Refund refused, threatened with legal action

ekocteid

Evening,
A friend of mine visited a chiropractor. He was offered treatment over the year and he paid. They made him sign paper work, but were quick to take it off him once signed, and did not provide him a copy of any paper work.  They also requested him to seek approval from his doctor in order for the service to be carried out (post payment done). When he advised them that the doctor does not approve, the. company refused to refund him and just kept on asking him to wait and wait with no response.

My friend went back a few times as he was upset he did get upset a little and asked for a refund in anger a few times. A few of the people in the shop floor saw this and left.

The company have now contacted him and threaten to take legal action of libel and defamation and that they have suffered damages of over £10,000 due to their potential customers leaving the shop and offered him a partial refund to close the matter they've only given him half a day to respond by tomorrow morning. They're attempting to keep £500 of his money. I know it's a scare tactic but what does he do?

Now this company isnt registered officially. He would like a full refund because he obliged by their requests and they cannot do the work due to their request not being fulfilled of getting doctors permission. 

Thank you

elsien

How many of the planned treatments did he have, if he paid in advance? 

Has he requested a copy of the signed contract? 

ekocteid

elsien said:

How many of the planned treatments did he have, if he paid in advance? 

Has he requested a copy of the signed contract? 

None. He cancelled on the 2nd day, as the business asked him to get approval from his GP which he was not able to do so. I've also found out that the business has a no refund policy on services paid for or deposited for. Which I've now found isn't right under the consumer rights act

powerful_Rogue

ekocteid said:

elsien said:

How many of the planned treatments did he have, if he paid in advance? 

Has he requested a copy of the signed contract? 

None. He cancelled on the 2nd day, as the business asked him to get approval from his GP which he was not able to do so. I've also found out that the business has a no refund policy on services paid for or deposited for. Which I've now found isn't right under the consumer rights act

Which part?

Your friend purchased on premises (mentioned on the HUKD thread), so there is no automatic right to cancel for a refund due to change of mind.

Aylesbury_Duck

ekocteid said:

elsien said:

How many of the planned treatments did he have, if he paid in advance? 

Has he requested a copy of the signed contract? 

None. He cancelled on the 2nd day, as the business asked him to get approval from his GP which he was not able to do so. I've also found out that the business has a no refund policy on services paid for or deposited for. Which I've now found isn't right under the consumer rights act

Where have you found that?  Because it's wrong.

TELLIT01

This would seem to be yet another case of somebody not reading the T&C or contract, falling foul of that contract, and now blaming everybody else for their situation.  It is absolutely vital to read any contract before signing up.  Do we all do it all the time?  Absolutely not, but that doesn't make the complaint any more valid.  There may be parts of a contract which won't stand up to scrutiny, but that's a different matter.

user1977

Probably an unfair term to say that they can (effectively) only proceed with a GP referral without making that clear upfront. Certainly sounds unusual (advising patients to consult with their GP first is fair enough). But this has the air of finding excuses to pocket the fees and not provide the services.

I would ignore all the bluster about libel, though if it really did cost them £10,000 of business, maybe your friend could threaten to do the same again until they get their refund...

elsien

I agree. If there’s a chance that the GP may advise against, then the company  should clarify that without taking a load of money up front until those queries are resolved. 

powerful_Rogue

What was the paperwork that he signed, was there any mention of GP advice on that?

DE_612183

powerful_Rogue said:

What was the paperwork that he signed, was there any mention of GP advice on that?

nobody knows - they don't have a copy.

powerful_Rogue

DE_612183 said:

powerful_Rogue said:

What was the paperwork that he signed, was there any mention of GP advice on that?

nobody knows - they don't have a copy.

But surely he must have read it before signing it?