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TOPIC: SUING OPTICAL EXPRESS

Suing OE 08 Feb 2017 10:59 #21

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Kelly wrote: I'm beyond angry, how has everyone else done against them?


There are hundreds of people currently in litigation against both Optical Express and the operating surgeon, but details are rarely published here - not least because Optical Express monitor OERML closely!

Stephanie Holloway is the only person I know whose case went to trial in 2014, while dozens more have been settled out of court since 2015, including those via small claims courts.

Many of those who settled out of court - with or without a 'gagging order' - have provided me with documents and copies of OE correspondence, including settlement agreements. I intend to post a list of settlement amounts when I have time.

NB: A word of warning to anyone being asked to sign a document before OE agree to give you any further treatment needed - DO NOT sign until you have taken advice!

Contrary to what the deceptively worded document infers (I will post copy asap) you will be signing away all your rights should anything go wrong, or you need more treatment!

If anyone would like further advice on this matter please send your phone number :kiss: This email address is being protected from spambots. You need JavaScript enabled to view it.

Beginning Quest For A Refund 08 Feb 2017 08:50 #22

  • Kelly
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I'm in the exact same position expect when I initially consulted with optical express I was promised life time care. Then the contact I signed stated 2 years. However I went to have both eyes redone they would only do one on the day. Told me to leave it a few months between surgery went to rebook and then told after my consultation a charge was payable.

I was made believe I had taken the first steps to intiate my treatment inside the term and there decision was what meant I couldn't complete within the two years.

I'm beyond angry, how has everyone else done against them?

Beginning Quest For A Refund 22 Jan 2017 19:52 #23

  • Mrs R
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Can anyone help me?

I'm beginning the quest for a refund - don't all laugh at once!

I presented within 15 months of my surgery with poor vision - I definitely do not have 20/20 vision - OE are now telling me that any aftercare or any further treatment will now cost me more - I don't want anymore treatment at all (especially not for £1000 an eye!!).

I've written to OE - obviously to no avail - [deleted]
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Small claims court 17 Jan 2017 18:17 #24

  • leevy chang
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hi, I have a similar situation and the only options from the OE surgeon is to remove the old lens and put in another one which is also not guaranteed but the worst thing is that OE insists that I have to pay for this operation which is amounting to 3k.. totally unacceptable. If you have any suggestion please email to me as I am also looking to sue them... thanks
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Has anyone succeeded in suing OE 13 Dec 2016 18:57 #25

  • Mandy Gee
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I had lens replacement surgery in Oct 2014. It has been a disaster with many of the issues others are reporting, and in addition, at the time of my first operation the anaesthatist put a canula in my hand but was busy on his mobile phone to a broadband company and by being distracted, did not administer a sedative. I have contacted lawyers and I am in the process of pursuing a claim against OE but just wondered if anyone had had success and any helpful info they could add.
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admin: Be assured that a number of people have successfully sued OE, with hundreds more currently in litigation. Claims are usually settled out of court, with the exception of Stephanie Holloway - much to OE's regret!
For more info send email to This email address is being protected from spambots. You need JavaScript enabled to view it.
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Small claims court 13 Dec 2016 14:15 #26

  • Tracey
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Help? I had lens replacement and now can't drive at night. The haloes are terrible. I've had so many appointments with conflicting information . I'm now considering small claims. Any advice would be fantastic
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Small claims court 05 Dec 2016 20:23 #27

  • Simon
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Hi Neil, I'm sorry to hear this and I'm in the same boat and can totally empathise. May I ask which branch you attended? Was it the surgery in Shaftsbury Avenue? I've only had one operation so far and dubious to have another one with them. My right eye is -1.50 our and the left one is at least -1.0 as well. I'm currently trialling contacts to get the prescription right before considering having it done again.

