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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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Im in dispute with optical express I was tested to see if

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I'm in dispute with optical express I was tested to see if I could have lazer treatment at my local branch yes no problem. They said haggled a bit cost £3000 paid it on debit card there and then ,it will be done in 9 days time but you have to go to a branch that does it, nearest 50miles away take someone to drive you took a week of work drove out there they said a couple more test and it will take about 15 mins to do ,but they problems with one test saying they needed to eye drops to get proper measurement .but if they did this I could not have op done and would have to come back tomorrow ,to which I replied I'm not coming all the way back here tomorrow so sort it out and do it or forget it and I'll have my money back .they said well that's your choice so I left after telling me head office will contact me tomorrow and refund my money .they contacted me and said no refund make two more trip to centre and we will do it .to which I refused and asked for refund three say have it done or lose all the money they are saying they prospond it when i took it he refused to do it on the date and time given .am I entailed to a refund or can they steal my money it was 9days between payment and refusal thank you hope you can help Paul

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

Is there any reason you don't want to return? I realise its a distance but its not an overnight stay.
Customer: replied 3 years ago.
I took the week off work as I work in a dusty job giving it a week healing I work away from home they are trying to get it done in the next two days I back to work Sunday afternoon plus after leaving clinic I had two get my eyes tested and spent a further £300 on glasses asi can not read without them

Ultimately they cannot make you have the treatment. There is no way around that.

However, the difficulty is this. They may well be in breach of contract but its not a material breach striking at the heart of the agreement unless you actually agreed that time was of the essence. They clearly do intend to offer you the treatment and its available for you to return at a time of mutual convenience.

If you do cancel then the breach will be yours.

They do only have a claim for the sum of their loss which will not be the full price that you paid almost certainly. But they do have a claim for something. Whether they would maintain that if you sued or not is another matter. Often companies do relent upon being given a court summons and just return the money.

This is a small claims court sum so it will be cheap enough to sue. Its a good idea to send them a letter before action giving them 28 days to make payment and making clear that in default you will sue. If they do not then you can issue here

Can i clarify anything for you?

Customer: replied 3 years ago.
Thank you you have given me the information I need not only are you gorgeous but dam clever too rating
10/10 excellent
No problem and all the best.

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