Optical Express have a new scam
Theresa T issued a Money Claim Online (MCOL), and on the day OE were deemed to have been served with the claim they called and asked for her credit card details to refund her £500 deposit.
But even though Teresa had received her copy, OE claimed that they had not received anything from the court, and refused to pay her court fee!
Teresa emailed Tweedledum and received this response from Trainee Solicitor Rebecca O’Hear, '
I confirm that Optical Express has not received notification of any claim raised by you.'
OE can get away with this lie (as I allege it to be) because the court sends out letters via regular mail, not requiring a signature for proof of delivery.
Anyone issuing a MCOL therefore must be sure to scan/photo your court copy and email to OE the day you receive it!
Although she can now issue a CCJ for the unpaid court fee, don't get caught out as Teresa was!
Avoid engaging in any phone conversation with OE reps, and do NOT provide credit card details until they have confirmed in writing that they are refunding your deposit, plus 0.8% interest, AND the court fee!
OE's in-house solicitor David Magee has left (as I predicted he would in August when I met him at the GOC hearing for John Margetts), as it seems has his colleague Aimee Watson, emails to both bouncing back as undeliverable.
Any legal correspondence should now be sent to:
This email address is being protected from spambots. You need JavaScript enabled to view it. (In-house solicitor)
This email address is being protected from spambots. You need JavaScript enabled to view it. (Legal Support Assistant)
Also copy Tweedledum in, as I expect he'll be there until the OE ship sinks!
This email address is being protected from spambots. You need JavaScript enabled to view it.
Meanwhile, this is an extract from Rebecca O’Hear's email to Teresa.
'
The cancellation policy, as set out within the Terms and Conditions document, states:
"Cancellation policy
a. If you cancel a booking for treatment within seven days of making your booking, we will refund all amounts you have paid.
b. If you cancel a booking for treatment more than seven days after making the booking, we will take the minimum deposit from any money you have paid, before returning the rest of the money to you.
c. We will set the amount of the minimum deposit at the time of your consultation.
d. If, for any reason, we have to cancel a booking for treatment and we cannot offer you an alternative booking in either the clinic of your choice or a different location, we will refund your minimum deposit.
e. If, following a consultation with one of our refractive surgeons, you cannot go ahead with your treatment for any clinical reason; we will refund all amounts you have paid, except for any refractive surgeon appointment fee.*
f. We will pay all refunds within 28 working days.”
You agreed to be bound by these terms by paying the deposit for surgery.'**
*
In my opinion this contradicts OE's advertised 'FREE
Consultation'! Regardless of which, when you are heavily pressured to pay a deposit, if you have not read the T&Cs before doing so you cannot be bound by them.
**
I took legal advice from Counsel on this a few months ago and was assured that it would not stand up in court.