Vision Express broke my glasses!

[Deleted User]

I took my blue glasses into VE to have the lenses upgraded. Upon collection, I noticed that VE had slightly buckled the frames, but I had to keep them at that time so I could see. I did have a second pair, which were red, but again VE had sent them off to have the lenses changed. Whilst my second pair was with VE, I had issues with my first pair in that they were so uncomfortable, I could not wear them for very long. They were very wonky and buckled.
When I went to collect my second pair, the red ones, once the lenses had been  replaced, the optician (Andrew) took them out the case and noticed that there was only one lens in them. He actually asked me if I had the other lens on me! Then he noticed that the frame was actually broken. These frames were bought from France back in 2004 and were extremely expensive, being curved and unusual (and red).
A female optician (Charlotte) told me that because they had broken one frame, and buckled the other frame, I could chose two frames of my choice (bearing in mind that I had already paid out for both sets of lenses to be replaced). I chose two frames, costing around £194 each (my red pair bought in 2004 were at least £300 at that time). I was then informed that the two new frames would be sent off to be lensed. Of course, I was still wearing my blue wonky pair, as I would not be able to see.
This morning, I received a call from VE stating that one of the new frames had been sent off to have lenses put in. I rang the store and was spoken to rather rudely (by Andrew), that because I had walked away with my blue glasses, I was not entitled to another new pair. I had to explain to him that if I did not wear my blue pair (still wonky and uncomfortable) I would not be able to see to drive home, and not be able to see per se.
I rang VE customer services and the to-ing and fro-ing has been dreadful. I was unable to get a decision from anyone about what was going on. Charlotte had originally said I could have two frames of my choice (which I chose) and VE was now trying to claw back on this. Eventually I spoke with Lydia from Customer Services. 
She said that because my  blue pair cost £125 back in 2015 (which I bought from them), I could choose another pair costing the same amount. I tried to explain that £125 back in 2015 was not the same amount as it is today. She seemed incapable of understanding that argument and left me a voicemail saying she could do no more.  I have tried to get through to Lydia since, but because of all the remote working at VE head quarters, I cannot get through. My thoughts are now to ask for my £125 back , plus the cost of the lenses that I paid for (that are now in the blue glasses that are wonky, buckled and so delicate I'm unsure how long they will stay in one piece). Having rung VE store and spoken again to Andrew, he was only able to refund me for the lenses, as he was unable to find my original purchase of the frames, despite the fact that apparently Lydia could find the original purchase of the frames.
I'm wondering what my rights are in this case. I was informed I could have the two frames of my choice, then I was told I couldn't have one pair. At present, I have a refund for the lenses in my blue buckled frames, one new frame has been sent off to be lensed, and that will take two weeks, and a buckled pair of frames which are likely to break. Please anyone advise. Thank you.

Aylesbury_Duck

[Deleted User] said:

