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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70279
Experience:  Over 5 years in practice
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I bought some hearing aids in September 2012 which I have never

Customer Question

I bought some hearing aids in September 2012 which I have never got used to wearing as not only were they uncomfortable, they did not improve my hearing to the degree that I anticipated. They cost just over £3,000. I have since had another hearing test and it turns out that the type of hearing aids I was given were incorrect as they fit inside my ear and were trying to amplify the sounds there, when the problem is at the back of the ear and I should have been given aids that fitted over the back of my ear. Can I claim my money back under the Sale of Goods Act, as the first hearing aids were not fit for purpose
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.

When did you discover that they were the wrong type of hearing aids please?
Customer: replied 3 years ago.

I was never happy with them but I persevered because of the amount I had paid for them. I had someone call on me to adjust them a couple of times but they still felt uncomfortable and didn't give me the clarity I expected.

Customer: replied 3 years ago.

Last Monday when I went for a second hearing test at Boots.

Expert:  Jo C. replied 3 years ago.
Did they do a hearing test and diagnose these devices for you?
Customer: replied 3 years ago.

Yes I had a full hearing test and was told that my outer and middle ear were fine but I had problems with the auditory nerves which was best solved by an external device rather than one that fits into the ear, which was the kind I was given by the first company.

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

You could bring a claim on that basis. If you are saying that this was essentially a misdiagnosis then they did not act with reasonable care and skill as the SGA and the general law requires them to do.

As a result of that you suffered loss of £3k.

The hearing aids are just within the first six months of purchase anyway so the presumptions under the SGA are in your favour although you do seem to be saying that the issue is not that they are faulty but that they are the wrong ones for you. If so, you need to focus upon the misdiagnosis.

This is a small claims court sum so it will be cheap enough to sue. You can do so here

www.moneyclaim.gov.uk

but send them a letter before action first giving them 28 days to pay and making clear that in default you will sue.

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

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

Thank you for the positive rating and remember that I am always available to help with your questions. 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/