Therapist payment

the_lunatic_is_in_my_head

Emmia said:

That's in the T&C's the OP has accepted. 

The terms and conditions could claim your soul, what matters is whether they are fair, the CRA has several aspects of the Grey List which could be relevant here but these 2 mainly:

A term which has the object or effect of requiring a consumer who fails to fulfil his obligations under the contract to pay a disproportionately high sum in compensation.

A term which has the object or effect of authorising the trader to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the trader to retain the sums paid for services not yet supplied by the trader where it is the trader who dissolves the contract.

This sort of thing usually comes up with hotel rooms or such where the consumer is cancelling, in this instance a regular, on going customer was slightly late with payment and I would suggest any term forfeiting the appointment but requiring full payment in a situation where the payment was indeed made before the service is unfair. 

Thus any such term would be void and the ordinary position apply, costs or loss of profit. Loss of profit is out the widow as OP would have attended. Costs would be admin for filling the spot which is likely next to nothing, if they had charged £20 or £30 they'd probably get away with it. 

Jumblebumble

visidigi said:

How do you know thy have 'obviously' resold the appointment? Nothing said so far indicates any proof the appointment is gone to someone else.

the_lunatic_is_in_my_head said:

OP I don’t think they can keep the money, either:

1) They sold the appointment to someone else
2) The person sat in an empty office for the duration of the appointment whilst you were willing to attend.

Option 1 is a windfall.
Option 2 is failing to mitigate losses

Problem here is if you cause a fuss does it affect your daughter’s future?

I think their behaviour is extremely poor when you consider you’ve been a customer for 2 years and have future custom booked.

Best thing you can take away from this is you have 6 years to file a court claim so if you stop using their services before 6 years are up and are still annoyed about it, send a letter before and file via a claim for the fee to be returned.

3) The therapist decided to go off and do their weekly shopping

I knew an architect who engaged an electrician for a day's work at a clients home
The client pulled out the day before 
The electrician demanded payment for the whole day
The architect agreed to pay  but told the electrician to come and sit on a chair outside the clients house for the whole day
They then came to some accommodation

pinkshoes

savvyshopper1608 said:

Her accounts person sent an email to me with the details but I didn't fully appreciate the policy to be honest - it's such a busy time I saw the reminder last week about the appointment but then promptly forgot, particularly as we went away and were busy. I'm surprised about the approach as it just seems unduly harsh, particularly to keep the £156 fee at this time of year which is already such an expensive time. 

So the policy is to pay a day before,  you paid a day before (paid Tuesday for appointment Wednesday) but they said you couldn't attend as you paid too late?

I assume the T&Cs state perhaps a specific hour you need to pay by?

That sounds really pedantic T&Cs and very unprofessional behaviour. 

Depending on whether you like this therapist and want to keep using them will depend on your response.

Personally this would put me off using them. I'd be sending them an email saying you paid the day before as requested so as they made the appointment unavailable they need to either refund the money or make a new appointment for you free of charge.

If it went to court it would depend on their T&Cs and whether a judge found them unfair.

It would help if you could let us know exactly what the T&Cs say.

What credentials does this therapist have? Have you seen copies of their qualifications?

eskbanker

pinkshoes said:

savvyshopper1608 said:

Her accounts person sent an email to me with the details but I didn't fully appreciate the policy to be honest - it's such a busy time I saw the reminder last week about the appointment but then promptly forgot, particularly as we went away and were busy. I'm surprised about the approach as it just seems unduly harsh, particularly to keep the £156 fee at this time of year which is already such an expensive time. 

So the policy is to pay a day before,  you paid a day before (paid Tuesday for appointment Wednesday) but they said you couldn't attend as you paid too late?

I assume the T&Cs state perhaps a specific hour you need to pay by?

That sounds really pedantic T&Cs and very unprofessional behaviour. 

See https://forums.moneysavingexpert.com/discussion/comment/81795280/#Comment_81795280

Grumpy_chap

pinkshoes said:

Depending on whether you like this therapist and want to keep using them will depend on your response.

The OP has said:

savvyshopper1608 said:

My 8 year old daughter has various developmental issues and we have been working with a neurodevelopmental therapist for almost 2 years.

the fee is £156 per session and over the course of the time together we have spent over £2500 with her. 

The whole episode is so frustrating that it really puts me off working with the therapist going forward, however my daughter has made real progress with her and we are midway through a programme, so I am really torn and want to do what's best for her. 

The fact there is a relationship between the Therapist and the OP's Daughter and the track record of success has to be a big influence in the OP's next steps.

savvyshopper1608

Thanks for all the comments. 

So this is the wording from the email:

"Please note, at the outset of your programme we ask for your commitment to our terms of engagement - fee payment ONE FULL WORKING DAY (excluding weekends) in advance of appointments, in line with the ONE FULL WORKING DAY (excluding weekend) cancellation policy.

Please be aware that if payment is not received within this time frame, nor have we received notice to cancel, your booking will be subject to cancellation and the full fee remains outstanding. In such an event, you would need to contact us again following full payment to rebook an appointment, which may mean you’ll be added to the wait list."
 
and latterly they said: 

"As you are aware, our terms of engagement are payment or notice of cancellation within one full working day (excluding weekends) in advance of a confirmed appointment - payments for a Wednesday appointment are due before Tuesday. "

So whilst I didn't cancel the appointment, I missed the payment deadline (Monday EOD). I took responsibility for it and messaged / emailed multiple times to apologise and say that I was hoping we could keep the appointment. They just told me I had to be added to the waitlist, so I can only assume they gave the appointment to someone else. It's a virtual appointment, so usually I get sent a Google meet link on the day, which she didn't send. 

I don't yet have another appointment scheduled (they did offer me yesterday but at a time I can't do) but I will most likely raise it with the therapist when I do speak to her, although - as some of you point out - she has been working well with my daughter and until now it had all been fine.

But it has really put me off working with her and I am on the look out for someone else, however most people practicing have months-long waiting lists to see new patients, and obviously I don't know if they would be any good. Equally, I can't imagine having a constructive conversation / working with her going forward when I feel really frustrated and appalled at this approach.  

user1977

savvyshopper1608 said:

They just told me I had to be added to the waitlist, so I can only assume they gave the appointment to someone else.

Presumably somebody who also hasn't paid in advance?

savvyshopper1608

Someone from the waitlist, I presume, so either a new patient or someone who (like me) neglected to pay by the specific deadline... 

the_lunatic_is_in_my_head

savvyshopper1608 said:

"Please note, at the outset of your programme we ask for your commitment to our terms of engagement - fee payment ONE FULL WORKING DAY (excluding weekends) in advance of appointments, in line with the ONE FULL WORKING DAY (excluding weekend) cancellation policy.

One full working day could be read in different ways, as it isn't clarified it could be 24 hours before the appointment. 

https://www.legislation.gov.uk/ukpga/2015/15/section/69

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

But it doesn't matter OP, they can't cancel and keep the money. 

savvyshopper1608 said:

But it has really put me off working with her and I am on the look out for someone else

This is really understandable OP but the main question (for me) would be, are the sessions having a positive impact on your daughter? If yes I'd leave it personally. 

Isthisforreal99

savvyshopper1608 said:

Equally, I can't imagine having a constructive conversation / working with her going forward when I feel really frustrated and appalled at this approach.  

Personally I'd put my frustration to one side, take it on the chin. Moral victories often come with repurcussions and has been said thia goes beyond a Consumer Rights issue, and what is best for your daughter which, in my opinion, is swallowing your pride, and carry on as if nothing had happened. As the saying goes you can't put a price on happiness and if your daughter is making progress why rock the boat.