Consumer rights

Bean333

First time on a forum for me - so please be easy! I had some cosmetic treatment a few weeks back.  It is a course of two treatments, four weeks apart.  Once finished, the treatment should last approx. 6-8 months. I had to pay upfront for both treatments (on credit card).  The first treatment did not show any improvement which I questioned with the salon.  I was told that a true assessment could not be made until the second treatment was given.  I explained that I had lost confidence in the treatment and requested cancelling my second treatment with a request for return of my money for same (£250).  I was prepared to cut my losses rather than lose the full amount paid, i.e. £500.  I was told that this was not possible as they ' do not give refunds'.  I tried to point that it could hardly be classed as a refund as it was a cancellation for treatment already paid for but not given. No flexibility was offered their end, so I agreed to accept the second appointment.  However, that appointment has now been postponed by the clinic due to temporary closure of the clinic (Covac 19). Realistically, it will be several months before any second treatment can be offered therefore disrupting the timeline and any effectiveness of the treatment.  In effect, my second treatment will act as another first - which I already know to be not effective for me.  I have written to the clinic, explaining this and again requesting cancellation of the second appointment and return of my money paid up front for it.  I have had no reply.   Do I have legal recourse to insist on my money back for a service that can no longer be offered within the required timeline? And if so, would I be entitled to a full refund? Thank you for your advice

Bean333

Typo correction to above: Covid 19! - not Covac, obviously

KatrinaWaves

Did you buy a £500 two part treatment, or two £250 treatments? 

davidmcn

Bean333 said:

First time on a forum for me - so please be easy!

Just a general pointer - it's best to make the subject line specific to what your query is about. Simply saying "consumer rights" isn't helpful when that's the general topic of the whole board.

Bean333

I paid £500 for two treatments - they were not listed as single treatments of £250.  I have checked, and the second treatment is identical to the first.

Aylesbury_Duck

If you paid for "a course" of treatments, the provider doesn't have to separate them.

I'd wait until they open and work with them to find a mutually agreeable solution.  From what you've described, the efficacy of the second treatment is in doubt because of the time elapsed since the first, but the delay isn't anyone's fault.  Work with them and they may agree to re-do the first treatment followed by the second a suitable time afterwards.  If they flat-out refuse then you do have a case, either through credit card or small claims action, for what you think they owe you which would seem to be half of what you paid for.  There's no point rushing into credit card or legal processes now, because your card provider will probably insist you wait until they re-open and try and resolve it, and small claims actions are on a huge backlog at the moment.

KatrinaWaves

Aylesbury_Duck said:

If you paid for "a course" of treatments, the provider doesn't have to separate them.

I'd wait until they open and work with them to find a mutually agreeable solution.  From what you've described, the efficacy of the second treatment is in doubt because of the time elapsed since the first, but the delay isn't anyone's fault.  Work with them and they may agree to re-do the first treatment followed by the second a suitable time afterwards.  If they flat-out refuse then you do have a case, either through credit card or small claims action, for what you think they owe you which would seem to be half of what you paid for.  There's no point rushing into credit card or legal processes now, because your card provider will probably insist you wait until they re-open and try and resolve it, and small claims actions are on a huge backlog at the moment.

It depends on the dates really. The second treatment may have been delayed because the OP attempted to cancel and get a refund, and THEN it was postponed due to Covid 19.

Bean333

It is not possible to find a mutually agreeable solution.  I have tried twice, offering to cut my losses (i.e. £250) in order to cancel my second treatment.  They are utterly inflexible.  The second treatment was not delayed by any actions on my part but because of Covid lock down. My main argument is that I believe I should be able to cancel a service that I have been charged for in advance which can no longer be offered within the time frame needed for the efficacy of the product.

Aylesbury_Duck

Well then it's small claims or credit card action.

KatrinaWaves

Bean333 said:

It is not possible to find a mutually agreeable solution.  I have tried twice, offering to cut my losses (i.e. £250) in order to cancel my second treatment.  They are utterly inflexible.  The second treatment was not delayed by any actions on my part but because of Covid lock down. My main argument is that I believe I should be able to cancel a service that I have been charged for in advance which can no longer be offered within the time frame needed for the efficacy of the product.

What date was your first treatment?

Bean333

First appointment was 24th February and second treatment was due March 23rd.  I phoned the clinic on 21st March  to check if appointment still going ahead on 23/3/20 which is when I found out it was being postponed.