibility of any sort of refund.

jakiphoto

Called Santander this morning, told them what happened and that wanted to use the chargeback scheme to claim back all my payments - gave them the company information, they put me on hold for about 10 mins and I watched my internet banking as all the payments came flooding back into my account!! Can't believe it was that easy - Very Happy :j

I would advise anyone else who has had issues with this company to call your bank asap and use the chargeback scheme.

Woop!!