Small claims court 11 Oct 2016 15:00 #28

  • Neil
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Hi, Am I assuming that if you take recordings of conversations during your consultations with OE Consultants and staff it is illegal or not admissible in court?
I am having major problems with OE after surgery x 2.
I would love some advice on this as I'm about to issue court proceedings.
Firstly for buggering my sight up and secondly for them saying my vision is 20/20 when clearly it is not. asked for a refund but to no avail and they keep sending the standard you signed all the forms etc.
Help required!!!
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Small claims court 27 Sep 2016 09:53 #29

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Hi
There are a few members already in the process of going through the small claims court.
Please can anyone point me in the right direction to claim via small claims court?
Thank you in advance

Update re Carmel Robertson v Optical Express 28 Aug 2016 22:59 #30

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Case Management Conference @ Croydon County Court on 17 August. (read previous post for history)

12 August: the Defendant’s lawyers hand delivered an application to the Court asking that the claim be struck out on the grounds that Carmel had incorrectly named the Defendant as Optical Express, instead of 123 Leeds Ltd, formerly Optical Express Southern Ltd, both companies now dissolved.

Plexus Law Ltd also advised Carmel that they objected to my providing 'advocacy services’ and intended to inform the court that, 'Ms Rodoy is not independent and that she will have a conflict of interest in acting in your best interests’.

Their evidence included a screenshot of my MBE FundRazr page, a copy of my 2015 Daily Mail interview, and the posts I’d published on OERML/Facebook, including an extract from their Court Application and partial transcription of Carmel’s recorded consult with Jonathan Carr (posted 14 August).

One of my legal advisers warned me that it was probable the Judge would have no choice but to agree with the Defence’s objection to me because of my Facebook posts.

Our challenge therefore was firstly to argue for me to stay in the courtroom, and - more importantly - request permission to amend the name of the Defendant to stop the case being struck out!

Plexus Law had sent trainee solicitor Rachel Auld to represent OE, suggesting that they were confident the Judge would strike out the case.

Chatting amicably with Rachel whilst we were waiting, she advised me that it was the first time Plexus Law had represented OE - I hadn't asked!

NB: I’ve since discovered that Russell Ambrose has coincidentally instructed Plexus Law to defend at least one claim issued against Optimax in Scotland.

District Judge Kathryn Major considered the Defence's objections to my presence and ruled in their favour. She did however listen to what I had to say about Optical Express, and read some of the documents I’d provided to the Court to help explain why they were so desperate to keep me out of the court room. I had also included a copy of reports filed by the police noting concerns for my safety due to threats from an OE employee, 'a murder suspect’.

She advised me that, knowing I was attending the Conference I should not have published the details I had, which stopped me being ‘independent', and that was the reason I was not allowed to remain and assist Carmel on this occasion. Judge Major did however assure me that this did not affect other actions I am helping people with.

Lesson learned, and a mistake I definitely won’t make again!

On this occasion my silence happily worked in Carmel’s interests, who was not required to say much at all thanks to Judge Major’s consideration.

She began by telling Rachel that she would not be striking out the claim, and then severely admonished her for ‘telling’ the Court that they MUST strike out the claim.

She told her that if OE wanted to make an application to have it struck out then they should have done it in the appropriate way, but it certainly wasn’t going to be considered that day, and she took a 'very dim view' of the way it had been dealt with.

Judge Major said they first had to deal with the issue of who the Defendant was.

Young Rachel was apparently confused when the Judge asked if OE was a franchise with independent companies trading under their name. Rachel agreed that it was her understanding that it was indeed a franchise.

Judge Major was completely baffled when numerous other company names were mentioned, and she told Rachel that if she was unable to understand the company structure then it was impossible that Carmel as a litigant in person would!

She quizzed Rachel about Optical Express’ connection to DCM Optical Clinics Ltd and 123 Leeds - the latter in liquidation.

She told Rachel that she did not accept that there was no connection between Optical Express, 123 Leeds and DCM Holdings Ltd, and if companies wind up to avoid liability then the Courts need to know about it!

Clever Judge Major made two rulings, (i) Optical Express (DCM Holdings Ltd?) ordered to provide statements of the company structure to Carmel within 2 weeks (due Wednesday) (ii) Carmel given permission to then amend name of Defendant

Carmel said the Judge appeared to think her claim is for medical negligence, warning her to check the time limitation, presumably because this is what the Defendants incorrectly based their argument on, but Carmel was too nervous to correct her!

A second Case Management Conference will be listed in due course, when Carmel will instruct a solicitor to represent her.
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