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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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I agreed to have private eye lens replacement through Optical

Customer Question

I agreed to have private eye lens replacement through Optical Express. The initial examination was locally in Stoke on Trent on 6th.Feb. 2014. I was asked to pay a deposit of £500.00 at the time, but declined to do it until I had talked to my wife. I did pay the deposite later the same day over the phone. I have since been less than impressed by there systems and ''getting things right'' as far as information in emails, more especially I was informed by letter yesterday 12th Feb. that full payment for the eye surgery would have to be made in ADVANCE, this was not pointed out to me in the initial consultation.
I have also since found out that there are several types of lenses that can be fitted, each with there own advantages etc. This was not pointed out either. In view of this I do not have confidence. Can I claim my deposit back. Regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you agree a cooling off period please?
Customer: replied 3 years ago.

No cooling off period was mentioned.

Expert:  Jo C. replied 3 years ago.
Thanks.

Have they done any work or suffered any loss?
Customer: replied 3 years ago.

Other than the free initial consultation, only 2 letters, the 1st one yesterday when it was pointed out that the remaining fee( £3500.00 or so) was required before any actual surgery was carried out.The 2nd letter received today in which is the first mention of different lens types, plus other information about the times of arrival, blurred vision for a time afterwards etc. An email I received this morning said'' they hoped I was delighted with my eye treatment and to be sure I rested them,and I they were looking forward to seeing me tomorrow, Sunday 23 Feb'' referring to work YET to be done next Saturday. Colin Mason

Expert:  Jo C. replied 3 years ago.
Thanks.

I am having a few connection problems at the moment. Please bear with me and I will respond as soon as possible. Thanks for your patience.
Expert:  Jo C. replied 3 years ago.
Thanks.

And they have only seen you once?
Customer: replied 3 years ago.

Yes

Expert:  Jo C. replied 3 years ago.
Thank you.

From what you say, you did enter into a contract with them and you do not seem to have had grounds to cancel so you were in breach.

However, they can only claim for the sum of their loss and they are under a duty to mitigate their loss. Given that they have done no work here there is no justification for keeping your deposit. They may get a small amount to cover their admin costs but no more than that.

That said, if they refuse to pay you then your only option is to sue. You can do so here

www.moneyclaim.gov.uk

but send them a letter before action first saying that you will sue if they do not pay within 28 days.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for that Jo, very helpful.


Regards XXXXX XXXXX

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/