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Optical Express Bluewater severe malpractice.

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  • Numpty86
    Numpty86 Posts: 14 Forumite
    Try being me, I've basically been fed a pack of lies and am now out of pocket by £395. the decision you have to make is if you think I'm lying, or they lied to me. All I wanted was to speak about other finance options with the person that sold it to me. That all escalated to being accused of things that are untrue by their customer services, to finding out that I only had 3 days to cancel and they weren't going to give me back my full deposit. I can be accused of being hot headed, but not of being a Liar, I have nothing to gain out of this. I want the surgery done to correct my vision, otherwise I would never have gone there.
  • Numpty86
    Numpty86 Posts: 14 Forumite
    wealdroam wrote: »
    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.

    I have taken things back, things that I brought, remained un opened and in a resalable condition that I changed my mind about. But this isn't about that, this is about the fact that they lied to me about the cooling off period (which btw customer services told me changed from 7 days to 3 day in March) and signed me up for a credit agreement without my consent.
  • Numpty86
    Numpty86 Posts: 14 Forumite
    hollydays wrote: »
    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.

    I never expected this to be a problem, just imagine you did this for everything you ever buy, you house would be a mess of notes that 99% of the time you will never need.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 June 2015 at 9:35PM
    Numpty86 wrote: »
    Try being me, I've basically been fed a pack of lies and am now out of pocket by £395. the decision you have to make is if you think I'm lying, or they lied to me. All I wanted was to speak about other finance options with the person that sold it to me. That all escalated to being accused of things that are untrue by their customer services, to finding out that I only had 3 days to cancel and they weren't going to give me back my full deposit. I can be accused of being hot headed, but not of being a Liar, I have nothing to gain out of this. I want the surgery done to correct my vision, otherwise I would never have gone there.

    I hear what you are saying but why agree to this contract if you were not serious about it?

    Remember all their phone calls will be recorded.
    To reiterate-if they had phone problems -speak to the manager. I don't think they can hold you to this, from what you are saying but I'm mindful of the legal aspect raised by Wealdrome.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Numpty86 wrote: »
    I never expected this to be a problem, just imagine you did this for everything you ever buy, you house would be a mess of notes that 99% of the time you will never need.
    Not reading the terms and conditions is never a legal defence, unless the terms are illegal.
    That's your solicitors job when buying a house..
  • Numpty86
    Numpty86 Posts: 14 Forumite
    I was serious about this, I really want it done, I can't see properly without glasses and it will make work and life much better. But it is also a big out lay and I just wanted to discuss options, until I spoke to their customer services. I'm not trying to pass the blame here, but I was never given any T&C's to read. I thought the credit agreement would be finalised when I had the surgery because she didn't tell me any of the info that I have been told before when I took out credit. I'm asking about the legal aspects because the only thing in my favour when you take into account my negligence over the T&C's is that I did not E sign any credit agreement. So even if they have me bang to rights would this not mean I have a case to get my money back, or sort this damn mess out?
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    You may very well have to lose a sum of money as they did presumably undertake preliminary testing at your consultation. This is entirely standard with private medical treatment - you pay for a consultation, receive recommendations for treatment and then decide whether you are happy to proceed. The difference with this particular treatment appears to be that the consultation is not with the surgeon who would actually perform the corrective eye surgery, something which would be a red flag to me.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You do have 14 days to cancel the credit agreement.

    That does not mean you have 14 days to cancel the agreement you made with Optical Express.

    If you cancel the credit agreement, then you will have to find another way to pay the money that you owe to OE.

    If Optical Express state that you have three days to cancel your agreement with them, then that is in addition to your statutory rights... i.e. it is an enhanced 'returns policy' I mentioned earlier.

    Read your agreement again to check whether it allows you to cancel within seven days or three days. You would be unwise to rely on what the customer services rep said.
  • Numpty86
    Numpty86 Posts: 14 Forumite
    I agree with what your saying, I do understand that. It was supposed to be a free consultation, but I do have a piece of paper with the costs on it, which says the consultation would be £30 which was discounted off. I can also see why this would ring alarm bells that I saw 2 different people and it was a 3rd person doing the procedure. I just thought this was how it worked, my brother in law had it done years ago with OE in Southampton, he had no problems, still doesn't and that's why I went with them and accepted those facts. I am no expert which is why I asked for help, they're supposed to be the ones I could trust with my eyes, but it seems they are not to forthcoming with their company practises.
  • Numpty86
    Numpty86 Posts: 14 Forumite
    wealdroam wrote: »
    You do have 14 days to cancel the credit agreement.

    That does not mean you have 14 days to cancel the agreement you made with Optical Express.

    If you cancel the credit agreement, then you will have to find another way to pay the money that you owe to OE.

    If Optical Express state that you have three days to cancel your agreement with them, then that is in addition to your statutory rights... i.e. it is an enhanced 'returns policy' I mentioned earlier.

    Read your agreement again to check whether it allows you to cancel within seven days or three days. You would be unwise to rely on what the customer services rep said.
    Ok that makes sense, but I have no paperwork with any terms and conditions. She gave me a pack to bring along when I have the procedure but it just has a credit agreement, which she signed for, some info on what to expect on the day, and a questionnaire, which upon reading should have been filled out in the consultation as well, not the procedure day.
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