Apricity closure - your rights and help

On Friday 20 December 2024 Apricity, the IVF clinic, announced it was ceasing operations. I’ve put together this information guide to help affected patients. I'm so sorry you're going through this.

Please note: I’ve tried to validate the information in this article as much as possible but it’s an evolving situation and I’m doing this in my spare time as a fellow IVF patient (at a different clinic).

If you have any other information or questions not in this article, please email me on archnaluthra at gmail dot com and I can check it out and add it here.

I'll update this article with any new information I receive.

Last updated: Wednesday 8 January 2025

UPDATE: Apricity statement 8 January

As of 8 January, all patients currently undergoing IVF treatment, who have chosen to continue care at one of Apricity's partner clinics, have now been transferred.

It has now commenced the refund process for patients. Private pay patients will receive an email over the coming weeks with details. Refunds will be made during the week commencing 13 January. Patients who accessed the clinic as part of an insurance programme or fertility payment plan provider, are asked to liaise directly with their insurer regarding refunds.

Apricity statement 23 December 2024

Apricity has provided the following statement:

"Sadly, from 1st January 2025, Apricity Fertility is ceasing all operations, including appointments, consultations, tests, and treatments.

The team is heartbroken and, alongside our partner IVF clinics, is doing everything it can to support treatment continuity plans for our patients. Patients will either be able to continue the treatment they have paid for at a partner clinic, or if they cannot they will receive a refund. 

We can assure all patients that ongoing safe storage of frozen eggs, sperm and embryos will be provided by our partner IVF clinics.

We have sent an initial email to all patients, and will be in touch with your personal update as soon as possible. Our patient support team will remain in place during January to ensure this is in place for all patients.

In addition, leading fertility charities, The Fertility Alliance, and Fertility Network UK, are also kindly offering additional support to those who need it.

We deeply regret any distress this may cause, especially at this time. 

We are responding to your questions, please contact us at enquiries@apricity.life.” 

It has also posted some FAQs about the closure. I am pushing them for information on when refunds will be issued.

What’s happened to Apricity?

On Friday 20 December Apricity announced it was ceasing operations from 1 January 2025. It published the following statement on its website:

Notification of Ceasing Operations

Effective from 1st January, Apricity Fertility is ceasing all operations, including appointments, consultations, tests, and treatments.

We deeply regret any inconvenience or distress this may cause and want to assure you that this decision was made with the utmost consideration and care.We understand that this news may raise questions or concerns, whether about ongoing or planned care, or regarding our collaboration and shared responsibilities. To provide support and address any queries, you can contact us at enquiries@apricity.life. Sincerely The Apricity Fertility Team

While Apricity hasn't confirmed this, it appears to have gone into administration.  

I have sent several questions to Apricity but am yet to hear back.

Is it possible Apricity will be rescued by another clinic?

When a company goes into administration it essentially means it's struggling financially and can't pay its debts. The company is put under the control of an administrator - a specialist who will try and rescue the company or failing that sell assets to raise as much money as possible for creditors.

It is possible that Apricity could be sold to another company or another clinic. This would probably be the best financial outcome for patients as it's the most likely way treatment costs could be recouped by patients.

Will I get my money back?

When a company goes into administration creditors are paid in a specific order:

1. Secured creditors. Banks or lenders with security over assets (e.g. a mortgage on a property) will be paid first. As Apricity is virtual, this is hopefully not as relevant.

2. Insolvency practitioners. Payment for the firm running the administration process is prioritised.

3. Preferential creditors like employees. To cover wages and redundancy pay.

4. Unsecured creditors (including patients). Unfortunately, unsecured creditors are only paid if there's any money left over.

5. Shareholders and investors. These are the last to be paid and often receive nothing.
   

It's difficult to say, but if the administrators are unable to find a buyer for the company it's unlikely you will get a full refund and it's possible you won't get any. It depends on how much money was in Apricity's account at the point of administration as well as other creditors in line.

However, there are a few other routes to try and get your money back:

• If you paid by credit card, try Section 75. If your treatment cost more than £100 and you paid any of it on a credit card you may be protected under Section 75 of the Consumer Credit Act. This is a legal protection which means the credit card company is jointly liable - so any rights you have with the clinic, you have with the credit card company. They have no choice in this, though as far as I'm aware it hasn't been used in a situation like this before so IVF treatment is untested water.
  

• If you paid by debit card, try Chargeback - but you only have 120 days. If you paid any amount on a Visa or Mastercard debit card you can try getting a refund through Chargeback. This isn't a legal protection, so isn't as foolproof as Section 75 but worth trying. It works by your bank issuing a Chargeback to the bank that collected the money. However, you usually only have 120 days from the day you realised there was a problem (20 December 2024) to do this. For some future dated items like sports tickets you have 120 days from the event but it's not clear where IVF falls in this definition.

MoneySavingExpert has full guides on this including Administration Help, Section 75 and Debit Card Chargeback. These include step by step help and template letters so please check these out and use them to get your money back.

Are there any plans to offer continuity of care?

Apricity has said it's working to find alternative treatment providers to ensure continuity of care. There are no details of this yet, as far as I'm aware.

Gaia has confirmed that it has a few patients with Apricity and it's helping to put alternative treatment plans in place - so if you have paid via Gaia do get in touch with it.

Will my gametes or embryos be stored safely?

Although there's no confirmation of this I expect all gametes and embryos to remain under the care of the partner satellite clinics. These clinics are all regulated by the HFEA so will be adhering to regulations on storage.

What does the HFEA, the regulator, say?

I asked the HFEA if it was helping to ensure continuity of care. This is the statement I received:

Peter Thompson, Chief Executive of the HFEA, said: “The HFEA does not regulate Apricity in the UK, although we appreciate this situation may cause concern to patients who were planning to have treatment.  “By law the HFEA can only regulate UK licenced fertility clinics, which are the premises where treatments take place. The decision to cease trading was taken by Apricity’s board. “We would advise anyone affected by this decision to contact Apricity, who are trading until 1st January 2025. The HFEA is unable to help patients obtain a refund nor compensation.  “Patients can also contact the licenced clinic where any procedures, such as egg collection, were due to take place. We would expect Apricity to ensure that any eggs, sperm or embryos stored in the UK are looked after.” 

Will the satellite clinic take me on?

I am asking the partner satellite clinics if they will offer anything to affected patients. They were also only notified on Friday so are currently working through this. I will add any details here. Here's what's being offered so far:

Avenues

• free cryotransport if you want to transfer any eggs or embryos from an Apricity partner clinic to Avenues.

• a free consultation with Dr Taneji or Dr Chami

• counselling support

Are non-partner clinics offering anything to affected patients?

I asked some of the big clinics if they would do anything to help with future cycles and I will add any details here.