Section 75 - in full and final settlement

2008nailah

Hi,

I paid for spectacles on my CC total cost £120 - I was told there spectacles could be used for reading and computer work, they are no use for computer work at all. Contacted CC company to make a claim under section 75 - they initially pointed me to the retailer - whom I had already been back to got my eyes retested and supplied new lenses which still unsutable for computer work - fine for reading only.

Paid £37 to get my eyes retested at CC company request and sent them report from other optician.

Now received a letter offering £120 in full and final settlement under Section 75.

As I have already paid an additional £37 at their request, I thought I would be entitled to claim for this as well as any further costs over the £120 to get the correct spectacles for reading and computer use.

Any help/ opinions greatly appreciated

Thanks

Trajal

I agree that you should get the £120 back, that's what you thought was the cost, they were not fit for purpose.

I also think you should write a nice letter including a photocopy of the other test £37, i think you said, given that it was at their request.

However they won't be liable for any additional costs to get the correct glasses and nor should they.

Trajal

Just to reiterate my point as I don't think I was very clear. Section 75 only applies to the purchase, I think you should make a separate claim for the £37.

dazza.mk

I don't think a separate claim is the way to go, as the retest isn't over £100 so would by itself fail.

However..... making a claim as a consequential loss in relation to the first claim is possible.

catfish50

Who was the optician? Did you go back to them and explain that you weren't happy with the glasses? Are you sure it wasn't just a misunderstanding? Sometimes you can use the same rx for reading and computer work, but it does depend to some extent on the distance between eye and book, distance between eye and computer. There is no such thing as a perfect rx to fit all situations.

Norfolk_Jim

that extra fee is a consequential loss surely? Isn't there a bit in Martins guide about consequential losses?

2008nailah

the otician was optical express, when I went back to them in the first instance I provided the distance to my work computer they changed the lenses in the specatacles, however, they were no better.

I have never worn spectacles before and was told at my initial consultation that I would be able to use them for both reading and computer work - as I spend most of the working day at a computer this is very important.

The second optician advised in their report that a single vision lense is not suitable for me.

I have read section 75 and the subsequent losses and wondered if that covered not only the retest at £37 but any additional cost to get the correct lenses.

catfish50

Sounds like Optical Express were liable in that they wrongly told you that the rx would be suitable both for reading and computer work, so if they refused to accept that, and you had to get the £37 test to get the chargeback, Optical Express should be liable for that.

As for paying for the correct glasses -- what exactly did the second optician recommend? Did they say you should have been prescribed bifocals? If so, you may have a case for holding OE liable, because according to the second optician, if OE had prescribed bifocals, there would not be a problem.

But if the second optician said that you need two separate pairs of specs, one for reading and one for computer work, OE would not be liable for that because it's not their fault that two pairs are needed.

Have you got specs now that you're happy with?

2008nailah

Catfish thx.

The second optician has said that they would have advised that I needed varifocals and not two seperate pairs.

Not got suitable specs yet! Need to get this sorted first.

I am planning to call the second optican to get a cost for these so I can see if there will be any cost in excess of the initial £120.

dazza.mk

2008nailah wrote: »

I have read section 75 and the subsequent losses and wondered if that covered not only the retest at £37 but any additional cost to get the correct lenses.

no it wouldn't, only for the expenses you've incurred as a driect result of the faulty prescription/glasses namely the cost of the glasses and retest.

catfish50

2008nailah wrote: »

Catfish thx.

The second optician has said that they would have advised that I needed varifocals and not two seperate pairs.

Not got suitable specs yet! Need to get this sorted first.

I am planning to call the second optican to get a cost for these so I can see if there will be any cost in excess of the initial £120.

In order to hold OE liable for the cost, you may have to allow them the option of providing suitable varifocals to replace the other specs. Not sure about this -- maybe someone more knowledgeable will post.