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  • FIRST POST
    dgear1984
    Ultralase - guarantee no longer valid - advice needed
    • #1
    • 4th Dec 13, 8:49 PM
    Ultralase - guarantee no longer valid - advice needed 4th Dec 13 at 8:49 PM
    Hello,

    I am new to this forum, not sure if this is the correct place to post this.

    In August 2012, I had laser eye surgery with Ultralase and included in that was a life time after care guarantee which include re treatment if required.

    Since about 3 months in, one eye has had less than perfect vision and I have asked for re-treatment, and I was told you needed to have 3 visits worth of a constant prescription for retreatment.

    I am due to go for the last of these three constant prescription visits on friday before a hopeful re treat.

    Today Ultralase went into administration. The life time guarantee has been cancelled and any trips to the "old" ultralase/optimax centres will be charged at £25 a visit, and £195 for re-treatment.

    Now I feel I have paid for a service I am no longer going to receive. Can I pass the bill of re-treatment onto the administrators? I still have a balance of around £1000 with ultralase which was subcontracted out to a company called Hitachi Capital.

    Thanks Dave
Page 2
    • andwan0
    • By andwan0 21st May 15, 5:17 PM
    • 29 Posts
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    andwan0
    Am talking about the life-time aftercare guarantee.
    Optimax gave me some appointments for checkup, but they told me I had to pay £25 per visit, and if I needed retreatment, it'll be £400 per eye, etc.

    Ultralase promised me (in writing), life-time of aftercare, including free checkups, and free retreatments.

    So am confused, does Optimax require to honour the agreement even though it's a different name from the agreement?
    • magpiecottage
    • By magpiecottage 22nd May 15, 6:20 AM
    • 9,129 Posts
    • 5,584 Thanks
    magpiecottage
    The new business is a different legal entity, so no it does not have to honour an agreement with its predecessor.

    However, the lender is jointly and severally liable with the predecessor. So it does. If you have paid for the checkups, I suggest you send copies of the agreement and receipts and ask the lender to reimburse you. Should it refuse, you can take it to FOS.
    • andwan0
    • By andwan0 22nd May 15, 9:48 AM
    • 29 Posts
    • 0 Thanks
    andwan0
    The new business is a different legal entity, so no it does not have to honour an agreement with its predecessor.

    However, the lender is jointly and severally liable with the predecessor. So it does. If you have paid for the checkups, I suggest you send copies of the agreement and receipts and ask the lender to reimburse you. Should it refuse, you can take it to FOS.
    Originally posted by magpiecottage
    Ah, so you mean, any retreatment, bills etc.. I should get Hitachi Finance to reimburse me?
    • andwan0
    • By andwan0 27th May 15, 2:20 PM
    • 29 Posts
    • 0 Thanks
    andwan0
    Here is an OCR scan of the T&Cs of the Lifetime Guarantee


