Advice needed on consumer rights with particular reference to opticians

[strange_complex]

Two weeks ago, I had an eye test, and last week, I went to pick up my new specs.

I really like the way they look. But there's a problem: the prescription for the right lens is too weak.

Double trouble: I had the glasses made up by a different optician from the one who did the eye test.

My problem now is that I've been sold something which doesn't meet my needs, but I don't really know what rights or liabilities I have in this situation. The fault clearly lies with the lady who did the original eye test - but I only paid £5 to her for that privilege. Meanwhile, I spent a lot more money than that on having spectacles made up from her prescription, but the opticians who made up those spectacles did so on perfectly good faith, and I have no reason to believe they did anything wrong. Getting the £5 back for the original eye test won't really do much to off-set the cost of having the incorrect lens replaced, but it seems to me that I can hardly expect the second optician to absorb the cost of replacing it either.

Did I accept liability for this situation when I voluntarily chose to go to another optician to have the glasses made up? Or do I have any kind of protection against the consequences of having paid rather a lot of money for an incorrect lens? I surely can't be the only person who's ended up in this situation, but I haven't been able to bring up any very suitable advice by Googling. The best I could find was this, which is someone reporting the same situation - but I'm not at all clear that any of the people advising him(?) have any real expertise in the matter, or indeed whether their comments would apply in the UK.

Whatever happens, I really am going to have to get that lens changed. I've persevered, and given the new glasses five days to 'settle in', but the problem hasn't gone away, and it isn't something I can live with. I keep feeling as though my right eye has some kind of film over it, or my eyelid is drooping or something - anything which might explain the poor vision on that side. And I definitely wouldn't feel safe driving with the new glasses, either. When I drove to the supermarket on Sunday morning, I swapped back to my old glasses, and felt much happier. So if I am going to benefit from any of the money which I have spent on this new (much sexier) pair, I will in the end be forced to just suck it up and pay for a) a new eye-test and b) a new lens if I can't find any way to make anyone else pay for it for me.

And I don't know whether it makes any difference or not, but for the record, I am not hugely astonished that this is how matters have turned out. The lady who did the eye test said that my right eye had been being 'over-corrected' by my old glasses, and that this was something I wouldn't notice in terms of poor vision, as my eye could compensate for it. But the extent of the supposed over-correction was an entire diopter: from -4.5 in my old glasses to -3.5 in the new. I did think that was pretty odd, as my eyes have never done that before. My vision has been steadily getting worse and worse ever since I was 10 years old. Sometimes the rate of worsening has slowed, but it's never reversed itself.

But then again, I've never had an optician get a prescription wrong for me before, and I suppose I am starting to get into the age bracket now where presbyopia might start to kick in, and for all I know maybe that could manifest as a reduction in my myopia prescription? So I didn't try to challenge what she said. I just accepted it, and with enough confidence to take her prescription to another optician (who had much nicer frames) - the first time I've ever had glasses made up from a different optician than the one who did the prescription, in fact. Obviously, I wish I had spoken up now, but it can hardly be deemed my fault that I assumed a professional optician had got my prescription right, I suppose. The test all seemed very thorough and accurate when she was doing it.

Anyway, if anyone has been in this situation, or knows anything about what my rights are, please do comment. And if not, I guess I've just got more inconvenience and another hefty bill coming up...

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Comments

[steer.livejournal.com]

No legal help but perhaps a cheap suggestion to fix it.

Lenses are cheap at that prescription. Would the original company who sold you the glasses be prepared to grind you a new lens on its own for those frames and send it to you? Then I guess you probably got the "light weight" and "anti glare" etc options which makes it more pricey. Also my experience is that high street shops charge ruinous prices for lenses (and worse for frames) though so you might be unlucky and still pay lots. There are various online "relensing" stores which will put new lenses in old frames. I don't know, they might do a horrible job but it might be worth trying and some offer refunds. Best of luck.

I can imagine how horrible it would be to have a prescription a whole diopter wrong -- there's a 1.5 difference between my right and my left eye and if I have my contact lenses in wrong it is horrible and dizzying.

[strange-complex.livejournal.com]

Oh, yes - I am entirely assuming that I can just get that one lens replaced, without having to buy a whole new set of frames and lenses from scratch. That would be normal practice, I think. But it would still cost me about £90 (including light weight, anti-scratch and anti-glare options). That's money I'd rather not have to waste on someone else's mistake.

[steer.livejournal.com]

I really think you might get a much better price shopping around online is my point. Indeed a much much much better price. I bought three pairs of glasses online for less than that in total (from three different supplies not a three for one offer) with both lenses and frames. My prescription is a lot higher (-8.5 and -9.75) and at least one pair of glasses had anti-reflection, anti-glare lenses (but not light weight lenses) -- the cost for that pair was £22.95 for lenses and frames and delivery. The frames themselves are pretty low quality but the lenses I can find no fault with. Then I only use them for reading in bed and pottering about the house.

I wouldn't necessarily recommend the places I shopped from as they took about three months to deliver. I'm certain though that with your prescription you can get it sorted for much less than £90 if you shop online.

Anyway, best of luck, it sounds an extremely frustrating situation.

[strange-complex.livejournal.com]

Oh, I see what you mean - you're thinking in terms of sending the frames and a new prescription to an online optician, and asking them to redo it? Yes, I guess that might well be cheaper than going back to the high-street optician I used. Mind you, by going back to the high-street optician I can be sure that they'll be able to replace just the right lens without causing any kind of weird mis-match due to slightly different coating techniques used on each lens. With an online optician, I might end up needing to get both lenses replaced, in order to ensure a match.

[steer.livejournal.com]

you're thinking in terms of sending the frames and a new prescription to an online optician, and asking them to redo it?

Indeed -- there are online services which do this.

With an online optician, I might end up needing to get both lenses replaced, in order to ensure a match.

This is true -- but I'm guessing it will still be cheaper, indeed much cheaper.

[strange-complex.livejournal.com]

Thanks - it's worth at least pricing up this option, then.

[steer.livejournal.com]

I hope you can get something sorted without too much trouble or cost.