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Manipulated whilst vulnerable into paying, under false pretenses by verbal agreement
I would like some advice on if a verbal agreement has any bearing?
The reason for this case is a matter of principle of being manipulated whilst vulnerable into paying, under false pretenses via a verbal agreement
Recovery Clinic Booking
Initial period booked in from Thursday 3rd November for 28 nights last date to Thursday 1st December.
Second period booked in from Thursday 1st December to 29th of December.
I didn’t want the stress of leaving on the 1st of December to affect my recovery focus so approached the Lead administrator about 2 weeks into my stay to ask for the prices of an extension for 2 weeks.
A price of 2 weeks was provided at £6000, my parents confirmed they were happy to pay this, but came back suggesting that if you are staying for 2 weeks why not ask for 4 weeks.
I then spoke to one of the therapists about extending for 6-8 weeks and they said sometimes too much time in rehab has a negative effect on an individual. I took this in mind and called the Lead Administrator and asked for a price for the second period to be for 4 weeks on the basis that after a 2 week min I would be allowed to leave and I would get a refund in full for the days not used.
The lead administrator agreed to provided 4 weeks at a price of £10,000 with a minimum stay of 2 weeks and the rest to be refunded.
At the 6 week mark I felt I was ready to leave, I sat with this for a week and felt ready and happy to leave as I was told before payment for the 2nd month that there would be a refund.
I called the lead administrator during around 12 pm on the 20th of December to get confirmation of the refund in full for the days not used, and was proposed to stay over the new year. I kindly requested that I was able to get the stay extended at no additional cost then I would be happy to stay, or if not then please confirm the initial agreement by the evening so I would prepare to leave on Wednesday 21st December. I waited in suspense on the 20th of December but didn’t receive any phone call.
I called the lead administrator on the morning of Wednesday the 21st of December and confirmed that I would be getting my refund in full for the remaining 8 nights. The lead administrator said it wouldn’t happen immediately as it would have to be authorized by people above her but would happen over the period of 2 weeks. I did mention on the phone that I will send an email to get this written in confirmation.
I was relieved that I had spoken to the lead administrator and the verbal agreement we had previously made had been confirmed by phone and I was ready to go back home.
21/12/2022 - 09:18 – Confirmation message to my parents that it had been confirmed I would be getting a refund for the days not spent here.
21/12/2022 - 10:05 – Email to lead administrator “ As discussed on the phone, I have arranged to be picked up today evening. Please can you confirm that the refund will be made in full for the days remaining as per our initial agreement regarding the extension “
21/12/2022 - 16:04 – Email again to lead administrator “As discussed on the phone, I have arranged to be picked up today evening. Please can you confirm that the refund will be made in full for the days remaining as per our initial agreement regarding the extension “
29/12/2022 – 14:41 - Email again to lead administrator “Just a gentle reminder, my dad has asked for an update on the refund and if it would be to his card, by cheque or banks transfer”.
16/01/2023 – 08:53 – Email again to lead administrator “My dad has confirmed he has received a part of the refund of £1000 back on his credit card, we were expecting a request for bank details so he could have it transferred to his account as he now has a positive balance on this card. Also I stayed for 3 weeks if the extra 4 booked so we were expecting a refund of 25 percent of £10000 which is £2500”
2 errors here my father had called his credit card company to check balance and they had said there was a payment for £1000 into the account, he assumed it was from the service provider, he check after and noticed that it was not in fact from the service provider. Also at this point it was though to be 7 nights left but actually it was 8 nights left - £2857.14
01/02/23 – Email again (email on 16/01/23 to admissions@ after calling the service provider and noting no response for 5 weeks, no calls, no emails noting, asked if I could speak to a senior, no senior no contacts or emails etc. I would have to call to make contact if the Lead Administrator didn’t have time, they said they had seen the notes) They said they would give the Lead Administrator the message.
09-10/02/23 – Called again noting no response asked if I could speak to a senior, no senior no contacts or emails etc.
10/02/23 – Noticed getting frustrated at something I was not in control of and didn’t want to affect my recover, told my parents I was getting no response. My father called the admissions line to be told she
was not in and to call back on Monday AM. He did respond with we will inform the CC company if this matter is not addressed and resolved.
16/02/23 – Am – Father calls admissions office told lead administrator not in and no available contact method by mobile or other, I had lead administrators number so text asked to be called message showed a delivered.
16/02/23 – PM - Lead Administrator calls my father- summary in her view
16/02/23 – 10:06 – Email @ “Please see the below which was emailed to you 2 times on Wednesday 21st one at 10am and one at 16:00 which are my notes I made, on the day I left confirming I would leave and would get a refund in full for the days remaining as discussed and confirmed by you on the phone earlier that day.