    The Ultralase Lifetime Care Guarantee
    Terms & Conditions
    Aim?Our aim is to help you to see more clearly, by eliminating or reducing your dependence on glasses and contact lenses for
    distance vision. Laser eye treatment cannot, nor is intended to, cure, prevent or delay the onset of certain other eye conditions,
    including presbyopia [the age-related condition characterised by the need for reading glasses] or cataracts, for example. However,
    Ultralase's range of non-laser procedures may be appropriate for the treatment of these conditions.
    Whilst Ultralase treatment is undoubtedly highly successful, we can never guarantee the outcome and, in some circumstances,
    your surgeon may advise you that further treatment is not possible. For all treatments we perform, our first priorities are safety
    and effectiveness, and we will not proceed if the risk outweighs the benefit. Very rarely, complications arise, which are those
    associated with this type of surgery. Very occasionally, you may not be able to see as well after the procedure as you did beforehand.
    We aim to achieve the following visual outcome[s]; either:
    [a] To reduce your spectacle prescription to: less than 1 dioptre of short-sight [myopia] or long-sight [hyperopia], and less than 1
    dioptre of astigmatism; or the equivalent of minimum driving standard of vision [6/12] or better; or uncorrected vision to within
    3 lines of your best-corrected vision prior to treatment [as measured on the familiar eye test chart]*; or
    [bl If we are not aiming for a full correction of your prescription at the outset, then the result should be within the target agreed
    between you and your surgeon.
    * uncorrected = without glasses or contacts lenses; best-corrected = how well you can see when wearing glasses or lenses.
    Consultation: During your consultation, we will agree with you the most appropriate vision correction method - whether a LAS|K-
    or LASEK-based treatment, or one of our non-laser procedures - and the likely visual outcome of your personalised treatment
    plan. This becomes our Lifetime Care Guarantee to you, which applies to the treatment we have provided and therefore relates to
    any residual short-sight, long-sight or astigmatism arising as a direct result of this treatment.
    Outcome: if we do not achieve our targeted visual outcome with the first treatment, your surgeon may feel that a re-treatment may
    produce better unaided vision, and this will be performed free of charge, as it is part of the overall treatment process. Any decision
    as to whether a re-treatment is appropriate will be discussed between the surgeon and yourself, and, subject to the "Exclusions"
    below, the re-treatment will take place for no charge. A re-treatment may not always be possible or medically appropriate [for
    example, if the patient has insufficient corneal tissue remaining]. Such a decision would only ever be taken in your best interests,
    but in these rare cases, we would not be able to fulfil our commitment to re-treat. Any re-treatment that you are offered will only
    be available to you through Ultralase. In the event that you seek treatment elsewhere, this treatment will not be paid for by
    Ultralase and may invalidate this Lifetime Care Guarantee. it is Ultralase's aim that the treatment provides the very best outcome
    for you. Occasionally, although the treatment or re-treatment may be satisfactory, your underlying eye condition may mean that
    Ultralase is unable to improve this pre-existing condition. The offer of re-treatment is not an admission that the original treatment
    was performed below the standard that is expected of Ultralase's skilled surgeons and staff. In fact, it demonstrates Ultralase's
    confidence in the quality of the treatments given by its surgical teams and endorses our efforts to ensure that you have full
    confidence in our aftercare package.
    Aftercare: In order to maintain your Lifetime Care Guarantee you must follow your personal aftercare programme, which will be
    explained to you and fully documented on your treatment day. This will include the use of post-treatment medication [as directed]
    and the attending of all Ultralase follow-up appointments. You must also undertake an eye examination at least every two years
    thereafter, which must be fully documented by your own optician. We recommend choosing an accredited Specsavers or
    Ultra-EyeCare"" practitioner, all of whom have been trained specifically in performing Ultralase aftercare appointments. You
    should expect a charge to be made for these eye tests, the frequency of which will be dictated by your own optician.
    Exclusions: There are a number of exclusions where we regret that the Lifetime Care Guarantee, at Ultralase's discretion, may
    become void. These include [but are not limited to] the following;
    If you do not comply with your personal aftercare programme [described above]; if you did not have your initial treatment at an
    Ultralase clinic, or underwent another refractive procedure, including [for example]: RK [radial keratotomy], ALK [automated
    lamellar keratoplasty], LTK [laser thermokeratoplasty], or lntacs, prior to your Ultralase treatment; if you have, or go on to develop,
    cataracts**, eye diseases [such as glaucoma], macular degeneration or other retinal conditions, insulin-dependent diabetes,
    amblyopia, keratoconus, mental illness, herpes infection of the eye, rheumatoid arthritis or nystagmus; if you are pregnant or
    breast-feeding; if your loss or reduction of vision is caused by an accident involving eye trauma; if you have insufficient corneal
    tissue remaining to permit further treatment. Under these circumstances, your general practitioner or optician will provide
    appropriate care. Note that some of the above conditions may only be temporary, in which case the Lifetime Care Guarantee may
    be reinstated [again, at Ultralase's discretion].
    The Lifetime Care Guarantee may become void if you fail to maintain your payments to the end of your finance agreement. The
    Lifetime Care Guarantee may also become void if arrears remain outstanding despite all reasonable requests by Ultralase to
    recover the appropriate amount.
    In the event that you fail to declare any medical, surgical, ophthalmic or other condition of which you are, or ought reasonably to
    be, aware, and which could affect the treatment proposed by Ultralase, or affects the ordinary assessment of the procedure
    proposed to you, then this, at the discretion of Ultralase, may render the Lifetime Care Guarantee void.
    ** Ultralase offers cataract surgery; patients choosing this treatment will also qualify for the Ultralase Lifetime Care Guarantee.
    Presbyopia, the common age-related condition characterised by the need for reading glasses in later life, cannot be treated by
    laser at the present time and is therefore excluded from the Lifetime Care Guarantee. However, one of our non-laser treatments
    may be appropriate, in which case the Lifetime Care Guarantee would apply.
    Your Lifetime Care Guarantee relates_'_to your Ultralase treatment. Any unrelated condition would normally be treated by your
    general practitioner or optician. _-,
    l
    © Ultralase Limited, May 2010. LTG2.2
    • magpiecottage
    • By magpiecottage 28th May 15, 8:08 AM
    • 9,129 Posts
    • 5,584 Thanks
    magpiecottage
    Ah, so you mean, any retreatment, bills etc.. I should get Hitachi Finance to reimburse me?
    Originally posted by andwan0
    I would ask them to pay up front in the first instance.

    If they refuse, I would take them to FOS.
  • obrienlk
    Hello,

    Did anyone have any luck with this? Did you write letters and if so to who? I took my finance with Creation and not sure whether to write to them or to Financial Ombudsman? Also does anyone have a template letter I can use as not sure what need to write exactly.
    Thanks in advance for any help you can relay.
    Lauren
    • magpiecottage
    • By magpiecottage 16th Aug 15, 1:23 PM
    • 9,129 Posts
    • 5,584 Thanks
    magpiecottage
    You need to take it up with whoever provided the finance first. If they refuse then you complain to them about the refusal.

    If they still refuse you go to the Financial Ombudsman Service.

    If they send a letter saying you have six months to go to the Financial Ombudsman Service, then go to FOS straight away.

    You only need to tell the finance company that the supplier contracted to provide the service for life, has failed to honour it and that, under section 75 of the Consumer Credit Act 1974, you require them to do so.

    Keep copies of all correspondence and get proof of posting (free from the Post Office).
    • MrsMopnot
    • By MrsMopnot 4th Jun 16, 10:04 PM
    • 9 Posts
    • 1 Thanks
    MrsMopnot
    Optimax aka Ultralase
    Google Russell Ambrose and contact Sasha Rodoy for help!
    • andwan0
    • By andwan0 14th Jul 17, 9:29 AM
    • 29 Posts
    • 0 Thanks
    andwan0
    Okay, so let's say I need retreatment, and Optimax wants me to pay...
    how does this work? Do I pay first, and then bill my credit card company later?

    As you said, if we pay for something over £1000 on credit card then we are protected.
    • Moneyineptitude
    • By Moneyineptitude 14th Jul 17, 10:04 AM
    • 19,243 Posts
    • 9,361 Thanks
    Moneyineptitude
    User "magpiecottage" last posted in October 2016. The post responded to was made in August 2015.
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