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Optical Express Bluewater severe malpractice.

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Had a consultation on the 30th May for laser eye surgery at Bluewater. I spoke to them and agreed on the cost and she asked for my card details. Gave her my card and paid a £1000 deposit by chip and pin. When I booked it I was told I had 7 days to cancel it.

Tried for 4 days to contact the store to no avail. I checked my Documents today and realised that there was 2 electronic signatures on a direct debit agreement for finance. I did NOT click anything to agree with a DD payment. When I thought more about it I was also not informed of a credit check being run in/on my name and wasn't told about who the finance would be with or even given the brief on finance/credit checks that I have always had done before.

I lost my patience by then and I was worried about the 7 day cooling off period so I decided to cancel it if I couldn't speak to the salesperson today. I got through to customer services to make a complaint, they told me that they would call the store manager and get back to me. 90 mins passed and I got more worried so I called again. This time after a long discussion the Customer services lady told me that she would report me for making a fraudulent complaint because I just wanted to use my recent revelation about the electronic signature to get money off. I said no I'm fed up I want to cancel it. She then told me that she would process a £605 refund, I said that's not good enough I want my full £1000 deposit back. She then informed me that I only have 3 days to cancel not 7. She tried saying it was written down in some terms and conditions that I had on a green piece of paper I would have received at the time, which I do not have. She then said that I had signed on an electronic pad stating I read and understand them. I did sign on a pad but that was with the optometrist and she told me it was to agree I had watched a video on the pros and cons of surgery.

Now I don't know where I stand with anything and if I have lost my money or not. I'm disgusted with the level of service and also possibly out of pocket by £395 with no surgery either. What can I do, and what are my rights in this?

Thanks for any help

Aaron
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Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Here say is not going to help you, you need to find out what is was you signed in store as this is what count's unless you can prove otherwise.
  • Numpty86
    Numpty86 Posts: 14 Forumite
    How can I prove anything? I was in their hands and would expect them to give me all the information that I need. What about the fact the salesperson E-signed a finance agreement on my behalf?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Numpty86 wrote: »
    What about the fact the salesperson E-signed a finance agreement on my behalf?
    What about it? If they had asked you to sign, you would've done so.

    You willingly gave them enough information to set up a finance agreement with Direct Debit repayments.

    All that appears to have happened here is that you have changed your mind.

    Having said that, there seem to be a lot of people who have been upset by this company.

    Search this board and you will find a number of threads.
    Here is one of the longest:
  • Numpty86
    Numpty86 Posts: 14 Forumite
    Yes I would have, but I would have still signed it in the knowledge that I had 7 days to cancel it when I apparently didn't. I thought there was a standard cooling off period for everything? Surely it should be longer than 3 days, you have a universal 28 day return time on any goods that you buy don't you?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Numpty86 wrote: »
    Yes I would have, but I would have still signed it in the knowledge that I had 7 days to cancel it when I apparently didn't.
    Does your documentation show this seven day cancellation period?

    Numpty86 wrote: »
    I thought there was a standard cooling off period for everything?
    You thoughts are wrong.

    Numpty86 wrote: »
    Surely it should be longer than 3 days,
    Why?

    Numpty86 wrote: »
    you have a universal 28 day return time on any goods that you buy don't you?
    No, you certainly do not.
    All sales in a shop are considered final unless the store has decided to offer an enhanced returns policy.
    And before you ask... no they do not have to advise you that change of mind returns are not allowed.
  • Numpty86
    Numpty86 Posts: 14 Forumite
    My documentation that they provided doesn't state any cooling off period, be it 3 days or 7 days. 3 days is a very short amount of time to think, every other item I have brought with any credit agreement has had a 14 day cooling off period. They also advised me on the terms of the credit agreement, the company I was agreeing credit with, and they also made me sign it myself. If someone signs something on my behalf without my knowledge surely that is fraud? I've taken many items back to shops after changing my mind so that also can't be right.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    At what times of day and on what days did you try to ring them?
    If it had been me and they didn't answer the phone I would have contacted the management at bluewater
  • Numpty86
    Numpty86 Posts: 14 Forumite
    Weds-Friday I called numerous times in the afternoon, 4-9, got through twice was told they would call me back, they didn't, was then told I can only speak to the salesperson that I saw previously, and then Customer services told me this afternoon that they have been experiencing problems with their phone lines. They also sent e-mails to the salesperson. So it seems I've been given the run around like everyone else on here. As I said in my OP I was told they would contact the store manager, which I couldn't do because it is so hard to get through to the store, and then get back to me, which they didn't.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 June 2015 at 9:20PM
    Numpty86 wrote: »
    Weds-Friday I called numerous times in the afternoon, 4-9, got through twice was told they would call me back, they didn't, was then told I can only speak to the salesperson that I saw previously, and then Customer services told me this afternoon that they have been experiencing problems with their phone lines. They also sent e-mails to the salesperson. So it seems I've been given the run around like everyone else on here. As I said in my OP I was told they would contact the store manager, which I couldn't do because it is so hard to get through to the store, and then get back to me, which they didn't.

    This is way more complicated than is believable.
    You ring, you insist on speaking to,the manager.
    The manager is busy? You request a time to call the manager when she isn't busy.
    You take names of who you speak to.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Numpty86 wrote: »
    I've taken many items back to shops after changing my mind so that also can't be right.
    Well, believe me, you have no right to return goods unless they are faulty or the shop has a more advantageous returns policy.

    For example, Argos allows returns for up to 30 days after sale for most things... M&S allows up to 35 days... B&Q allow 45 days I think.

    Things are different for online sales.
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