I would like to confirm that my original booking of 4 weeks was extended at the 2 week marker as I did not want to stress of having to leave if I did not feel ready to leave, so booked in 2 weeks, We then thought maybe 2 weeks extra on top of my 4 weeks would still leave the stress of leaving after 6 weeks so we booked in 1 month with the option of leaving at 2 weeks with a pro rata refund as discussed on the phone by booking.
I felt ready just before 7 weeks so called to discuss this and you encouraged me to book in more days and stay over the new year, based on the agreed refund and me and the therapist’s view I was in a good state of mind to leave.
In this case immediately after we spoke and agreed on the full refund based on prorate rate for 1 week left, I spoke to the therapists and let them know I was going and they all were aware I was getting a refund. This is a fact.
I would like to note that I asked to leave on Tuesday 20th, yet you did not call me back and I had to chase you on Wednesday 21st for a response but you didn’t reply by email, phone or text.
I have put myself on hold expecting you to respond in some way since the 21st of December, but we are not almost 2 months away and only a phone call today. This is simply unacceptable.
Please can this issue be resolved within 7 days as we shall be seeking legal advice and action.
Please can all correspondence by via email or recorded letter.”
Any advice in how to persue this would be great
1) I have tried reaching out to them - no success here
2) Paid by credit card so could possibly request a charge back, but this may cause extra stress due to them trying to come after me for the monies refunded, and I would most likely, be prevented from attending the weekly group recovery sessions ( zoom ) which are beneficial.
3) Would be easiest solution be to submit a small claims court order, pay the fee and represent my self, based on the information above? and anything else anyone can help me with?
Thank you all so much for you help, I am very grateful for this forum.
The reason for this case is a matter of principle of being manipulated whilst vulnerable into paying, under false pretenses via a verbal agreement
Recovery Clinic Booking
Initial period booked in from Thursday 3rd November for 28 nights last date to Thursday 1st December.
Second period booked in from Thursday 1st December to 29th of December.
I didn’t want the stress of leaving on the 1st of December to affect my recovery focus so approached the Lead administrator about 2 weeks into my stay to ask for the prices of an extension for 2 weeks.
A price of 2 weeks was provided at £6000, my parents confirmed they were happy to pay this, but came back suggesting that if you are staying for 2 weeks why not ask for 4 weeks.
I then spoke to one of the therapists about extending for 6-8 weeks and they said sometimes too much time in rehab has a negative effect on an individual. I took this in mind and called the Lead Administrator and asked for a price for the second period to be for 4 weeks on the basis that after a 2 week min I would be allowed to leave and I would get a refund in full for the days not used.
The lead administrator agreed to provided 4 weeks at a price of £10,000 with a minimum stay of 2 weeks and the rest to be refunded.
At the 6 week mark I felt I was ready to leave, I sat with this for a week and felt ready and happy to leave as I was told before payment for the 2nd month that there would be a refund.
I called the lead administrator during around 12 pm on the 20th of December to get confirmation of the refund in full for the days not used, and was proposed to stay over the new year. I kindly requested that I was able to get the stay extended at no additional cost then I would be happy to stay, or if not then please confirm the initial agreement by the evening so I would prepare to leave on Wednesday 21st December. I waited in suspense on the 20th of December but didn’t receive any phone call.
I called the lead administrator on the morning of Wednesday the 21st of December and confirmed that I would be getting my refund in full for the remaining 8 nights. The lead administrator said it wouldn’t happen immediately as it would have to be authorized by people above her but would happen over the period of 2 weeks. I did mention on the phone that I will send an email to get this written in confirmation.
I was relieved that I had spoken to the lead administrator and the verbal agreement we had previously made had been confirmed by phone and I was ready to go back home.
21/12/2022 - 09:18 – Confirmation message to my parents that it had been confirmed I would be getting a refund for the days not spent here.
21/12/2022 - 10:05 – Email to lead administrator “ As discussed on the phone, I have arranged to be picked up today evening. Please can you confirm that the refund will be made in full for the days remaining as per our initial agreement regarding the extension “
21/12/2022 - 16:04 – Email again to lead administrator “As discussed on the phone, I have arranged to be picked up today evening. Please can you confirm that the refund will be made in full for the days remaining as per our initial agreement regarding the extension “
29/12/2022 – 14:41 - Email again to lead administrator “Just a gentle reminder, my dad has asked for an update on the refund and if it would be to his card, by cheque or banks transfer”.
