difficult situation with glasses and a deceased trader

soolin

I would have posted this on the long discussion thread about prescription glasses, but it doesn't show up when I do a search. I'm looking for advice for a difficult situation where I am not so much bothered about 'legal' rights but how to achieve something in a distressing situation without appearing uncaring.

The situation in a nutshell is that I had problems with high Street opticians not being able to make up my complex varifocal prescription properly for glasses, I decided after reading threads here and wanting to support the small traders to go to a small independent optician and so I did. The one man band I used was owned and managed by a dispenser, not an optician so eye tests are done by a locum and the glasses dispensed in store. It was a very slow process, I routinely waited a month for my new glasses and even then I had to hassle to get them as they would just never materialise, but I was aware there were personal situations that made me careful not to push too hard and to stay calm whenever I enquired about progress. The glasses were always perfect from the day they arrived so I stuck with the independent.

Approx 5 1/2 weeks ago I ordered a new pair as my existing ones are showing signs of collapse and I wanted a new pair ready in case. Paid £370 and waited. After two weeks I started enquring when they would be ready, I got the usual excuses about how orders were lost, couriers unreliable etc. Eventually last week I was a bit firmer and said that it was now urgent that I had them as my current glasses were not going to last much longer. Apparently at that point the glasses had been received and were waiting for somehting to be done before they could be dispensed. I was promised them at the weekend. Weekend came and went and no answer on the phone.

Just got through to be told the owner had died at the weekend and that the shop was closed. They have no idea what will happen, Accountants have said they mustn't touch any stock nor must they allow access to customers.The one member of staff employed doesn't even know if she will be paid.

What happens now, has anyone come across this before, will my glasses be released at some point if they can be identified? If this is going to take a while should I start a chargeback on my credit card, although actually I would prefer not to have a refund but to get the glasses. My current pair are not going to last and I have very poor sight without them and only have prescription sunglasses as a back up..help, how do I proceed without causing distress to anyone?

WestonDave

I would try and find out the accountants that are dealing with it and contact them - they are likely to be doing it on a professional basis so you can explain the difficult situation you are in (pleasantly obviously!) without intruding on the difficult personal situation around the owner. To be honest glasses made up to a prescription will have zero onward sale value so there is little point the accountants holding them if you can prove you have paid. What they won't want to do is release stock where they might still get more money in if it is a liquidation situation.

Tozer

Was the trader trading through a compan y (i.e. as a director and shareholder) or as a sole trader?

Weston Dave is right - if you can demonstrate that you paid up front then you can argue that title has already passed to you and that they should not form part of the assets of the business. WD is also right that they will have neglible onward value.

Obvious question - did you pay by credit card?

soolin

How can I find the name of the accountants though, will they post it on the door or something? I only got the phone answered bya ccident this morning as apparently that is going soon and they are not going to make calls or accept any more.

I have a horrible suspicion that the business may actually have more debts that assets though from some of the conversations I have had with them.

soolin

Tozer wrote: »

Was the trader trading through a compan y (i.e. as a director and shareholder) or as a sole trader?

Weston Dave is right - if you can demonstrate that you paid up front then you can argue that title has already passed to you and that they should not form part of the assets of the business. WD is also right that they will have neglible onward value.

Obvious question - did you pay by credit card?

AFAIK he was a sole trader as he just has his name above the door, he has no partners and his locums were hired by the day. I've stupidly never had any paperwork from him, no receipts just a credit card print out. The copy prescription I asked for is on a bit of paper pulled from a pad that the optician had with the opticians name and professional qualifiactions.

Yes I paid by credit card. I'm going to go past the shop today on my way to work so I can double check the name on the door and whether any notices have benen pinned up.

We are talking chaotic here though, he worked on the basis that he knew where evything was, the records were all kept on bits of paper, glasses were left lying around as he knew who was waiting for what frames, he didnt even have a computer.

soolin

Should have added that if he went on holiday or had a day sick then the shop stayed closed, he had no back up plan.

I feel stupid now I start to explain all this. I honestly thought that using local trades people was the right thing to do.

cattie

Don't feel stupid Soolin. You weren't to know you were going to encounter this problem.

I'm like you & try to use small local tradesperson's where necessary. Normally it turns out to be the right choice, but in your case nobody could have foreseen the situation you find yourself in.

I'll keep my fingers crossed you do manage to get your glasses & quickly as by the sounds of it it will save you a heck of a lot of hassle.

soolin

There was nothing on the shop when I walked past, all the security shutters are down and padlocked. I took my last prescription to Specsavers to see if they could make it up but they said it isn't actually valid as it is missing a stamp or something and even if it was they can't read it as it is virtually illegible. They are not happy to make up glasses from the prescription as they can't even read the date.

I can't even be retested as I have a very odd prescription and the one I test to isn't the one I wear, my little independent man was happy to make up a different prescription for me once the locum agreed it would not damage my eyes. If I get a new prescription I'll be back to the old problem of it being technically ocrrect but of no use to fish nor fowl. I'll also have my existing pair and spare pair with different prescriptions.

Credit card company are not exactly being helpful, they want me to confirm that I have approached the people handling the business first, they insist that notification should be available either in the shop or pinned to the door, but there isn't.

I know I shouldn't be moaning, the poor man has died and all I care about is my £370 glasses sitting there in the back office.

soolin

Just as an update I called the credit card people again and this time they took details. It turns out though that they only ever processed £19 for my eye test, the £370 for the glasses never went through.

It looks like the muddle in the shop went as far as the payment system, the CC company also confirmed that nothing now will be paid as my account has been marked.

Such a terrible shame .