Orthodontic Finance Agreement

orbsinsnorbs22

Hi, have tried to search for a similar question in the forums but it's very specific!

I am signed up to a finance agreement for some orthodontic treatment and I want to quit this orthodontist.

I'm not super happy with my orthdontic treatment for a few reasons. I have had an ear operation which means on one side my hearing is purely conductive, so any drilling etc feels like it's right in my ear. I thought I carried out enough due diligence beforehand to explain my situation clearly and choose the type of treatment that would minimise any distressing drilling, filing etc... 

I've got a second opinion from another orthodontist who would pursue a much more refined approach which would include less of the type of things that are really distressing to me. 

So my question is, is it possible to break my finance agreement (because I don't want the rest of the goods and services I paid for) and carry out the rest of my orthdontic treatment with someone else? And what is the best way to go about it? 

I've looked at my finance agreement contract and it doesn't say anything about cancellation (aside from the 14-day cooling off period) although it does have a section about making a complaint about the goods/services, which I could eventually take to the Financial Ombudsman, but that seems a bit much. 

orbsinsnorbs22

Oh and to add... I've been trying unsuccessfully for 3 weeks to get them to send my x rays and clinical notes (which I know I have a right to see) so everything about my dealings with them makes me feel uncomfortable. 

Aylesbury_Duck

I'd have thought you need to exhaust the complaints process with the dentist first.  I can imagine the finance provider will only intervene at that point.  Have you asked the current dentist why they can't adapt the treatment to suit your circumstances?

If the agreement doesn't say anything about cancellation, you need to ask them about it.

born_again

orbsinsnorbs22 said:

Hi, have tried to search for a similar question in the forums but it's very specific!

I am signed up to a finance agreement for some orthodontic treatment and I want to quit this orthodontist.

I'm not super happy with my orthdontic treatment for a few reasons. I have had an ear operation which means on one side my hearing is purely conductive, so any drilling etc feels like it's right in my ear. I thought I carried out enough due diligence beforehand to explain my situation clearly and choose the type of treatment that would minimise any distressing drilling, filing etc... 

I've got a second opinion from another orthodontist who would pursue a much more refined approach which would include less of the type of things that are really distressing to me. 

So my question is, is it possible to break my finance agreement (because I don't want the rest of the goods and services I paid for) and carry out the rest of my orthdontic treatment with someone else? And what is the best way to go about it? 

I've looked at my finance agreement contract and it doesn't say anything about cancellation (aside from the 14-day cooling off period) although it does have a section about making a complaint about the goods/services, which I could eventually take to the Financial Ombudsman, but that seems a bit much. 

In reality. The only way would be to complain to the orthodontist about what they are doing is not meeting what your explained to them.
If you could not reach agreement then you could possibly go to the lender under S75 CCA on this.

In reality if you break the finance agreement then they can take you to court & apply for a CCJ against you. So do not cancel the DD or payment method.

DullGreyGuy

You end the finance agreement by repaying them all the monies owed inc early settlement fees. 

Guessing this isn't what you want to be doing so you are looking at things the wrong way. You need to look at the T&Cs of your treatment plan and what rights you have under that to terminate the treatment part way through and what refund you'd get.  You may be entitled to a partial repayment, that would go to the finance company and any outstanding balance restructured or end date brought forward. 

It doesn't sound like there is any grounds to claim a breach of contract its just as you say you didnt do enough homework before and after signing up found that there is a better option out there.