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Vaccination refund rights?!

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Hi,
I paid and recieved 2 japanese encephalitis injections before I went travelling.
I recently recieved a letter saying that these injections were part of a faulty batch and that I could have them done again free of charge.
However. I don't need them again - I have returned from travelling and so there is no point in me getting them. I want a refund but when I phoned the doctors surgery today and was told that I could not have a refund.
What are my rights on this? Do I pursue it under the sale of goods act, or supply of goods and services act?

(I think it's the supply of goods and services act, since they provided the injection, and then gave it to me?!)

Any help would be appreciated.

Many thanks

Ashbash11

Comments

  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Are you planning on getting a new doctor as well? You n eed to factor that into the hassle of taking on the NHS.

    Just pop in and get the correct vaccine. Pain I know but life is too short.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    ashbash11 wrote: »
    Hi,
    I paid and recieved 2 japanese encephalitis injections before I went travelling.
    I recently recieved a letter saying that these injections were part of a faulty batch and that I could have them done again free of charge.
    However. I don't need them again - I have returned from travelling and so there is no point in me getting them. I want a refund but when I phoned the doctors surgery today and was told that I could not have a refund.
    What are my rights on this? Do I pursue it under the sale of goods act, or supply of goods and services act?

    (I think it's the supply of goods and services act, since they provided the injection, and then gave it to me?!)

    Any help would be appreciated.

    Many thanks

    Ashbash11

    Funnily enough I was looking up information on Japanese Encephalitis vaccination today and saw that there had been a notice issued about batches with insufficient strength.

    I doubt if you've got much chance of insisting on a refund, if you want to take the stance that you've bought faulty goods then the normal response is that the seller can decide whether to repair, replace or refund, not the buyer. In this case they've offered you a replacement which you can either take or leave - I would be inclined to get it done, you never know when you might go back and getting vaccinated now may mean you wouldn't need to get it done again.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    if you want to take the stance that you've bought faulty goods then the normal response is that the seller can decide whether to repair, replace or refund, not the buyer.

    If goods are faulty at the time of purchase then the buyer has the legal right to a full refund and they don't have to accept a replacement.
    What you've stated above is only the case in the event of goods that become faulty after having been accepted by the buyer.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    If goods are faulty at the time of purchase then the buyer has the legal right to a full refund and they don't have to accept a replacement.
    What you've stated above is only the case in the event of goods that become faulty after having been accepted by the buyer.

    Thanks Shaun, I stand corrected! Although you could argue that the OP would have to return the original vaccine in order to get the refund, which could be a bit tricky.
  • texranger
    texranger Posts: 1,845 Forumite
    agrinnall wrote: »
    Thanks Shaun, I stand corrected! Although you could argue that the OP would have to return the original vaccine in order to get the refund, which could be a bit tricky.

    You beat me i was just going to say that normally you have to return faulty goods for a refund, which unless you allow your doctors to drain all your blood to make sure they get back all the vaccine which i think will be impossible
  • ashbash11
    ashbash11 Posts: 73 Forumite
    Thanks for all of your replies. It makes no sense that they will give me another 2 injections free of charge if they are prepared to order and pay for it themselves (although I know they must make some sort of profit on it), yet they won't give me a refund. I have so far only spoken to the deputy manager, and on Monday will be speaking to the surgery manager to see if she will authorise a refund.
    I wouldn't have minded getting them again if they had found out before I had gone travelling but now I'm not going to be in any areas where I risk contracting it for a long time, and I don't want to wait for 4 years to have it done again. I would rather have the money.
    I'm going to take it further if I don't get a positive outcome on Monday and will see what happens next.
    Ashbash11
  • ashbash11
    ashbash11 Posts: 73 Forumite
    Funnily enough, after I had written the post I received a phone call and they said they would be refunding me!
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Good result.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The right result.

    They should consider themselves fortunate that you didn't contract a disease after getting a faulty injection!
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
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