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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Good morning, please can you help me decide if I should pursue

Resolved Question:

Good morning, please can you help me decide if I should pursue my claim against a well know high street optician. I have been a customer for the past four years and in my pursuit for acceptable vision correction, I have been recommended varifocal glasses. I have never been entirely satisfied with the prescription from the outset but the explanation has always been 'there's a period of adjustment and it's different for everyone'. I understand this. I have repeatedly returned with complaints that the lenses hurt my eyes and had various frame adjustments, new frames, further eye tests and spent extra money on upgrading to a 'better' lens all amounting to in excess of £2000.In addition, I have tried other opticians and have had the same result and spent more money. The problem has been compounded (I feel) because the other opticians have been using the prescription provided by the original optician due to the fact that I was within the recommended two year time frame for prescription renewal.
I have been suffering a great deal with eye pain, headaches, fatigue and depression due to the fact that I am not enjoying my life having to constantly deal with the problems associated with my glasses. I have not been able to peruse many of my leisure activities and hobbies such as sewing and reading and I dread having to read any work related articles for study related to my work as a nurse. I have even had to more from my last position because it involved reading patient notes and looking at a computer screen for much of the day and I found this exhausting and painful.
I have been very distressed about the future of my eyes and have recently considered intra occular lens replacement surgery so I would not have to wear glasses. This is a very expensive procedure and comes with serious potential risks and the outcome is not guaranteed. As a last resort, I decided to try an independent optician and he spent a long time examining my eyes, much longer than the 20 minutes that is allowed for the high street optician customer, and noted that I have double vision in certain circumstances because my eye muscles to do not work exactly together. This means that in effect, my eyes are constantly trying to adjust to focus through an unsuitable lens and I needed an addition known as a prism in one side to help my eyes feel comfortable. He also noted that the glasses I had been given in the past had not been correctly measured as my IPD (intra pupilliary distances) were different from that in the glasses and indeed, one eye even looked slightly higher than the other. He took a full history and as I have two members of my immediate family (my daughter and granddaughter) who both have strabismus (squints) he suggested that this was probably genetic and I seemed to have the same problem but so mild it has not been detectable until I needed vision correction.
My complaint is that inspite of repeatedly returning to say that the glasses were hurting me, I have not been given a satisfactory service. The optician did not find the problem and I had always felt slightly rushed during an eye test and have felt that I have had to accept the corrections even if I have found it difficult to give a straight 'yes' or 'no' answer when asked if the adjustments were helping. At my last test, I developed double vision and the optician became very impatient when she could not correct the problem by making adjustment with her phoropter machine and claimed that this was due to a 'calibration issue' she then continued the test with the traditional plastic glasses with the removable lenses. The eye test continued but I wasn't entirely satisfied with the outcome. I was extremely tired and when she said that my prescription had not changed, I accepted this and thought it was my tiredness that was the issue.
The 'double vision' symptoms manifested themselves once again half way through the eye test I had with the independent optician and it was at this point he began to ask me about my family history and after trying the prism lenses, he managed to correct the problem making my vision corrected and comfortable. I was very relieved.
At no point did any of the staff at the high street optician try an prism correction or refer me for further tests when I repeatedly visited complaining that my glasses were hurting me and I couldn't see comfortably.
I would very much value your opinion about my problem. I have contacted the high street optician and raised my concerns and I have agreed to try the glasses that I have ordered via the independent optician first to see if they have made a difference. I have agreed to contact them once more if I still dissatisfied.
Thank you.
Kind regards, ***** *****
Submitted: 10 months ago.
Category: Law
Expert:  Jenny replied 10 months ago.
Hello Sarah my name is ***** ***** I am happy to help you today. Are you saying that you believe they have caused you a personal injury (made you sight worse) or that they have provided an inadequate service?
Customer: replied 10 months ago.
Hi Jenny, I believe that they have not given me an adequate service and that I have unnecessarily spent more money than I needed to had I had the right corrective lens prescribed. I believe this has also caused me distress due to pain, fatigue and ultimately depression due to my struggling with my glasses.
Expert:  Jenny replied 10 months ago.
Hi there is no reason why you cannot bring a claim under the Consumer Contracts Act (if the Glasses and service was provided after October 2015) or if before that it would be the Supply of Goods and Services Act which applies. You are entitled to a refund for the money you have spent and potentially also for consequential losses if these can be quantified in financial terms. You can send a letter before action asking for a refund of the money you have spent with them and say that if it is not forthcoming you will bring a claim. You should give them 14 days to respond. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 10 months ago.
Hello Sarah is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks Jenny, I can't think of any thing else. Your reply was very interesting and useful.Regards, Sarah

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