To get a refund on cosmetic surgery that I didn't have

[londonlockdowner]

I was scheduled to have cosmetic surgery in April but it obviously got cancelled.

It was rescheduled and cancelled a few more times but I have now been told that I might be able to have the op in August.

This time frame doesn't work for me - I booked it for a time that did work and as that couldn't (understandably) go ahead, there isn't an alternative time this year that I can take time out to have it done.

Can I get a refund? The contract only states what happens if I cancel, nothing about if they cancel / reschedule.

But I paid for something that they couldn't deliver and the alternative option offered isn't feasible for me.

Would the same time next year work for you?
If you have changed your mind about the surgery and don't want it to happen at all any more, then the normal terms for what happens if you cancel should apply. That would also apply if the reason is that your financial circumstances have changed and you would rather have the money back. If you are willing for it to go ahead then they should honor the terms (and the price you paid) whenever a convenient time can be identified even if that is a year later.

@YinuCeatleAyru

A year later is not convenient me - at all.

My financials haven't changed but they have cancelled it 3 times and I am unable to flexible anymore.

Also @YinuCeatleAyru

I am not cancelling - they have cancelled it and I want a refund for my cancelled surgery.

they have cancelled for reasons outside their control though.

So I am not sure thats helpful. They are willing to go ahead.

You may need specialist advice.

@Trevsadick

I do understand that and I was flexible with booking in new dates.

However it seems unfair that I should either loose out on £7,000 or be forced to undergo surgery at a time that will not fit into my life.

I waited ages to book and specifically chose the one time that would work for me.

Why won't it fit into your life anymore? Never even next year?

@overweightcat

No, I did discuss this with my surgeon at the time and flagged the reasons.

I could perhaps revisit it in a few more years but it seems like a lot of money for them to have for a number of years.

Have you asked them for a refund? Never any harm in asking.

Can you re-frame your thoughts here? Think through why you wanted the surgery in the first place. Do you really mean it when you say there will never be a time when it would be convenient to have the surgery ?
I tend to think there's never a perfect time for surgery, just that it needs doing, best get it done as soon as, and things will need to flex around it.

How will your life be affected if you don't have the surgery ?

And how does that stack up against any inconvenience of a not perfect date for surgery, or even not being able to get your money back.
Either the surgery is important enough for you to hand over £7000 before anything was done (never a good move) and therefore you'll move things around and have surgery at a sub-optimal time, or the surgery isn't important, ask for a refund and never have the surgery done.

It's not credible that there could never again be a time that would work for you, and that in the whole span of years this thing could only happen in April 2020 or not at all. You asserting otherwise appears identical to the behaviour which would be observed if someone was using the unusual circumstances of this lockdown as a front to wriggle out of a contract they were regretting signing. If all parties were acting in good faith, you would be letting them know the possible dates that could be made to work, however far in advance those might be, and if they cannot offer you a slot within that date range then yes they should offer you a refund. You are obliged to give them the opportunity to fulfill their end of the contract between you, and only if they decide they cannot fulfill it is it appropriate for the fee to be returned. I can totally understand that there might be restrictions, e.g if someone had children who attend boarding school they might only be able to do something like this if it was scheduled for the start of a school term so that all the convalescence could be over by the next school holiday, so if it is factors like that then they should bend over backwards to find a way of doing it in a way that will work. If they are ready willing and able to provide the service then they shouldn't be suffering financially because of you preferring that you would rather have the money back. The money you have paid isn't just sitting in someone's savings account somewhere. That is someone's livelihood.

Your surgeon may be happy to go along with your reasons for your choice of timing as the surgery is elective, especially if they are non-medical. Makes no odds to them.

Still think you should just ask them

@YinuCeatleAyru

It is a breast reduction and I am now pregnant. So, if I had been able to have it in April that would not have been an issue but I didn't and now I cannot have surgery for at least the next 9 months and then I will have a baby that will need my boobs for something else.

I doubt there’s NO other time you can have it done

@DPotter

You have to pay 3 weeks in advance of the surgery so I had no choice but to pay in full ahead time.

I did call them in early March and ask what would happen if we went on lockdown and they assured me it could still go ahead.

Have you told them why? Seems to me you have a good case, but I'm not sure what it would be legally.

Contracts been frustrated - they should refund

@YinuCeatleAyru

Not to mention a baby I will need to look after, so yes as it turns out April 2021 was the last convenient time for me to have this surgery for the foreseeable.

@YinuCeatleAyru 2020**

I agree you should get a refund. Especially when they have cancelled three times. Say none of the new dates are convenient because of work commitments.

Didn't see the part where you said you were pregnant. Sorry. That changes everything.

Why would you lie and say it’s work commitments when the real reason is better?

Op they cancelled for reasons out with their control. As such they do not need to offer a refund, they can offer alternates. The fact your pregnant means you’re unable to go ahead and well all you can do is ask them and explain you’re pregnant so can no longer proceed.

@Bluntness100

I have never said it's work commitments.

I told my surgeon at the time I wanted to get pregnant later this year and would I be fully recovered.

As it happens, it was it happened unintentionally sooner.

But had my op gone ahead in April, I wouldn't have been pregnant so therefore could have gone ahead as planned.

Bit of a major drip feed there London!
I agree with others, if the reason on your part for not proceeding with surgery within a reasonable time-frame is pregnancy - them just tell them and ask for a refund, maybe less an admin fee or something.

Perhaps you could ask them rather than us?

I think you have a very valid reason for cancelling, and any reputable clinic would agree. I think it would be fair to pay for any consultations you have already had ( maybe negotiating a reduction for top up consultations at a later date if in the future you go ahead with surgery) but certainly the bulk of the payment should be refunded , if the clinic refuses then I think you would have a very good case for taking them to a small claims court, which is quite cheap and an easy process.

Another thought, if they do refuse then they are not as reputable as perhaps they ought to be and you have luckily found out before they got you into the operating theatre. I hope you are dealing with a UK clinic btw and not one of those cheap overseas ones who rely on the NHS a to clean up their botches.

I have never said it's work commitments

Eh, I was responding to the poster who suggested it, before she corrected herself following your update