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Claimed refund for bad service, went to mediation & they failed to pay

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  • Claimed refund for bad service, went to mediation & they failed to pay

    Hello,
    I'm new in the forum and need some advice, thank you very much in advance.

    Paid £550 for 6 sessions of laser hair removal in advance, it was one session every 8 weeks so in one year finished the 6 sessions. During the treatments I did not notice good result and told the therapists, they said I may need more treatment and all the time tried to sell me more sessions. In some sessions they missed some parts of my body and not covering moles (what they should have done but I did not know). They did not make basic questions they should to adjust settings. Some of the therapists said I may need more sessions, others that I had to wait. When the treatment finished I had the same hair as before. No results whatsoever. I complained, they said I needed more sessions, I refused to buy more and asked for a refund. They refused. Called Trading standards, sent the company 2 letters stating the Consumer Right Act 2015 that says that I service should be provided with reasonable care and skill and they failed in that respect, so I wanted a refund. They only answer the 3rd letter "before action" refusing the refund. I paid £60 to Money Claim online. They defended the whole claim. We then decided to go to mediation. We agreed they will pay me £200 (I had spent £610 already in the treatment plus claim, but wanted to avoid Court). They failed to pay the amount agreed and now I need to decide 1- Pay a £100 fee to enforce the payment agreed on mediation. 2- Pay £100 fee to take the case to a hearing court and claim the full amount. Trading Standards says that I have a case as I can provide pictures "before and after" with no changes, but I still could lose the case. My question is, do I have more chances to win in a hearing court since they failed to pay the amount agreed on mediation (which is legally enforceable)?
    Best regards and thanks again!
    Tags: None

  • #2
    Re: Claimed refund for bad service, went to mediation & they failed to pay

    Hi and Welcome

    The first thing to ascertain is if the outfit has sufficient assets to make enforcement viable.
    Is it a limited company, or a sole trader or limited partnership?

    Have you spoken to the mediation service about the failure to pay?

    I'm not sure, that having entered into a mediation agreement (which is a bindinding contract) that you can take action on the original cause.
    I believe your action, if youwantto o to court, is to sue fro breach of contract (the mediated agreement) and claim damages.

    I'm tagginga couple of others who may comment further and with more knowledge!
    @Diana M @R0b @charitynjw

    Comment


    • #3
      Re: Claimed refund for bad service, went to mediation & they failed to pay

      Thanks for that, [MENTION=39710]des8[/MENTION]

      Imho, I would guess that a failure to accept a (more than) reasonable offer at an early stage of the proceedings could very well be 'unreasonable behaviour', & expose the defendant to costs per CPR 27.14(g).
      Also Clohessy v Holmes (2004) could assist.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Claimed refund for bad service, went to mediation & they failed to pay

        Hello Des8,

        Thank you for the answer. They are a Ltd company, I have spoken to the mediation service and they said that I could restore the case to court for the full amount or enforce the payment agreed on mediation (This is also stated in the mediation agreement). I really feel that I should now restore the case and claim all the money, but I am still scared of going to court and lose.


        Comment


        • #5
          Re: Claimed refund for bad service, went to mediation & they failed to pay

          Good morning Charitynjw,

          Thank you! I've been told that as well. After they breached the mediation agreement, I have more chances to win in a hearing court. But I've never been to court. Actually the agreement reached in the mediation was very good for them and for me it was just the 3rd part paid. The company has a very bad reputation (reviews online) some of them claiming the same as me (no results on laser hair removal).

          Comment


          • #6
            Re: Claimed refund for bad service, went to mediation & they failed to pay

            Originally posted by Amapola View Post
            Good morning Charitynjw,

            Thank you! I've been told that as well. After they breached the mediation agreement, I have more chances to win in a hearing court. But I've never been to court. Actually the agreement reached in the mediation was very good for them and for me it was just the 3rd part paid. The company has a very bad reputation (reviews online) some of them claiming the same as me (no results on laser hair removal).
            Small Claims Court mediation is paid for (I believe) via the Court Services budget.
            If so, I can't imagine a judge being impressed with the abuse of the service & funding.
            & unreasonable costs can be awarded against a party whether they win or not.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Claimed refund for bad service, went to mediation & they failed to pay

              Have you checked the status of the company (http://wck2.companieshouse.gov.uk//w...essCompanyInfo) (just to make sure they aren't going into liquidation!)

              In view of the additional info, and if they check out satisfactorily) I would reinstate the original action, and add costs for unreasonable behaviour.

              Your choice!

              Comment


              • #8
                Re: Claimed refund for bad service, went to mediation & they failed to pay

                I've just checked the company and they are active. Thank you very much!

                Originally posted by des8 View Post
                Have you checked the status of the company (http://wck2.companieshouse.gov.uk//w...essCompanyInfo) (just to make sure they aren't going into liquidation!)

                In view of the additional info, and if they check out satisfactorily) I would reinstate the original action, and add costs for unreasonable behaviour.

                Your choice!

                Comment

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