Private tests (day 2, 5 & 8) didn’t arrive in time, company won’t give refund

Maddie58

I ordered the mandatory day 2 and 8 tests due to travelling to an amber listed country, plus I ordered an extra “test to release” test for day 5 in order to leave quarantine early. I used a company from the government approved list (Rightangled). I have since read terrible reviews about them, I’m on day 6 of quarantine and still no tests have arrived. The test and trace people phone me every day to check if I’m quarantining and if I’ve done my tests - they even sent me replacement tests for day 2 and 8 when they heard no tests arrived. My question is whether I am entitled to a refund from the company (whether
or not the tests arrive eventually, if they do we won’t use them and return them). The company has contradicting terms and conditions, they’re refer to the “14 day cool off period” but then say it doesn’t apply to covid tests. My point is that they didn’t deliver the product I paid for (£350!!). Help much appreciated! I have complained to the company several times but they’re not replying anymore. 

Edi81

Did you pay by credit card? 

If so, I’d be instigating a s75 claim or perhaps a chargeback if debit card. 

Maddie58

That’s a thought thanks, will do if they won’t help. Just wondering what my rights are in terms of a refund as they claim they don’t need to refund me. 

onashoestring

https://uk.trustpilot.com/review/www.rightangled.co Lots of bad reviews for this company

CKhalvashi

Personalised and registered testing kits in OP's name may mean that there is no legal right to a refund. That will, of course, not negate any liability to refund for their non-arrival, however a reasonable time for delivery for chargeback/S75 is usually considered 28 days. This may prove a problem in OP's case.

On the legal point of view for testing, OP may not leave isolation until they have both their day 2 and day 8 test results as negative (although day 5 TTR would come into play in this case). I would advise them urgently taking steps to resolve the situation with the official Test and Trace team, as the isolation period will be extended indefinitely if they don't do this. A proactive step should also be taken to reduce the risk of prosecution for issues which are correctly outsid of their control.

michael1234

CKhalvashi said:

Personalised and registered testing kits in OP's name may mean that there is no legal right to a refund. That will, of course, not negate any liability to refund for their non-arrival, however a reasonable time for delivery for chargeback/S75 is usually considered 28 days. This may prove a problem in OP's case.

On the legal point of view for testing, OP may not leave isolation until they have both their day 2 and day 8 test results as negative (although day 5 TTR would come into play in this case). I would advise them urgently taking steps to resolve the situation with the official Test and Trace team, as the isolation period will be extended indefinitely if they don't do this. A proactive step should also be taken to reduce the risk of prosecution for issues which are correctly outsid of their control.

Indefinitely? I doubt that very much.
Also if a day 5 comes back as negative they may leave quarantine immediately. 

CKhalvashi

michael1234 said:

CKhalvashi said:

Personalised and registered testing kits in OP's name may mean that there is no legal right to a refund. That will, of course, not negate any liability to refund for their non-arrival, however a reasonable time for delivery for chargeback/S75 is usually considered 28 days. This may prove a problem in OP's case.

On the legal point of view for testing, OP may not leave isolation until they have both their day 2 and day 8 test results as negative (although day 5 TTR would come into play in this case). I would advise them urgently taking steps to resolve the situation with the official Test and Trace team, as the isolation period will be extended indefinitely if they don't do this. A proactive step should also be taken to reduce the risk of prosecution for issues which are correctly outsid of their control.

Indefinitely? I doubt that very much.
Also if a day 5 comes back as negative they may leave quarantine immediately. 

You must isolate in the case of TTR until the day 2 and day 5 tests have returned. Just posting the test back does not mean someone is free to leave isolation.

For those not opted into TTR, this is until the day 2 and day 8 tests are returned. In this case it's a minimum of 10 days, excluding the date of arrival.

https://www.gov.uk/guidance/how-to-quarantine-when-you-arrive-in-england

Marty06

Maddie58 said:

That’s a thought thanks, will do if they won’t help. Just wondering what my rights are in terms of a refund as they claim they don’t need to refund me. 

I think they do need to refund you and you are legally in the right. What your purchased from them was not just an item (like a pair of shoes) that didn't arrive in the delivery timeframe specified. In that case it is correct that you might have to wait a reasonable amount of time (e.g. 28 days) to allow for the item to be delivered. But of course, in such a scenario you do eventually get the item, and you can then use it to its full extent.

In contrast, in your scenario you bought a testing service which was promised by merchant to be in compliance with the Government's testing scheme. The timeframe of delivery was of essence to the product, and thus of essence to contract you made with them. If the test arrives late it hasn't really arrived at all since the physical item delivered your door is not in fact the whole product. The product you bought was a physical test that would then be sent back to the testing company and processed all within the Government's timeframe. They have not provided you with this product. That is why I believe you are legally entitled to a refund. It would be like the wedding photographer turning up a week after the wedding and promising to take some great photos.

 I would write to them again and tell them that if they refuse to refund you will (a) initiate a chargeback with your credit card company and (b) file a claims in the Small Claims Court and (c) notify the Care Quality Commission, who aret he regulator of health and social care services, and which RIghtangled trumpets on its websites that it has been approved by. https://www.cqc.org.uk/

Also,  I would also write you your MP and ask them to raise this issue with the relevant Government department as this company should not be approved if they are not actually providing the service.

In your letter to them, and to all other parties, I'd include the wording from their website which says :"Once you buy a Covid-19 test, we know that speed is important- that’s why we have a range of options to ensure that you get your results fast."

Marty06

CKhalvashi said:

Personalised and registered testing kits in OP's name may mean that there is no legal right to a refund. That will, of course, not negate any liability to refund for their non-arrival, however a reasonable time for delivery for chargeback/S75 is usually considered 28 days. This may prove a problem in OP's case.

But the OP did not just buy a physical testing kit. They bought a service -- a 2/5/8 day testing service of which the actual physical bit delivered to their door was only one component part. No one would buy a physical test to use 28 days later. The timeframe is of essence to the contract. I think a chargeback/S75 would be successful. The purchased service has not been provided by the merchant