Issues with covid test from NWP (Nationwide Pathology) - faulty packaging and won't refund

damo101

Hi,
I ordered a 2nd day test (turns out i didn't need it as I was coming from Ireland). It arrived but the swab wasn't sealed so wasn't sterile. It was due to a manufacturing defect and instead of it being sealed at both ends there's one big seal near one end only. I don't fancy jamming something that isn't sterile up my nose and into the back of my throat!

They're refusing to provide a refund as their policy is "no refunds" and have offered a replacement test. Are these tests exempt from the Sale of Goods act or should I be taking a different approach to get a refund?

Thanks!
Damo

onashoestring

You can report issues with faulty COVID test kits to : The Medicines and Healthcare products Regulatory Agency (MHRA) via the coronavirus yellow card link here 

https://coronavirus-yellowcard.mhra.gov.uk/

I would suggest you take photos of the kit , showing that the seal is missing and report it to MHRA and then advise the test provider that :
*Kit was not sterile , missing seal ;
*provide evidence ( photos )
 *notify them that you have reported the fault to MHRA and then ask for a refund.

You could also point out that the replacement kit they are offering is too late for you to take a Day 2 test which is why you are requesting a refund . 

Please report back to this forum to let us know how you got on .

silvercar

Easiest solution would be to use the swab from the free NHS tests you can order online or pick up at local centres or pharmacies.

damo101

onashoestring said:

You can report issues with faulty COVID test kits to : The Medicines and Healthcare products Regulatory Agency (MHRA) via the coronavirus yellow card link here 

https://coronavirus-yellowcard.mhra.gov.uk/

I would suggest you take photos of the kit , showing that the seal is missing and report it to MHRA and then advise the test provider that :
*Kit was not sterile , missing seal ;
*provide evidence ( photos )
 *notify them that you have reported the fault to MHRA and then ask for a refund.

You could also point out that the replacement kit they are offering is too late for you to take a Day 2 test which is why you are requesting a refund . 

Please report back to this forum to let us know how you got on .

Thanks, I have reported it. I’ve also asked nwp to explicitly confirm their no refunds policy isn’t in contradiction to the sale of goods act. 

Will keep the thread updated as I go

onashoestring

The Sale of Goods Act 1979 has now been replaced by the Consumer Rights Act 2015.