Contact Lenses DD problem with Optical Express

qxt123 · 30 August 2013 at 5:15PM

Hi guys, a question if I may.

I've been with my opticians (Optical Express) since 08 on their contact lens DD scheme where they provide me with contact lens, free lens checks and sight tests as aftercare.

For the past 10 or so months, I've been overdue on my annual check-up (in part because I had been busy and living in a different city (more later)) so they stopped delivery of my lenses until I had had my check-up which I've done last month.

I've been looking to leave this optician for some time now, but want to settle the issue regards them taking £15/month direct debit but not supplying me the contact lenses.

I know their T&C reserve the right to suspend delivery if I don't turn up for a routine check-up and I have no issues with this. I do however, expect to be compensated for the period of 10 months that I had continued to pay my direct debit but received no product in return. Also, when trying to book in for a check-up at my university city, they said they couldn't and that I'd need to sign up with them as a new customer and have all my paperwork transferred from my home branch - not something I was reasonably going to do.

I've had a word in-store and over the phone to be told I have £160ish credit for payments made but no lens delivered, but that they can only offer vouchers, or £160 worth of lens. I refused both options as I intend to leave them shortly, and if my prescription were to change in the next 10 months I'd be left with a set of useless lenses. They said they will not provide a monetary refund, as per their T&C. I've somehow managed to keep the DD I signed, with some T&C on the reverse which shows me 2 things:

a) It doesn't state that their only two options in this situation is to offer vouchers or the product to the value of the credit. It also doesn't explicity state they can't offer money-back refunds, although it does state however, rather confusingly, the following, including their reservation to offer to credit the account which the DD was deducted from (assuming this means bank account).

This agreement shall continue unless it is terminated by yourself by completing a DD Mandate Cancellation form in store. It is your responsibility to inform your bank of this cancellation. Your obligation to pay for Contact Lenses, solutions, care plan and consultations received or provided prior to termination will continue despite such termination. All monies received in accordance with this agreement

1. Shall be non-refundable. Your statutory rights are not affected.
2. We reserve the right to pay you any refunded monies by crediting the same to the account from which the most recent direct debit has been deducted.

The first bullet point seems a little ambigous and I hope they do not use this against me. Would Statutory Rights be applicable here?

b) it also explicitly states I can go to any branch to get a free lens check.

The advisor quoted a new set of T&C which I don't have, so I contested I should only be held to the T&C I actually signed. She has to trawl back to look for this and will get back to me.

My question is, what recourse do I have for paying for such goods under DD but not receiving them for the aforementioned reasons, and can I expect a monetary refund?

Thanks.

frugal_mike · 30 August 2013 at 5:37PM

It's probably not ok for them to have a term that says no refunds (in the same way shops can't have a sign that says no refunds).

However in this case I don't think that you have a statutory right to a refund unless they refuse to provide a service. They appear willing to provide the service, so are meeting their obligations.

Edit to add, you say you were allowed to go to any branch to receive the check, but the branch you went to refused? That may offer a way out for you, but given the other branch is willing to give you lenses I don't know if its a serious enough breech. Someone more knowledgeable may have to advise you there...

qxt123 · 30 August 2013 at 6:49PM

frugal_mike wrote: »

It's probably not ok for them to have a term that says no refunds (in the same way shops can't have a sign that says no refunds).

However in this case I don't think that you have a statutory right to a refund unless they refuse to provide a service. They appear willing to provide the service, so are meeting their obligations.

Edit to add, you say you were allowed to go to any branch to receive the check, but the branch you went to refused? That may offer a way out for you, but given the other branch is willing to give you lenses I don't know if its a serious enough breech. Someone more knowledgeable may have to advise you there...

Thanks for your reply.

As I expected, their reply email has quoted the "non-refundable monies" part as their response.

They are willing to provide the service now, but didn't when I needed it. As I don't require their service now, I feel it's a little late.

That branch didn't 'refuse' me a check-up, what they stated was that I couldn't just have a check-up like I normally would, but would instead have to effectively transfer my records between cities and start anew. They are willing to give me lenses now, but I feel that by not allowing me lens checks in any of their branches in the manner described above, it meant my check-up was delayed, hence suspending the order in the first place.

Is their a provision within Statutory rights that comments on money being refunded if services were not provided (there surely must be, T&C or not)? The only question here would be, would I still be entitled to a refund if that service can be offered now, but wasn't back then when I needed it?

frugal_mike · 30 August 2013 at 7:01PM

Well it will all depends on what 'transferring your records' entails. Did it mean starting a whole new contract at the new branch, or just that they needed your records to provide the service properly?

If they were saying you needed a new contract then they would appear to be in breach of the clause that you could get the checkup at any branch. However if they just wanted your records to provide proper medical treatment then probably not.

Could you have transferred to that shop temporarily, and then transferred back to your usual one?

qxt123 · 30 August 2013 at 7:24PM

frugal_mike wrote: »

Well it will all depends on what 'transferring your records' entails. Did it mean starting a whole new contract at the new branch, or just that they needed your records to provide the service properly?

If they were saying you needed a new contract then they would appear to be in breach of the clause that you could get the checkup at any branch. However if they just wanted your records to provide proper medical treatment then probably not.

Could you have transferred to that shop temporarily, and then transferred back to your usual one?

No I do not recall them stating there was a need for a new contract. I remember that they could not find me on the system (I've since found that they hold two records for me, which also causes confusion when I ring), and so suggested registering with that branch, which meant transferring from my home city. This, in addition to time, would have meant I needed to re-transfer back, something that is unnecessary. Having spoken to the instore staff today, they tell me I can just go into any branch and have my check-up there without having to transfer any files (I assume this is all held centrally and electronically anyway), and they agreed I should have been easily able to get a lens check in my second city.

At the time, I thought it was a bit of a silly policy, but didn't question it further as this was what the store manager of that branch told me. Having since looked back at the T&C today, it does indeed state that they will provide me a free lens check up at any branch.

browneyedbazzi · 30 August 2013 at 7:38PM

frugal_mike wrote: »

Well it will all depends on what 'transferring your records' entails. Did it mean starting a whole new contract at the new branch, or just that they needed your records to provide the service properly?

If they were saying you needed a new contract then they would appear to be in breach of the clause that you could get the checkup at any branch. However if they just wanted your records to provide proper medical treatment then probably not.

Could you have transferred to that shop temporarily, and then transferred back to your usual one?

OP - which opticians is it? Some have slightly different set ups to others (ie specsavers branches are franchises and patient records are stored at branch level rather than on a big central database but other providers will be set up differently) so knowing may help provide accurate advice.