Refund refused, threatened with legal action

DE_612183

ekocteid said:

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

I would ask the company or supplier of services whichever it for a copy of all signed paperwork so you can prepare your legal defence and counter claim. See what happens.

But if you want a quiet life - accept the £500 and put it down to experience ( don't make the same mistake again and tell everyone you know not to trust this company / supplier of services ).

elsien

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.

Who doesn’t have a copy? Surely the company does in which case if they won’t hand it over he can do a subject access request? 

tightauldgit

TBH I would say getting half your money back is a result - certainly better than giving the full amount to a snake oil salesman and getting no benefit which is what would have happened had you gone ahead.

If you want to take it further than that then yes you are going to have to see the terms of what was signed. Forget all the bluster about libel and defamation and the pressure tactic of only giving half a day to respond but do consider whether you feel its worth going to court to get the whole amount refunded (and the risk that you might lose).

In future, save your money and only deal with REAL doctors offering REAL treatments via the NHS. An expensive lesson learned possibly to avoid quacks and quackery.   

pinkshoes

ekocteid said:
the business asked him to get approval from his GP which he was not able to do so. 

If the business insist on a GP agreeing to the treatment as part of the contract and the GP says no, then this would be an unfair term. 

(or are you saying he is UNABLE to see a GP to get an agreement?)

Your friend needs to WRITE to the company giving them 7 days to issue him with a copy of the signed agreement. 

Are the business saying that they will not go ahead with the treatment without GP approval?

Manxman_in_exile

tightauldgit said:

... In future, save your money and only deal with REAL doctors offering REAL treatments via the NHS. An expensive lesson learned possibly to avoid quacks and quackery.   

Yeah.  I didn't want to say anything, but I will...

As somebody (1) who worked in the NHS for 25 years and who for some of that time was involved in commissioning training for allied health professionals, and (2) who has suffered from episodes of severe back pain for nearly 40 years, I personally would never dream of consulting either a chiropractor or an osteopath.

Far better for someone to get their GP to refer them to a NHS physiotherapist (NB - GPs themselves know very little about treating backs) or people in some parts of the country can self-refer to a NHS physio.  And if the waiting list is too long, they can see a physiotherapist privately.  It'll be cheaper than a chiropractor or osteopath, and more clinically effective*.

Find a Chartered Physiotherapist | The Chartered Society of Physiotherapy (csp.org.uk)

What we do | (hcpc-uk.org)   


*And they certainly won't be threatened with getting sued for defamation!

Murphybear

BManxman_in_exile said:

tightauldgit said:

... In future, save your money and only deal with REAL doctors offering REAL treatments via the NHS. An expensive lesson learned possibly to avoid quacks and quackery.   

Yeah.  I didn't want to say anything, but I will...

As somebody (1) who worked in the NHS for 25 years and who for some of that time was involved in commissioning training for allied health professionals, and (2) who has suffered from episodes of severe back pain for nearly 40 years, I personally would never dream of consulting either a chiropractor or an osteopath.

Far better for someone to get their GP to refer them to a NHS physiotherapist (NB - GPs themselves know very little about treating backs) or people in some parts of the country can self-refer to a NHS physio.  And if the waiting list is too long, they can see a physiotherapist privately.  It'll be cheaper than a chiropractor or osteopath, and more clinically effective*.

Find a Chartered Physiotherapist | The Chartered Society of Physiotherapy (csp.org.uk)

What we do | (hcpc-uk.org)   


*And they certainly won't be threatened with getting sued for defamation!

That’s very interesting thank you.

I saw a chiropractor a few years ago as I knew the NHS doesn’t fund osteopathy or chiropracty.  My GP told me the reason is there is no evidence it works.

I have the same problem now and was going to find an osteopath but have decided to see a physiotherapist privately.  

The waiting list for NHS physios was very long before covid, I’m assuming it’s even longer now 

Manxman_in_exile

I wouldn't make any assumptions about NHS waiting lists.  

In some parts of the country I believe you can still make a direct referral yourself.  Ask at your GP surgery if your area is one of those.  Even if not, it's still worth trying to find out how long the NHS waiting list is before finding somebody privately.

I think one of the advantages of seeing a physio is that if they think they can't do anything to help you, or if they think the problem will sort itself out, they'll be upfront about it and tell you - even if you are seeing them privately.  I don't think they like to see you wasting your money...

nyermen

Just for an added point - its slander rather than libel i think?  I only mention because I assume it was all verbal, in which case its harder to prove (assuming they go down that line). He said/she said, etc.