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This could indeed be a case of negligence, assuming that the original opticians provided a wrong prescriptions. This would be judged against what a reasonable optician with their knowledge and qualifications would have provided as a prescription. So really you would be looking at what a professional optician in their position would have decided your prescription needs are. If it is clear that they were way off that and a negligently incorrect prescription was given, which you relied on to go and make purchases, then you could potentially hold them responsible for your losses. They could try and argue that instead of paying they should offer you a replacement set of spectacles or lenses, which could be a reasonable offer in most circumstances so be aware of what you can expect from them. However, if they completely refuse to offer any amends you may consider taking this further to seek the monetary compensation from them.
This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow if they refuse to resolve this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.