Paying for glasses with credit card, will sec 75 still apply ?

eskbanker

retiree said:

Marmaduke123 said:

What's the actual issue though? If the glasses aren't right, surely you go back to the opticians and they check the prescription and the glasses. Are they refusing to do this?

Yes.

And do you have anything to add regarding all the rest of the discussion in the thread, i.e. on what basis are you asserting an actionable breach of contract?  How were the arrangements documented in contractual and/or invoicing terms?  Prior to pursuing Nationwide, did you follow a defined complaint process via the optician and/or the General Optical Council?

https://www.opticalcomplaints.co.uk/

phillw

eskbanker said:
If there's one invoice and it simply refers to glasses, with no mention of the test, then there's no valid claim if it's alleged that the test was substandard, as it wasn't in the scope of the contract.

If you bought a made to measure suit and it didn't fit then would you expect section 75 cover?
For equal comparison, the cost of measuring is free.

eskbanker

phillw said:

eskbanker said:
If there's one invoice and it simply refers to glasses, with no mention of the test, then there's no valid claim if it's alleged that the test was substandard, as it wasn't in the scope of the contract.

If you bought a made to measure suit and it didn't fit then would you expect section 75 cover?
For equal comparison, the cost of measuring is free.

I don't believe that's a valid analogy - the measuring component of purchasing a made-to-measure suit is an integral part of the purchase (hence the name), but a standalone eye test, from which the deliverable is a standardised prescription that can be (and often is) taken elsewhere, is a separate entity in its own right, which is why it's charged independently for many.

phillw

eskbanker said:
I don't believe that's a valid analogy - the measuring component of purchasing a made-to-measure suit is an integral part of the purchase (hence the name), but a standalone eye test, from which the deliverable is a standardised prescription that can be (and often is) taken elsewhere, is a separate entity in its own right, which is why it's charged independently for many.

If you book an appointment at the opticians and during that visit you have an eye test, choose some glasses and then pay for everything then how is it not the same?

Nationwide's argument doesn't stack up with yours. They only said that because the eye test wasn't paid for on the card it wasn't covered, but if they were separate things then it would never be covered as the eye test doesn't cost £100.

eskbanker

phillw said:

eskbanker said:
I don't believe that's a valid analogy - the measuring component of purchasing a made-to-measure suit is an integral part of the purchase (hence the name), but a standalone eye test, from which the deliverable is a standardised prescription that can be (and often is) taken elsewhere, is a separate entity in its own right, which is why it's charged independently for many.

If you book an appointment at the opticians and during that visit you have an eye test, choose some glasses and then pay for everything then how is it not the same?

I'm not convinced there's any mileage in exploring the accuracy or otherwise of an arbitrary analogy and would instead suggest it makes more sense to stick to the matter at hand, so what 'pay for everything' actually means here is very much up for debate, according to how it's specified in contracts and invoices.  To me there are a number of scenarios, as outlined in an earlier post, but it didn't seem likely that any of them would give rise to a legitimate s75 claim for consequential loss from a flawed eye test - however, without further detail from OP about the specifics we're all just speculating and hypothesising.

phillw said:

Nationwide's argument doesn't stack up with yours. They only said that because the eye test wasn't paid for on the card it wasn't covered, but if they were separate things then it would never be covered as the eye test doesn't cost £100.

Yes, as mentioned in an earlier post, I agree that the way Nationwide chose to word their rejection wasn't helpful.

pbartlett

I think the S75 discussion has probably clouded the obvious issue in that the OP alleges that the optician gave them an incorrect prescription at the beginning

The remedy is obviously to follow the optician's complaints procedure, if necessary all the way to the regulator

How can I complain about an optician? (which.co.uk)

cannugec5

Deleted User said:

cannugec5 said:

In Scotland all eye tests are free, so referring only to OAPs is nonsensical.

They aren't free in Scotland, NHS Scotland pays for them as part of preventative medicine.

Most 'free' eye tests in England are loss leaders for the optician that then needs to recoup that loss in a sale.

Yes ok. Just as NHS Scotland pay for hip replacements as treatment and Flu vaccinations as preventative care. However to the consumer eye tests are free at the point of use. 

eddddy

Marmaduke123 said:
What's the actual issue though? If the glasses aren't right, surely you go back to the opticians and they check the prescription and the glasses. Are they refusing to do this?

retiree said:
Yes.

So leaving aside the s75 question, why are they refusing to do anything? What is the dispute centering on?

Presumably you believe that they carried out the test incorrectly and/or issued the wrong prescription. What is their response to that suggestion?  Have they carried out another eye test?

Have you since been to another optician to get another eye test and prescription to support your belief?  (And maybe got the other optician to check the glasses)  And have you shown the new prescription to the original optician?

(Even where a s75 claim is possible, you'd need to provide a reasonable amount of evidence of breach of contract - perhaps like the above.)

born_again

phillw said:

If you book an appointment at the opticians and during that visit you have an eye test, choose some glasses and then pay for everything then how is it not the same?

Nationwide's argument doesn't stack up with yours. They only said that because the eye test wasn't paid for on the card it wasn't covered, but if they were separate things then it would never be covered as the eye test doesn't cost £100.

There are 2 distinct parts to getting glasses.

Eye test, which can either be paid for or FREE. (as you say is never going to be over £100)
And dispensing (which is the frames & lenses)
Your invoice (or at least all mine have) show eye test as a separate entry. 
So if you have a free eye test & it is the prescription that is based as much on the information you give the optician as their input. So if they say you need (extreme example) glasses for short sight, but in reality you need glasses for long sight. There is nothing wrong with the frames & lenses, as they have been made as per the prescription.
So your breech of contract is on your eye test. Not on the dispensing side of things.

End of the day most opticians would sort this out, and not require any input from the card co.

pbartlett

I doubt that there is an.optician in the land who would refuse to recheck the prescription and dispensing in the event of problem