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.

Coule you reschedule for after you've finished breast feeding?

if the clinic refuses then I think you would have a very good case for taking them to a small claims court

Hmm, I think you’d need to read the terms of her contract before stating she has a good case or not, a court simply applies the contract Terms.

She is the one cancelling, as they are offering alternate dates and were unable to meet the original date due to factors out with their control. They simply need to declare force majeure.

So whatever the contract states on what happens when she cancels, is what’s applied by a court.

Op, what does it say about if you cancel?

@damnthatanxiety

I have - I have not heard back. I was just asking for others thoughts here.

@viques it's a UK based clinic - I do agree that the response will say a lot about their ethics.

To be clear - my pregnancy is the reason that there is unlikely to be a suitable time in the next year or so for me to have this done.

But the point is the same - I was ready and willing to go ahead - they cancelled and now the future dates they are suggesting, do not work for me.

@Bluntness100

I don't see it as me cancelling. They cancelled and I am unable to to do their revised date.

The contract says if you cancel with more than a month to go, you are due a refund minus a deposit. However, I have already paid in full as I paid when it looked like it could go ahead.

I am hiding this thread as the idiocy of signing a contract for a breast reduction if there was the slightest possibility of childbearing in the near future is breathtaking, and the disingenuousness of the drip feed is insulting.

I'd ask for my money back, given the fact that you have the best possible reason for not proceeding with the surgery as planned. You may have to sacrifice a proportion to take into account consultations etc. If they're not prepared to negotiate then I'd read the contract carefully and possibly consult a solicitor, then take it to the Small Claims Court.

I'm stunned that anyone would pay the entire bill up front weeks before the procedure. My partner runs a company that installs heat pumps and other expensive bits of new technology. To fit this kind of equipment legally they have to be members of a trade organisation and under the rules of that organisation they are only allowed to asked for 30% upfront when the contract is signed, another 30% when all the valuable equipment has been delivered to site and the final payment comes only after the job is finished and signed off. It's extraordinary that having a heat pump installed comes with such protection, but having surgery carried out on your body — a life and death scenario — has so little.

@Shedbuilder well, everyone surgeon on London requires the same.

@YinuCeatleAyru dramatic much?

I wasn't trying to get pregnant at all. I was planning on waiting until I was fully recovered.

This "disingenuousness of the drip feed is insulting"

Is breathtakingly arrogant. I didn't plan on sharing that part as it's very very early days but given people were so up in arms about what could possibly mean I wasn't able to have surgery at a later date, I did - not an intentional drip feed.

I do hope you are OK though, must have been quite a shock for you after all you'd invested in thread.

Hey Op. Ok I think you need to have a conversation with them, it's an unfortunate turn of events and if all had gone well you'd have had the op and then got pregnant, but neither you nor them were expecting a pandemic. Have a frank conversation with them and if they really won't refund you anything try the small claims court.
Best of luck and congratulations on your pregnancy - I expect you could do with having most of that money back now. I think it might be fair if they deduct some for whatever consultation you had though. But not much of it.

I am hiding this thread as the idiocy of signing a contract for a breast reduction if there was the slightest possibility of childbearing in the near future is breathtaking, and the disingenuousness of the drip feed is insulting.

Steady on, Captain Dramatic.

@YinuCeatleAyru

I am hiding this thread as the idiocy of signing a contract for a breast reduction if there was the slightest possibility of childbearing in the near future is breathtaking, and the disingenuousness of the drip feed is insulting.

Fuck me - how over dramatic are you! Get a grip! 🤣

I’d ring them and ask for certain. I’d explain it. I’d also ask on legal advice uk on reddit. Those lawyers know their stuff

7k for breast reduction?? what clinic is that ? is very expensive

well, everyone surgeon on London requires the same

I don't doubt this is true, but I'd suggest that any contract that requires you to pay upfront well before you receive the service should be a warning sign to read the small print very carefully and be certain of your rights should you have to cancel. You don't pay builders the whole quote upfront. Why should private medicine be any different. Worth a letter to your MP, I'd have thought.

This has reminded me that a friend got a pretty instant response on a seemingly intractable consumer problem by contacting the Guardian consumer champion. The Times has one too. This is the Guardian page:

www.theguardian.com/money/series/bachelor-and-brignall-consumer-champions

Trading Standards may be your friend, too.

Lol at captain dramatic

I think they should refund you. Your reasons are very legit and you did try and be flexible. But they cancelled.

I just wanted to add that this may work out for you longer term.
I had a breast reduction 5 years ago. My children were 9 and 7 (obviously don't expect you to wait that long!). You'll find that your breast will change a lot after children and you may get better results in the long run.

Good luck OP x