Re payments of treatment that didn't work and now company in administration

Bwendy

In a similar situation myself, although my left eye is fine now and the right was possibly going to be retreated once my prescription became more stable. Surgery done at Ultralase 17 months ago. I DID ask what would happen if the company folded and was TOLD that it would be covered by insurance, but of course, I didn't ask to see any proof of that nor was it offered. Optimax who have taken over Ultralase have reopened it as a "new company" called Ultralase Eye Clinics Ltd... They are all refusing to honour the Ultralase Ltd "Lifetime Care Guarantee". The only step forward I got was I was offered a free first aftercare visit - though subsequent ones will cost £25 and if I need further treatment it would be £195 per eye... This doesn't seem too bad I suppose now thinking about it because they could flatly refuse to do it for anything other than the original sort of costs (2k per eye in my case). I would send an email to Russell Ambrose (head of Optimax) and complain and see where you get. Good luck

2KittyKats

I've been going to Optimax regarding issues following my Ultralase treatment since June this year (I expected glasses for close up, looking like I'm going to need specs for distance again). My eyesight isn't stable so they hadn't been able to refer me for retreatment as yet. I got the letter today about administration. I'm really cross about the "new company" Ultralase Eye Clinics Ltd - it feels somewhat cynical. I note that the Ultralase website has been updated with their new company details but are still trading on the original company's reputation - "Ultralase is the UK’s longest established laser eye surgery company" and "Most Experienced:
With more than 20 years experience, Ultralase offers greater expertise than any other laser provider" - all on the HOME page. Is that actually legal?

bigadaj

2KittyKats wrote: »

I've been going to Optimax regarding issues following my Ultralase treatment since June this year (I expected glasses for close up, looking like I'm going to need specs for distance again). My eyesight isn't stable so they hadn't been able to refer me for retreatment as yet. I got the letter today about administration. I'm really cross about the "new company" Ultralase Eye Clinics Ltd - it feels somewhat cynical. I note that the Ultralase website has been updated with their new company details but are still trading on the original company's reputation - "Ultralase is the UK’s longest established laser eye surgery company" and "Most Experienced:
With more than 20 years experience, Ultralase offers greater expertise than any other laser provider" - all on the HOME page. Is that actually legal?

You can complain about this council trading standards might be an option or if they are a member of a trade body. Probably won't do much good but they might be forced to amend this as they're obviously not trading as the same company and so can't legitimately claim the length of time that this firm has been in operation.

opinions4u

1) Keep paying the loan.

2) Check the agreement. If it states that it's a conditional loan agreement paid to Ultralase for the eye treatment then you may have a S75 case against the lender.

(It's a shame the OP hasn't been back. I think we've failed her with poor advice here)

Tixy

opinions4u wrote: »

1) Keep paying the loan.

2) Check the agreement. If it states that it's a conditional loan agreement paid to Ultralase for the eye treatment then you may have a S75 case against the lender.

(It's a shame the OP hasn't been back. I think we've failed her with poor advice here)

I agree. It is quite possible that the loan agreement isn't entirely separate from the treatment.
Definitely worth checking the agreement in detail to see if you may have a case to make a s75 claim.

Clive_Woody

Tixy wrote: »

I agree. It is quite possible that the loan agreement isn't entirely separate from the treatment.
Definitely worth checking the agreement in detail to see if you may have a case to make a s75 claim.

I also had eye surgery with Ultralase and I paid in full by credit card (to get the cashback of course). I have similar concerns about the loss of the lifetime guarantee and I am curious about the Section 75 claim. Would the clock start ticking on this from the date of payment, the date of surgery or are there different rules?

Tixy

Clive_Woody wrote: »

I also had eye surgery with Ultralase and I paid in full by credit card (to get the cashback of course). I have similar concerns about the loss of the lifetime guarantee and I am curious about the Section 75 claim. Would the clock start ticking on this from the date of payment, the date of surgery or are there different rules?

Good question. I don't know the answer.
Its an odd one with the lifetime guarantee. If you had already raised concerns/booked in for a second/corrective surgery before they went in to administration I would imagine you'd have a fair chance of making a claim dated from the date they went in to administration and so were going to be unable to fulfil.

If you haven't got anything booked and its the loss of the lifetime guarantee whilst it should work in the same way the problem would be that you may not know you are going to need to use that lifetime guarantee for several years.

Did the lifetime guarantee have any conditions attached to it (e.g. annual checkups or anything)?

I can imagine the credit card issuer not being very forthcoming and so would likely end up being referred to the FOS for them to decide on when someone tries to make a claim/complaint.

Clive_Woody

Tixy wrote: »

Good question. I don't know the answer.
Its an odd one with the lifetime guarantee. If you had already raised concerns/booked in for a second/corrective surgery before they went in to administration I would imagine you'd have a fair chance of making a claim dated from the date they went in to administration and so were going to be unable to fulfil.

If you haven't got anything booked and its the loss of the lifetime guarantee whilst it should work in the same way the problem would be that you may not know you are going to need to use that lifetime guarantee for several years.

Did the lifetime guarantee have any conditions attached to it (e.g. annual checkups or anything)?

I can imagine the credit card issuer not being very forthcoming and so would likely end up being referred to the FOS for them to decide on when someone tries to make a claim/complaint.

Thanks, I have contacted Optimax (who took over Ultralase) and Russell Ambrose the owner has confirmed that he will not be honouring the lifetime guarantee offered by Ultralase. He will charge for all future consultations and treatments.

A previous statement by Ambrose claimed that in cities where Ultralase clinics have closed patients will receive treatment in Optimax clinics and that patients from Ultralase will be treated no differently to those from Optimax. It seems that this was a lie. He tried deleting the statement but Google cache still has it.

"Both Optimax and Ultralase are now in my family’s ownership and there is no difference in the way any customer is treated. In cities where Ultralase has closed, patients will receive their aftercare and retreatments in a local Optimax clinic."

http://webcache.googleusercontent.com/search?q=cache:http://www.optimax.co.uk/inside_optimax/ultralasestatement.aspx

JuicyJesus

opinions4u wrote: »

1) Keep paying the loan.

2) Check the agreement. If it states that it's a conditional loan agreement paid to Ultralase for the eye treatment then you may have a S75 case against the lender.

(It's a shame the OP hasn't been back. I think we've failed her with poor advice here)

Entirely agreed. I was screaming "section bloody 75!!!" to myself as I read this thread...