Opticians failed to charge correct amount.

nickcc

My Daughter uses a local optician for the supply of contact lenses and fluids, paying a monthly fee. The optician has just contacted her and claims that they have not been charging her for the lens fluid and now require her to repay the monies they failed to collect, it seems that the original mistake was made by the optician nearly three years ago and they require that my Daughter increase her monthly payment to cover their mistake. Before I offer my Daughter any advice I would like to know if she is legally obliged to pay this charge. The opticians are insistent that she owes the full amount and must refund them, my advice will probably be to find a different supplier and tell the opticians to do one.

unholyangel

What was actually agreed between your daughter and the opticians?

jobdone1

The dam cheek of it, Do they really want to damage their reputation. Its their mistake. Can they prove what you have had in the last three years in writing and receipts ? You can't just demand money from someone with out evidence that it is owed. And like I have said this is very bad customer service on their part.

meer53

So she's had goods that she hasn't paid for for 3 years ? Didn't she realise she wasn't paying ?

I think their offer to accept monthly payments is fair. Telling the optician to "do one" isn't a good idea. They might take her to court.

nickcc

meer53 wrote: »

So she's had goods that she hasn't paid for for 3 years ? Didn't she realise she wasn't paying ?

I think their offer to accept monthly payments is fair. Telling the optician to "do one" isn't a good idea. They might take her to court.

Obviously not as she presumed that the price she was being charged included the cost of the lenses and the fluid. It would appear that you assume my Daughter has taken advantage of the opticians mistake, this is the wrong assumption for you to make as you neither know my Daughter or myself.

cockaleekee

nickcc wrote: »

Obviously not as she presumed that the price she was being charged included the cost of the lenses and the fluid. It would appear that you assume my Daughter has taken advantage of the opticians mistake, this is the wrong assumption for you to make as you neither know my Daughter or myself.

If they had charged her twice as much, would she carry on paying it, as she presumed she was being charged the correct amount?

What does the paperwork that she signed state?

nickcc

unholyangel wrote: »

What was actually agreed between your daughter and the opticians?

Inclusive price but they now find that they failed to include the fluid.

nickcc

cockaleekee wrote: »

If they had charged her twice as much, would she carry on paying it, as she presumed she was being charged the correct amount?

What does the paperwork that she signed state?

Of course she wouldn't have paid twice as much but she would have looked elsewhere for a better deal or are you suggesting that she shouldn't try to reduce her overheads by putting her business with a cheaper optician.

cardinalbiggles

After 3 years I would think they would have a hard time getting any money from you, in fact after three years it wouldn't be unreasonable for you to assume that your contract is to supply what they are supplying for the cost you have been paying. They will have a major problem arguing otherwise.

cockaleekee

nickcc wrote: »

Of course she wouldn't have paid twice as much but she would have looked elsewhere for a better deal or I you suggesting that she shouldn't try to reduce her overheads by putting her business with a cheaper optician.

You still have not told us what the paperwork said. I am not suggesting anything, as you are still not giving us anything definitive to go on!

unholyangel

nickcc wrote: »

Inclusive price but they now find that they failed to include the fluid.

They cant retrospectively change the terms.

If they agreed to provide xyz at a price of (for example) £30 per month, they can vary the terms of future transactions but not past ones.

If they agreed to provide xyz at a price of £30 per month (or perhaps £25 plus + fluid @ £5 per month) but were only taking a monthly direct debit of £25, they're entitled to the £5 extra per month they agreed but failed to take. However even if this is the case, theres nothing to stop your daughter asking to pay it back in installments, asking for a discount for settling in full, asking for a discount due to their mistake etc.