I took my blue glasses into VE to have the lenses upgraded. Upon collection, I noticed that VE had slightly buckled the frames, but I had to keep them at that time so I could see. I did have a second pair, which were red, but again VE had sent them off to have the lenses changed. Whilst my second pair was with VE, I had issues with my first pair in that they were so uncomfortable, I could not wear them for very long. They were very wonky and buckled.
When I went to collect my second pair, the red ones, once the lenses had been  replaced, the optician (Andrew) took them out the case and noticed that there was only one lens in them. He actually asked me if I had the other lens on me! Then he noticed that the frame was actually broken. These frames were bought from France back in 2004 and were extremely expensive, being curved and unusual (and red).
A female optician (Charlotte) told me that because they had broken one frame, and buckled the other frame, I could chose two frames of my choice (bearing in mind that I had already paid out for both sets of lenses to be replaced). I chose two frames, costing around £194 each (my red pair bought in 2004 were at least £300 at that time). I was then informed that the two new frames would be sent off to be lensed. Of course, I was still wearing my blue wonky pair, as I would not be able to see.
This morning, I received a call from VE stating that one of the new frames had been sent off to have lenses put in. I rang the store and was spoken to rather rudely (by Andrew), that because I had walked away with my blue glasses, I was not entitled to another new pair. I had to explain to him that if I did not wear my blue pair (still wonky and uncomfortable) I would not be able to see to drive home, and not be able to see per se.
I rang VE customer services and the to-ing and fro-ing has been dreadful. I was unable to get a decision from anyone about what was going on. Charlotte had originally said I could have two frames of my choice (which I chose) and VE was now trying to claw back on this. Eventually I spoke with Lydia from Customer Services. 
She said that because my  blue pair cost £125 back in 2015 (which I bought from them), I could choose another pair costing the same amount. I tried to explain that £125 back in 2015 was not the same amount as it is today. She seemed incapable of understanding that argument and left me a voicemail saying she could do no more.  I have tried to get through to Lydia since, but because of all the remote working at VE head quarters, I cannot get through. My thoughts are now to ask for my £125 back , plus the cost of the lenses that I paid for (that are now in the blue glasses that are wonky, buckled and so delicate I'm unsure how long they will stay in one piece). Having rung VE store and spoken again to Andrew, he was only able to refund me for the lenses, as he was unable to find my original purchase of the frames, despite the fact that apparently Lydia could find the original purchase of the frames.
I'm wondering what my rights are in this case. I was informed I could have the two frames of my choice, then I was told I couldn't have one pair. At present, I have a refund for the lenses in my blue buckled frames, one new frame has been sent off to be lensed, and that will take two weeks, and a buckled pair of frames which are likely to break. Please anyone advise. Thank you.

In summary, I agree that you're entitled to be put back in the position you were in before they damaged both pairs, which is two intact frames.  Where I think you're not completely correct is with your interpretation of cost and inflation and their effect on the remedy.  While it may be true that £125 back in 2015 is not worth £125 today, and that your red pair cost £300 19 years ago, you have had eight and 19 years' use from the pairs respectively.  To put you back in the same situation, VE are obliged to supply you with two pairs of glasses, one being eight years old, the other being 19 years old.  If they can't find the exact match, then it's reasonable for them to make what is in effect a contribution to the full price of suitable replacements.  You aren't entitled to a new-for-old replacement for each pair, because that would be betterment.

born_again

You may find that having new lenses fitted into your own frames is at your own risk.

So anything you get will be a bonus. Given they would be giving you new frame/s & new lenses. As odds on the lenses they made are no good. Unless new frames are a lot smaller.

tightauldgit

A lot of info there and I think you are right on some points and wrong on others. 

I think the nub of the matter though is that you made a complaint and were made a settlement offer (two new frames of your choice) which you accepted. Can you evidence that? Do you have a receipt or something showing the two frames you selected with 100% discount? If so then I think VE have to honour that, they can't retroactively go back and change it. 

If not then I think it gets a bit more murky.  You'd have to look at the terms on what liability VE have on the matter but at best they would have to legally compensate you for the value of the loss - which is not the purchase price of your two pair of glasses but the market value of two pairs of used glasses. Which may be close to zero in all honesty.

born_again

I love these comments
>She said that because my  blue pair cost £125 back in 2015 (which I bought from them), I could choose another pair costing the same amount. I tried to explain that £125 back in 2015 was not the same amount as it is today. (my red pair bought in 2004 were at least £300 at that time) <

So a 8 year old item & a 19 year old item. & they expect a inflation adjusted refund/replacement.. Fantastic offer to get the same amount after the time frame 🤣Which they will no doubt have taken OP word for.
All on a frame that will have cost well under a £1 to the retailer.

Both in reality are out of the perceived 6 year life window. 

I wonder if VE knew the age, they would have even touched them. 

sheramber

Why can you ot have the red ones replaced free, get them back and then hand in the blue ones to be replaced?

It is reasonable that they cannot give you a replacement without getting the original ones.

Keep_pedalling

Whenever I have had new lenses put in old frames the optician has always done so on the basis that any damage to the frames on the charge is at my risk because the integral strength of the frames determinate over time, and this is certainly going to be the case with nearly 20 year old frames however much they cost originally.