16/01/2023 – 08:53 – Email again to lead administrator “My dad has confirmed he has received a part of the refund of £1000 back on his credit card, we were expecting a request for bank details so he could have it transferred to his account as he now has a positive balance on this card. Also I stayed for 3 weeks if the extra 4 booked so we were expecting a refund of 25 percent of £10000 which is £2500”
2 errors here my father had called his credit card company to check balance and they had said there was a payment for £1000 into the account, he assumed it was from the service provider, he check after and noticed that it was not in fact from the service provider. Also at this point it was though to be 7 nights left but actually it was 8 nights left - £2857.14
01/02/23 – Email again (email on 16/01/23 to admissions@ after calling the service provider and noting no response for 5 weeks, no calls, no emails noting, asked if I could speak to a senior, no senior no contacts or emails etc. I would have to call to make contact if the Lead Administrator didn’t have time, they said they had seen the notes) They said they would give the Lead Administrator the message.
09-10/02/23 – Called again noting no response asked if I could speak to a senior, no senior no contacts or emails etc.
10/02/23 – Noticed getting frustrated at something I was not in control of and didn’t want to affect my recover, told my parents I was getting no response. My father called the admissions line to be told she
was not in and to call back on Monday AM. He did respond with we will inform the CC company if this matter is not addressed and resolved.
16/02/23 – Am – Father calls admissions office told lead administrator not in and no available contact method by mobile or other, I had lead administrators number so text asked to be called message showed a delivered.
16/02/23 – PM - Lead Administrator calls my father- summary in her view
- I agreed to leave, therefore no refund available.
- If there was a refund it would be at the £6000/2 weeks rate – this contradicts the comments in no1.
16/02/23 – 10:06 – Email @ “Please see the below which was emailed to you 2 times on Wednesday 21st one at 10am and one at 16:00 which are my notes I made, on the day I left confirming I would leave and would get a refund in full for the days remaining as discussed and confirmed by you on the phone earlier that day.
I would like to confirm that my original booking of 4 weeks was extended at the 2 week marker as I did not want to stress of having to leave if I did not feel ready to leave, so booked in 2 weeks, We then thought maybe 2 weeks extra on top of my 4 weeks would still leave the stress of leaving after 6 weeks so we booked in 1 month with the option of leaving at 2 weeks with a pro rata refund as discussed on the phone by booking.
I felt ready just before 7 weeks so called to discuss this and you encouraged me to book in more days and stay over the new year, based on the agreed refund and me and the therapist’s view I was in a good state of mind to leave.
In this case immediately after we spoke and agreed on the full refund based on prorate rate for 1 week left, I spoke to the therapists and let them know I was going and they all were aware I was getting a refund. This is a fact.
I would like to note that I asked to leave on Tuesday 20th, yet you did not call me back and I had to chase you on Wednesday 21st for a response but you didn’t reply by email, phone or text.
I have put myself on hold expecting you to respond in some way since the 21st of December, but we are not almost 2 months away and only a phone call today. This is simply unacceptable.
Please can this issue be resolved within 7 days as we shall be seeking legal advice and action.
Please can all correspondence by via email or recorded letter.”
- A verbal agreement was made on confirmed on 2 occasions and this confirmation was immediately relayed to those around me.
- If this agreement for a refund was never available, they why were I lead to believe it was.
- Why is there no correspondence, replies by call, email or letter.
- It is well known by people in the industry that there is resentment for people who leave of their own accord and no refunds, I understand this, but I ensured by verbal agreement that there would be a refund in this case.
- I have made several calls to chase this up. (Log to be provided)
- We are taught that we cannot control people, things or places, and not let resentments build up which affect our recovery and sometimes you must accept that you will not get what you want and must compromise as being resentful is not worth risking my life over. Moreover, this will carry in my mind and not in the person or people who I am resentful of.
- I am surprised that the lead administrator with knowledge and experience for all of the above would lead me to believe that a refund would available.
- If I had been told this in the first instance, then we would have just booked the 2 weeks and extended towards the end.
- It is shocking that those who we trusted with our recovery and handed over £27500 did not reply or confirm or even acknowledge any correspondence, and if they were so sure that there was no agreement, why would they not explicitly state that in an email.
- Was the lack of communication at my time to leave a deliberate intention to keep me there for as long a possible to reduce the amount of refund or try and not to pay any at all.
Any advice in how to persue this would be great
1) I have tried reaching out to them - no success here
2) Paid by credit card so could possibly request a charge back, but this may cause extra stress due to them trying to come after me for the monies refunded, and I would most likely, be prevented from attending the weekly group recovery sessions ( zoom ) which are beneficial.
3) Would be easiest solution be to submit a small claims court order, pay the fee and represent my self, based on the information above? and anything else anyone can help me with?
Thank you all so much for you help, I am very grateful for this forum.
