Specavers hearing aids - Is this anti-competitive behaviour? 15 December 2022 at 4:44PM in Consumer rights 13 replies 869 views

daveystocker

OK. I've been very happy with Specsavers for many years. but after my mother died I'm not so sure. Despite her poor hearing, my mother never took to the expensive (£1300) hearing aids we purchased from Specsavers. After her death I asked Specsavers if they could re-program the hearing aids so that I could get some value back from the almost-pristine devices. I was surprised that they refused to do so. I believe that this constitutes anti-competitive behaviour in that it appears to be Specsavers intention to prevent a second-hand market arising in the field of these expensive devices. This might be in breach of the Consumer Rights Act. How many things can you buy for £1300 that are in pristine condition but have absolutely no re-sale value? This may be endemic in the audiology industry, however, but it surely it isn't right.

eskbanker

What CRA obligations are you thinking of, i.e. what do you believe requires a merchant to make later discretionary adjustments to items they've sold previously?

Aylesbury_Duck

daveystocker said:

OK. I've been very happy with Specsavers for many years. but after my mother died I'm not so sure. Despite her poor hearing, my mother never took to the expensive (£1300) hearing aids we purchased from Specsavers. After her death I asked Specsavers if they could re-program the hearing aids so that I could get some value back from the almost-pristine devices. I was surprised that they refused to do so. I believe that this constitutes anti-competitive behaviour in that it appears to be Specsavers intention to prevent a second-hand market arising in the field of these expensive devices. This might be in breach of the Consumer Rights Act. How many things can you buy for £1300 that are in pristine condition but have absolutely no re-sale value? This may be endemic in the audiology industry, however, but it surely it isn't right.

I can't see that it's in breach of the CRA.  Where is the commitment that the hearing aids can be re-programmed for another user on request?

user1977

No, there's no legal obligation on a retailer to make later adjustments to a customised device. Can the work be done by somebody else?

MalMonroe

daveystocker said:

OK. I've been very happy with Specsavers for many years. but after my mother died I'm not so sure. Despite her poor hearing, my mother never took to the expensive (£1300) hearing aids we purchased from Specsavers. After her death I asked Specsavers if they could re-program the hearing aids so that I could get some value back from the almost-pristine devices. I was surprised that they refused to do so. I believe that this constitutes anti-competitive behaviour in that it appears to be Specsavers intention to prevent a second-hand market arising in the field of these expensive devices. This might be in breach of the Consumer Rights Act. How many things can you buy for £1300 that are in pristine condition but have absolutely no re-sale value? This may be endemic in the audiology industry, however, but it surely it isn't right.

Hi, can't you get hearing aids on the NHS? If your hearing is not what you think it should be you can be referred for hearing tests by your GP. Hearing aids then suited to your own hearing needs would be made for you, free of charge.

See info in this link - https://www.nhs.uk/conditions/hearing-aids-and-implants/#:~:text=The benefits of getting a,follow-up appointments or aftercare

I know Specsavers do hearing tests and I actually agree 100% with their practice of not manipulating personal hearing aids that have been made specifically for one person to use. I don't agree that it constitutes any bad practice at all, nor is it a contravention of any Consumer Rights Act. Second hand hearing aids are not something to be encouraged, as far as I'm concerned.

I'd see my GP and then take it from there. 

MalMonroe

user1977 said:

No, there's no legal obligation on a retailer to make later adjustments to a customised device. Can the work be done by somebody else?

Hopefully not. Certainly not any professional worth their salt.

daveystocker

user1977 said:

No, there's no legal obligation on a retailer to make later adjustments to a customised device. Can the work be done by somebody else?

seemingly not. spoke with an independent audiologist yesterday

daveystocker

What CRA obligations are you thinking of, i.e. what do you believe requires a merchant to make later discretionary adjustments to items they've sold previously?

A cynical attempt to build in obsolescence to prevent a second hand market. Compared to a hearing aid a mobile phone is an incredibly sophisticated device but it can be given a factory re-set and passed on to AN Other.

user1977

daveystocker said:

What CRA obligations are you thinking of, i.e. what do you believe requires a merchant to make later discretionary adjustments to items they've sold previously?

A cynical attempt to build in obsolescence to prevent a second hand market.

And where in law do you think that is prohibited?

Alderbank

daveystocker said:

This might be in breach of the Consumer Rights Act. How many things can you buy for £1300 that are in pristine condition but have absolutely no re-sale value? 

Lots of things in the medical prosthetics field, as those made-to-measure hearing aids are.

For £1,850 John Pacey-Lowrie Ltd. will make you a glass eye (ocular prosthesis) to the exact shape of your socket, but I bet it would not get many bidders on eBay.

What about false teeth? You might be able to get your deceased grandmother's hardly worn dentures re-fitted to your gums but the second-hand value must be very small.

eskbanker

daveystocker said:

What CRA obligations are you thinking of, i.e. what do you believe requires a merchant to make later discretionary adjustments to items they've sold previously?

A cynical attempt to build in obsolescence to prevent a second hand market. Compared to a hearing aid a mobile phone is an incredibly sophisticated device but it can be given a factory re-set and passed on to AN Other.

But that didn't actually answer the question I was asking, it just reiterated how miffed you are, rather than addressing the consumer rights angle that this board is about....