Sk:n Clinic Liquidation

BudgetPrincess14

I’m hoping someone can offer some advice. I was a patient of Sk:n who have recently gone into liquidation. I took out finance with them for a course of treatment and have only received 3/8 treatments before they have closed. The finance company are asking me to continue payments despite me having no way to complete the treatments. Is this correct? Thanks in advance for any advice. 

lincroft1710

The finance company will have paid Sk:n Care the cost of your treatment, so they are quite rightly asking you to continue paying them what you agreed in your contract with them

Ectophile

lincroft1710 said:

The finance company will have paid Sk:n Care the cost of your treatment, so they are quite rightly asking you to continue paying them what you agreed in your contract with them

Not if it's a regulated finance agreement.  If it is, then the finance company are jointly liable with sk:n.  So if the OP won't get their treatments, then it's the finance company's problem.

But the OP needs to find out if it is actually a regulated agreement, or one of the new credit facilities that carefully skirt around the regulations.

DullGreyGuy

BudgetPrincess14 said:

I’m hoping someone can offer some advice. I was a patient of Sk:n who have recently gone into liquidation. I took out finance with them for a course of treatment and have only received 3/8 treatments before they have closed. The finance company are asking me to continue payments despite me having no way to complete the treatments. Is this correct? Thanks in advance for any advice. 

Yes but... 

If it is a regulated finance agreement then you may have a chance of a S75 claim against them but that will depend on the cost of the treatment and if its considered 1 item or 8 items for the purpose of determining if each item was over £100.

It will be arguable if you owe 3/8ths of the monies for having had 3 treatments or not. Depending on your repayment schedule/amounts/timescales you may find you do still owe something even if you get a rebate for the elements not received. 

PHK

Ectophile said:

lincroft1710 said:

The finance company will have paid Sk:n Care the cost of your treatment, so they are quite rightly asking you to continue paying them what you agreed in your contract with them

Not if it's a regulated finance agreement.  If it is, then the finance company are jointly liable with sk:n.  So if the OP won't get their treatments, then it's the finance company's problem.

But the OP needs to find out if it is actually a regulated agreement, or one of the new credit facilities that carefully skirt around the regulations.

This is a big simplification, the exact circumstances of the treatment matter here and the conditions for a claim are not just if the finance was regulated. 

As a basic example, if this was eight separate treatments at £95 each the outcome would be different than if it was an eight part course costing £5,000. 

ColourfulLlama

Ectophile said:

lincroft1710 said:

The finance company will have paid Sk:n Care the cost of your treatment, so they are quite rightly asking you to continue paying them what you agreed in your contract with them

Not if it's a regulated finance agreement.  If it is, then the finance company are jointly liable with sk:n.  So if the OP won't get their treatments, then it's the finance company's problem.

But the OP needs to find out if it is actually a regulated agreement, or one of the new credit facilities that carefully skirt around the regulations.

I have an unsecured loan with them and Omni Capital have told me that I can try taking the complaint to the omsbudman, but would I have any chance?

born_again

ColourfulLlama said:

Ectophile said:

lincroft1710 said:

The finance company will have paid Sk:n Care the cost of your treatment, so they are quite rightly asking you to continue paying them what you agreed in your contract with them

Not if it's a regulated finance agreement.  If it is, then the finance company are jointly liable with sk:n.  So if the OP won't get their treatments, then it's the finance company's problem.

But the OP needs to find out if it is actually a regulated agreement, or one of the new credit facilities that carefully skirt around the regulations.

I have an unsecured loan with them and Omni Capital have told me that I can try taking the complaint to the omsbudman, but would I have any chance?

Nothing ventured nothing gained. It costs you nothing & the finance have to pay for FOS to look at it.

DullGreyGuy

ColourfulLlama said:

Ectophile said:

lincroft1710 said:

The finance company will have paid Sk:n Care the cost of your treatment, so they are quite rightly asking you to continue paying them what you agreed in your contract with them

Not if it's a regulated finance agreement.  If it is, then the finance company are jointly liable with sk:n.  So if the OP won't get their treatments, then it's the finance company's problem.

But the OP needs to find out if it is actually a regulated agreement, or one of the new credit facilities that carefully skirt around the regulations.

I have an unsecured loan with them and Omni Capital have told me that I can try taking the complaint to the omsbudman, but would I have any chance?

You have to make a complaint to them first, only after either they have given you their final response or 8 weeks have passed can you then escalate it to the ombudsman

ColourfulLlama

DullGreyGuy said:

ColourfulLlama said:

Ectophile said:

lincroft1710 said:

The finance company will have paid Sk:n Care the cost of your treatment, so they are quite rightly asking you to continue paying them what you agreed in your contract with them

Not if it's a regulated finance agreement.  If it is, then the finance company are jointly liable with sk:n.  So if the OP won't get their treatments, then it's the finance company's problem.

But the OP needs to find out if it is actually a regulated agreement, or one of the new credit facilities that carefully skirt around the regulations.

I have an unsecured loan with them and Omni Capital have told me that I can try taking the complaint to the omsbudman, but would I have any chance?

You have to make a complaint to them first, only after either they have given you their final response or 8 weeks have passed can you then escalate it to the ombudsman

They've given the final response and said I have to just pay since it's an unsecured loan.
I'll try the omsbudman and see what happens 

Ectophile

ColourfulLlama said:

DullGreyGuy said:

ColourfulLlama said:

Ectophile said:

lincroft1710 said:

The finance company will have paid Sk:n Care the cost of your treatment, so they are quite rightly asking you to continue paying them what you agreed in your contract with them

Not if it's a regulated finance agreement.  If it is, then the finance company are jointly liable with sk:n.  So if the OP won't get their treatments, then it's the finance company's problem.

But the OP needs to find out if it is actually a regulated agreement, or one of the new credit facilities that carefully skirt around the regulations.

I have an unsecured loan with them and Omni Capital have told me that I can try taking the complaint to the omsbudman, but would I have any chance?

You have to make a complaint to them first, only after either they have given you their final response or 8 weeks have passed can you then escalate it to the ombudsman

They've given the final response and said I have to just pay since it's an unsecured loan.
I'll try the omsbudman and see what happens 

Whether the loan is secured or not is irrelevant.

sillygoose93

Hi there,

I’m in the same boat as the OP.

In Feb 2024 I entered a 0% credit agreement with Omni Finance Ltd through Sk:n clinics for a block of 8 laser hair removal treatments. 

Though the 10% deposit amount of £52 was paid to Omni Finance Ltd in Feb, I did not start the block of treatments as I was due to complete an existing block beforehand. Despite this, Skn incorrectly informed Omni that my treatment had started. 

To date I have made one Finance payment (First Payment) to Omni Finance Ltd in July. However, no goods (treatments) were received from the agreement.

I contacted my bank once the liquidity status of Sk:n clinics was announced who agreed that as no goods were received, they would provide a charge back of the first payment to my account and cancel the direct debit mandate. 

Despite speaking with Omni Capital Finance about this they have refused to close my account and are now pursuing the full amount to be paid as per the original agreement.

I have registered as a creditor to the liquidation officer through the gov website and explained my situation. Surely Omni will be doing the same? How can they claim from the gov and seek the money from me too? 

It clearly states in the credit agreement that there is NO agreement unless “goods” have been received? So how can they uphold this.

Advice welcome!