Booked appointment- price rise

born_again

user1977 said:

km1500 said:

user1977 said:

roaduser3189 said:

For example if I bought an item on Amazon and whilst it was being delivered the price of it increased, I would not be asked to pay the new price.

If by "whilst it was being delivered" you mean "before they despatch it", then yes they certainly can decide to change the price, or not to sell it at all. But they can't just keep your money if they're not willing/able to sell at the original price.

the only reason why this is true is because they have a term and condition in the contract specifically saying that a contract is not formed until dispatch

Yes, in common with the vast majority of other online retailers.

Similarly, the dental hygienist isn't going to be providing any services until the date of the appointment. I wouldn't normally expect that making a dental appointment months in the future fixes the price which is going to be payable on the day - they've somewhat muddied the waters by asking for payment in advance. You could certainly argue that helping them with their cashflow in that way ought to fix the price, but if they disagree then at the very least the OP should get their money back.

Maybe it is their way of cutting down on no shows & their loss of income 🤷‍♀️

OP could argue the point, that they were not told, or anything showing that when pre-paying that you will be asked to pay the increase to the price at the time.
So asking to speak to the practise manager would be a good start, so that they cover this off going forward.

the_lunatic_is_in_my_head

roaduser3189 said:

I dont know about the cancellation policy. I can afford the outstanding amount that is left. What I wanted to understand that if you prepay for a service ,  can the price be then increased and if not then what are your rights as a consumer. 

Hello OP

As part of any contract the trader needs to provide you with the price (or if none is given how it would be calculated) which is a term of the contract, a trader's right to vary terms is generally classed as unfair unless they are to be taken narrowly (as written rather than open to broad interpretation), not to the consumer's detriment and specific, which is very difficult for the trader to meet so generally the price should stand. 

If there is a cancellation clause it would a go long way to show a contract was formed (as if a contract hadn't been formed either side could simply withdraw their offer so a cancellation clause wouldn't be required). 

If there is a cancellation clause and you are entitled to cancel without payment then typically the trader could also cancel meaning the price aspect could simply be overridden by them cancelling and asking you to book again. 

If there is a payment imposed on you for cancelling and there is similar compensation awarded to you if the trader cancels then again the price aspect could be overridden by them cancelling (which would only benefit them if the compensation was less than the price increase). 

Unfortunately it's not really a yes or no question but depends on whether a contract has been formed and what it's terms are  

km1500

I would say that if a dentist says 'I will get your teeth cleaned on 10 October for £65' and I.not only agree but pay up.front then a binding contract is formed - subject to and T&C they may have.

Nearlyold

Did the Practice actually ask for payment in advance or did the OP volunteer to pay (they may have been settling another bill at the time and decided they might as well pay there and then) in which case are  the practice rightly or wrongly treating it as a payment on account?

roaduser3189

Thank you for all your responses. All very interesting. As far as contracts go, similar to many other places , I did not sign a contract when making the appointment , nor was one mentioned/offered. In terms of advanced payments, it was asked for when making the appointment so it wasnt something I volunteered to do. 

user1977

km1500 said:

I would say that if a dentist says 'I will get your teeth cleaned on 10 October for £65' and I.not only agree but pay up.front then a binding contract is formed - subject to and T&C they may have.

But if they now say "no we can't do it for £65", I don't see that the OP has suffered any loss beyond being entitled to a refund of their advance payment.

born_again

roaduser3189 said:

Thank you for all your responses. All very interesting. As far as contracts go, similar to many other places , I did not sign a contract when making the appointment , nor was one mentioned/offered. In terms of advanced payments, it was asked for when making the appointment so it wasnt something I volunteered to do. 

A contract does not have to be written, it is inferred by the payment being taken. Although they should state that it is only to secure appointment & maybe subject to change.
Which would be worth pointing out to them.

km1500

user1977 said:

km1500 said:

I would say that if a dentist says 'I will get your teeth cleaned on 10 October for £65' and I.not only agree but pay up.front then a binding contract is formed - subject to and T&C they may have.

But if they now say "no we can't do it for £65", I don't see that the OP has suffered any loss beyond being entitled to a refund of their advance payment.

Agreed, unless they can argue they could have got it elsewhere at the time for £65 which would have been honoured for the same date but now they can't.

the_lunatic_is_in_my_head

user1977 said:

km1500 said:

I would say that if a dentist says 'I will get your teeth cleaned on 10 October for £65' and I.not only agree but pay up.front then a binding contract is formed - subject to and T&C they may have.

But if they now say "no we can't do it for £65", I don't see that the OP has suffered any loss beyond being entitled to a refund of their advance payment.

My understanding of it is, generally speaking the party suffering the breach of contract should be put in the position they would have been in had that breach not occurred (rather than in the position they were in to begin with), this is why when you cancel a hotel booking outside the terms the trader can seek loss of profit as it would put them in the position they would have been in, but equally they can't if they can find another customer and instead can seek costs because this would also put them in the same position they would have been in. 

So outside of appropriately written cancellation terms I believe OP could claim any extra costs incurred in either fulfilling the booking at a higher price or having to go somewhere else. Although I'm assuming the amounts are small and with the way things are these days re heath care you probably wouldn't want to lose a hygienist you are happy with over a few quid. 

Alderbank

This sounds like it is to do with The Department of Health's announcement that from 24 April 2023, dental patient charges in England would increase by 8.5%.
This meant that a band 2 course of treatment has increased by £5.50 from £65.20 to £70.70.
If so this is not a contractual matter but a statutory change approved by Parliament and not really open to negotiation.