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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Legal action against opticians glasse not suitable

Customer Question

Legal action against opticians for supplying glasse not suitable for purpose
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

What would you like to know about this please?

Customer: replied 7 months ago.
The glasses that were supplied were no good, they agreed to have another eye test but they say that they found a cyst under the eye lide, I went to the doctors and she advised me to have a 2nd opinioin (The Dr made an appointment August 2016) the second opinion said that the prescription was incorrect and fitted me with a new pair that are perfect, I returned to the optician 15 times to staff and 10 times to the manager and travelled 14 miles there 14 miles back, The new glasses that are have been made are perfect I had to pay the full price because was unable to claim the money normally paid because they had alreadt claimed it. I paid £450 but that included a cheap set of frames and reading lenses. I claim pension credits so the only way I could pay the £450 was to charge it to my credit card, I agree that the first opticians only supplies one set I asked them to pay just £350 towards the glasses and travel expenses These glasses were very dangerous I was going to London and after about 20 miles they got worse and then I had double vision which, did frightened me and I sopped and my wife drove me home Now they are refusing to give me the name oif the person that carried out the eye test it could be that he is not fully qualified
Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will help you with this,

How much are you out of pocket by please?
Alex

Customer: replied 7 months ago.
Why have I got to pay £38 when I have already paid £47 that I understood was for Jo C. Baraister to advise me, my initail statement was a brief not the details. This has continued for 8 months with both the staff and the Manager making the same excuse that they needed adjustment, I returned to there office 15 times and spoke to the staff and 10 times to speak with the manager. They then agreed to a new eye test with senior member but she stpped immediatley saying I had a cyst under my left eye lid and said I needed eye wash, that I paid £20 for but it had no effect, they suggested I see the doctors and when I told the doctor my problems I was advised consult a professional, which I did the Dr Checked the previous glasses and tested my eyes, saying that they are the wrong prescription and set up a test pair inviting me to look out of the window, not only could I easily read a number plate 25 yds - 50 yds I could read the "Resricted parking sign 30 yds away I could read the writing clearly. I had not driven for some 2 months because the last time I drove was to London from Enstone 20 miles I could see vehicle double it was very frightening I pulled off the motorway and my wife drove home. I was very angry the manager offered to make up a tempary set of glasses to drive with, they were better but the Doctor said, they were a copy from the pair that they made 5 years previously and obviously were incorrect. Offered to accept £350 without prejudice as I beleive those glasses damaged my eyes, they offered £100 saying that I should have taken the proscription that the 2nd opinion gave me and they would have made them up, I paid the 2nd opinion the full price of £450 because they had already collected the money the NHS pay to people of our age and tax credits and the NHS will not pay twice. I could not actually afford the £450 and charged it to my credit card believing that they would refund but they would not
Expert:  Ash replied 7 months ago.

Jo opted out so I have taken over the chat.

What is it you want to achieve, a refund?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 7 months ago.
As I have not received any advice from Jo C the Barister. The £47 should be returned. I accept that you require £38 which, I'm ready to pay. I have one important matter that I will want you to consider
Customer: replied 7 months ago.
I would like to discuss this on the phone *********** I am at home until 11 am on Tiesday 14th ***** *****
Expert:  Ash replied 7 months ago.

Ok, when do you want me to call.

Customer: replied 7 months ago.
Tuesday -14th in the morning 10 am will be the best time
Expert:  Ash replied 7 months ago.

Calling now. Alex

Customer: replied 7 months ago.
Alex, I have commenced the advise and sent a letter, There is another that in my opinion could be criminal and I did not beleive that I should mention it in the small claims. It relates to the original eye test carried out at 9.30 am on the 9th July 2015, my wife and I went together as we always do. My eye test was carried out by a young man in is 20s foreigne, Indial, Pakistan or Midle East . When I asked for the GOS 2 Patient's optical prescription there was some delay, they then gave one to mt in my name with the prescription prepaired for but in the performers signiture and the performers name and address is Kathy Gabbatiss I have served two documents saying this without reply. I now believe that this person in not qualified and is the reason for refusing a reply. i don't know what I should do now
Expert:  Ash replied 7 months ago.

You would then take it to Court. Alex

Customer: replied 7 months ago.
I did not believe the above matter is suitable for a small claims court? As this person is unlikely to have the compedence to deal with such matters? Moreover it is not part of the claim iI may have to present?
Expert:  Ash replied 7 months ago.

Yes it is. If its £10,000 or below its a small claim. The Court wont be interested whether they are qualified or not - the Professional Body for opticians will be only concerned about that. Alex

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