Where do I stand? Being charged for 'missed appointment'

[LiveInABox]

[Apologies I've already posted this in _Chat before finding a more relevant topic!]

Hello I'm hoping someone can help me with some advice about where I stand on this.

To cut a long story short, I booked a spa appointment for 2.45 last Wednesday. I booked over the phone and am 100% sure that the time I was told was 2.45 because I repeated it out loud to gain approval from my babysitter (DH!). I provided my debit card details to 'confirm the booking'. Didn't have an issue with this as it's the spa attached to my gym and have used many times before.

On the day I turned up early and was told I had missed my appointment at 12.45 and I would be charged the full amount for a 'no show' (130). Sure enough the money has been taken from my account. Unfortunately they had texted me the confirmation details the day before but I have changed my number.

Does anyone know where I stand on this now, or have any similar experience that worked out or not? After many phone calls to the manager they are refusing to refund the money. Also trying my bank but it's not fraudulent because I freely gave my debit card details.

Thanks in advance!

[GretchenWiener]

i wonder what your 'contract' with them is? did you sign anything? I suppose giving your credit card was a big no no

[prh47bridge]

I would suggest writing to them stating that the appointment was for 2.45. This is what you were offered and you repeated this back to them on the phone. It is not your problem that they recorded it incorrectly. You turned up for your 2.45 appointment. You therefore expect a full refund. Set a reasonable deadline and tell them that if they fail to return the money by that time you will take legal action to recover your money.

If they don't return your money you can take them to the small claims court. The question of what happened will be decided on the balance of probability. In your favour you will have both your evidence and your husband's evidence that you repeated back to them that the appointment was for 2.45 plus the fact that you turned up at the correct time for that appointment.

[GretchenWiener]

yeah small claims will take forever and actually costs to do

[prh47bridge]

The fee for lodging a claim for less than £300 is £25. If a hearing is required there is a further fee of £25. All fees can be reclaimed from the other side if you win. Once you start proceedings it can take 6 months before the hearing but the other side has to decide whether or not to lodge a defence within 14 days of being served with the particulars of claim. In many cases the defendant settles at this stage.

[sarahquilt]

I think the problem is the phone because they could just say that they sent you a confirmation text which you could have checked and it's not their problem that you didn't give them the up to date number.

[MrsPixieMoo]

I think the phone is a red herring. They sent it. You didn't receive it.

[LiveInABox]

Thanks everyone, finally managed to speak to the regional manager who has agreed to refund as a goodwill gesture. Phew!!

[MrsPixieMoo]

Well done OP. Glad you got it sorted.