Cancellation fee due to missed appointment

POPPYOSCAR

earthstorm wrote: »

so a business has to be out of pocket because a customer failed to turn up for their appointment so therefore breaching their contract.

if they do bill the OP for the £35 and the OP fails to pay and they take the OP to small claims them just think the Op will have to them pay the £35 + the £25 it cost to make the claim and then if they dont pay this and a CCJ is issued another £35, so now thier £35 has become £95.

The OP breached contract so should pay up

It would be a short-sighted business that would do this.

Why lose potential custom for such a small amount?

As a small business we have often absorbed additional costs caused by our customers in order to keep their custom. Same as you cannot tell some customers exactly what you might think, of them!

Running a business is a compromise sometimes.

harrup

phingers wrote: »

Hi all. Took son for podiatrist appointment 3 weeks ago after the appointment agreed to follow up appointment today. As son is now OK, meant to cancel appointment but due to work issues completely forgot. Just had a message on the answerphone stating that as the appointment was missed and the slot could have been filled, that I am to be charged the £35 appointment fee. Hands up, my fault but I am just wondering how they can enforce this? They have my credit card details form last time so can they just take the money? TIA

I am unsure about the legalities involved regading the payment for services not actually rendered and whether this could be enforced.

However...one possible way to address and rectify your problem would be to contact the podiatrist ( via email or snail mail), sincerely apologize for the oversight of the missed appointment, and politely request that the fee is waived this ONCE.

No sane business will take a longstanding client to court over £ 35.00. Especially when the charge pertains to the client failing to show up.

Whilst it must be immensely frustrating and costly for ANY service provider ( be that at a restaurant where you booked a table, or a hairdresser, or a dentist or the local mechanic) - "no shows" are part of being in this business, just as returns are part of retail business. Which is why ALL service providers facture in no-shows into their charges. If they don't, they don't have any business sense and won't stay in business for very long.

My advice: apologize for your error and ask the practice for a new appointment. Then bring chocolate or a bottle of wine ( or better still - new clients!) For what it's worth....my gut feeling is that, legally, the podiatrist would be skating on thin ice if they pursue the missed appoinment fee. What is more plausible is that it would give them legal grounds to justifiably refuse you as a client in the future.

harrup

earthstorm wrote: »

so a business has to be out of pocket because a customer failed to turn up for their appointment so therefore breaching their contract.

if they do bill the OP for the £35 and the OP fails to pay and they take the OP to small claims them just think the Op will have to them pay the £35 + the £25 it cost to make the claim and then if they dont pay this and a CCJ is issued another £35, so now thier £35 has become £95.

The OP breached contract so should pay up

With respect....but just as there are advantages in running one's own business, there are disadvantages. Clients failing to show up being one of them.

In other businesses, people spend heaps on time in preparing quotes and estimates on jobs they may never get. Potential customers change specifications, time frames, etc, etc, and at the end they may go with a different supplier. Its an annoying part of running and being a business....but is IS a part of being a business.

I wish I could have charged a fee for wasted time every time a client went elsewhere ...but alas, not possible.

Charging a customer for wasted time is business suicide, regardless the nature of the business. People talk. It takes a long time and considerable effort to establish a good reputation and VERY little to ruin it.

earthstorm

POPPYOSCAR wrote: »

It would be a short-sighted business that would do this.

Why lose potential custom for such a small amount?

As a small business we have often absorbed additional costs caused by our customers in order to keep their custom. Same as you cannot tell some customers exactly what you might think, of them!

Running a business is a compromise sometimes.

why do so many users on MSE never read

i clearly stated

if they do

which they can if they chose too. it is clear the OP breached their contract and it will be mentioned at the surgery and most likely in the terms when the OP signed up to the surgery that a fee would be charged for missed appointments. why should they waive the fee for the OP as what is special about the OP to get special treatment over other patients that missed appointments

unholyangel

harrup wrote: »

For what it's worth....my gut feeling is that, legally, the podiatrist would be skating on thin ice if they pursue the missed appoinment fee. What is more plausible is that it would give them legal grounds to justifiably refuse you as a client in the future.

I wouldn't go with your gut feeling in this instance. Consequential loss. The only way they'd be skating on thin ice is if the check up OP had was at no charge...they'd have no claim for consequential loss as they'd have been paid £0 anyway. Or if £35 isn't their actual loss/genuine pre-estimate of their loss then they'd struggle.

As for "legal grounds to justifiably refuse you as a client".....no legal grounds necessary. Just as consumers are free to pick and choose which retailer to enter into a contract with, businesses also have the option of not entering into a contract with a consumer. In most cases, it would be bad business sense to do so - unless the cost of that customer outweighs their worth.

earthstorm

unholyangel wrote: »

In most cases, it would be bad business sense to do so - unless the cost of that customer outweighs their worth.

Not 100% True. change "In most cases," to "In this case," and it will be true, but if the OP then missed another appointment then the business is fully justified to refuse them any further appointments.

But still not get away from the fact the OP failed to turn up for an arranged appointment and failed top cancel the appointment, so a podiatrist and most likely a nurse were sat waiting for the OP to turn up, their services do cost and most likely more than the £35.
All this was the OPs fault and no one elses

The GMC are looking at making a charge if patients miss GP appointments without cancelling them.

harrup

unholyangel wrote: »

I wouldn't go with your gut feeling in this instance. Consequential loss. The only way they'd be skating on thin ice is if the check up OP had was at no charge...they'd have no claim for consequential loss as they'd have been paid £0 anyway. Or if £35 isn't their actual loss/genuine pre-estimate of their loss then they'd struggle.

As for "legal grounds to justifiably refuse you as a client".....no legal grounds necessary. Just as consumers are free to pick and choose which retailer to enter into a contract with, businesses also have the option of not entering into a contract with a consumer. In most cases, it would be bad business sense to do so - unless the cost of that customer outweighs their worth.

Hmmm, you could well be right.

Nonetheless, " consequential loss" might still be a tricky thing to substantiate if the patient/client wants to reschedule the missed appointment at a mutually agreeable time. As no fee was actually lost, just delayed. Different matter if the patient DOES'T reschedule, or is habitually forgetful/tardy...but as a one-off, the podiatrist will have a bear of a time getting their money if the client cheerfully refuses and tells them to go whistle.

As to the second part, I am unclear under which professional umbrella podiatrists fall. If they do fall under a medical umbrella, they have to adhere to a stringent code of ethics. Whereby a patient can't be refused on the simple grounds that the practitioner doesn't particularly care for them. Or no longer cares for them.

Murky issue.

earthstorm

harrup wrote: »

Whereby a patient can't be refused on the simple grounds that the practitioner doesn't particularly care for them. Or no longer cares for them.

Murky issue.

They can tell a patient that they no longer want them to be associated with their practice, just the same as a GP can. It is then upto the patient to find another practice to treat them as their is no LEGAL requirement for anyone to be registered with a podiatrist or GP.

POPPYOSCAR

Are you a Drs receptionist by any chance - you certainly come across like one!

earthstorm

POPPYOSCAR wrote: »

Are you a Drs receptionist by any chance - you certainly come across like one!

No, just over the last 6 months or so i think i may as well set my bed at my surgery.

their is not legal requirement to be registered with a GP or any NHS service, so they can refuse treatment.