Company not paying back refund after accepting liability

bigbrad

Hello all,
I would like to thank you all in advance for any support / tips you might have.

A dental company set finance up for me to receive treatment. The finance was set up for £3350. They asked for a £200 cash "deposit" which they assured me would be deducted from the finance. I found out in August that this deduction hadn't been made.

They admitted liability (email proof) and have since been making me empty assurances, along with passing me around from pillar to post with no refund in sight.

Twice they have asked me to wait 28 days for their "accounts team" to make the payment and twice it hasn't come through. I have long email chains, with the "accounts team" copied in along with several other staff members including customer care "managers" and the branch manager. The "accounts team" haven't replied to any communications from me or their colleagues.

I have had several conversations on the phone with their staff and genuinely feel they collectively have no intention of refunding me and instead do nothing but make empty assurances.

I am now at a point where I am willing to go to small claims court. Is this a logical next step to take? Or should I go through an independent mediator? (I assume a mediator would charge a fee? Would the company be liable to pay this if so?). I have no experience of these types of actions and would greatly appreciate support.

The entire process has made me lose sleep and made me anxious to say the least.

I'm exceptionally grateful for any advice.

born_again

Who was the finance with?
Dentist or a 3rd party.

bigbrad

Hello Born Again,
The finance was setup with a 3rd party. The receptionist setup the finance on my behalf.

McKneff

why didnt you check the amount before the last payment was made

Ectophile

If you're thinking of taking it to court, then the next step is a Letter Before Action. A Google search will reveal lots of examples. Give them 14 days to refund the money.

bigbrad

McKneff - I am still paying the finance. When the receptionist requested this £200 cash deposit, she assured me she would deduct this from the finance but she didn't. They have since admitted the mistake is their own.

Thank you for this advice Ectophile. I will certainly look into this.

Do people recommend I go to a mediation service? Or simply go straight to the Money Claim Online HM service and begin proceedings (after the letter of intent)?

Thanks to you all.

DoaM

The MCOL process offers (non-compulsory) mediation anyway prior to any court hearing.

Nearlyold

The finance was set up for £3350. They asked for a £200 cash "deposit" which they assured me would be deducted from the finance. I found out in August that this deduction hadn't been made.

A deposit is normally deducted from the cost of the treatment to arrive at the amount to be borrowed (financed). Can you clarify the cost of the treatment and the amount of the loan (ie the amount borrowed) and exactly what led you to realise in August that the deposit has not been accounted for in arriving at the amount to be borrowed to pay for the treatment, was it that the Deposit is included in the "Total Amount Payable" on the loan agreement? Just wondering if there has been crossed wires.

bigbrad

Thank you, Doam, for this information. I now have this document and will have a read through.

Hello, Nearly Old.
The total cost of the treatment, as agreed with the company, is £3350. The receptionist explained she would be setting up the finance but would ensure that my £200 cash deposit was deducted from the finance.
I asked her on two separate occasions to confirm that this was being taken care of. Twice she said yes.
Since this point, I checked the online finance account to see that this deduction hasn't taken place. I realised this in August. I would take ownership of the fact that it was my fault for having too much trust the receptionist that I was dealing with to take care of this matter.
Now, since speaking to the branch manager and the customer care manager (and them providing email confirmation that I have been overcharged), I have been chasing this since August with nothing materialising. Between myself and the branch manager alone, we have exchanged 22 emails.
From reviews I have since read, I sincerely believe that the company make a habit of this type of practice.

DoaM

How did you pay this "cash" deposit? If by Debit Card then you may still be in time for a chargeback claim; if by Credit Card then you could raise a Section 75 claim.

bigbrad

Hello Doam,
The answer to this question is why my heckles have really been risen.
The receptionist called me ahead of an appointment asking me to bring the deposit in as cash, due to their card machine not functioning. I said, only on the condition of a receipt being given. She agreed.

I hand her the cash and she informs me that their printer is also broken, but offers to give me a hand written receipt. I explain that I am uncomfortable with this and request that she sends over a follow on receipt in the post, when the printer is working. She agrees.

The printed receipt arrives in the post. No letter head, no signature, very obscure information. Date of the cash being handed over written as "last Tuesday". I pursue this several times until she provides me eventually with a letter headed receipt with the proper date and a sturdy confirmation.

This contributes towards part of the reason as to why I suspect this company operates this type of operation on a semi-regular basis. There are many other bits of bad practice I have noted along the way.

It's now not about the £200 refund. This is now about their disgraceful and time wasting lack of procedure in dealing with refunds.

The customer care manager, the final person in the chain I have been passed to on this 3 month journey, emailed me today, with colleagues copied in, saying she would be referring this to the CEO of the company. This comes after she promised to explain my case to the board of directors over 12 days ago. I genuinely feel they could be mocking me from behind the safety of their emails.
I'm livid I'm afraid to say.