Broken Contract?

[Islay]

I paid a deposit for a private operation on a specific date provided by me to the company.

The company then changed the hospital as they could not guarantee the new hospital being open, they then changed the date and again the hospital.

Just before Christmas I received an email informing me that all dates in January (including mine) were now fully booked and they would inform me of the next available date as soon as possible.

To me this is out of order, I paid my deposit in good faith for a date that suited me, I have to book travel and kennels and hotels etc, they seem unwilling to see that the fault is theirs!

I sent them an email on 22 December expressing my unhappiness at all that had gone on, but have not had a reply, I have decided to give them until the end of this week as they are stating it is the surgeon that is holding up proceedings due to his availability.

If they do not respond to me by then I would like to send them an email expressing that under so and so this is a breach of contract?

Can anyone help with the wording?

cheers

[fiction-factory]

Would they be prepared to refund your deposit, Islay?
You may need o look at what you signed up to- they may have said dates can't be guaranteed.

[Islay]

That's the other issue - I have yet to receive anything from them - I have had appointments but no receipt of payments and nothing else.

I checked them out on line and they are kosher and the surgeon is fantastic I just get the feeling I am being messed around!!

[Sycamore3House]

I would say they have given you enough notice of the cancellation and a reason. Also you say that 'you have to book' other services so you are not out of pocket yet. Have you checked and terms and conditions. I would rearrange as it is a medical procedure after all.

[Islay]

Yes Syamore its just trying to tie them down to another date - I feel like I am doing all the running and getting no service back!

I stupidly thought that going private was going to be stress free - ha!

[Islay]

Tora what's that go to do with the question?

[ToraToraTora]

just wondered why you wanted all the hassle and expense of going private.

[Islay]

Because the op I want is not available on the NHS

[Islay]

Why was tora question removed?

[ToraToraTora]

fair enough. Not sure what is going on with the post removals that have occurred lately.

[Islay]

To be fair your question wasn't relevant

[ToraToraTora]

if they removed everything that is considered not relevant this site would be a lot smaller.

[bednobs]

what do you want the outcome to be islay? If you want your deposit back, then i would be inclined to just ask, rather than quoting law

[EDDIE51]

It's not like booking a car in for repair, medical procedures are subject to delay and change private or NHS, they have to allow for emergencies and the staff being available. Even in the private sector they have to allow for delays due to emergencies. The surgeon almost certainly works mainly for the HNS and that has to take priority over his private work.

[Islay]

Eddie I was originally given the date of 31/01 it was then changed to 30/01 and then finally told that all his dates were full up.

So really nothing to do with emergencies.

[EDDIE51]

The surgeons NHS work load will be very heavy at this time of year.
NHS work takes priority over his private cases, the NHS is his living, private work is 'the icing on the cake' so to speak.

[Islay]

Just an update to this.

I made contact with the company via another door, and now have my operation date and everything is moving at a fast pace now.

Thanks for all the responses.