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I purchased an express test and result service for an important COVID test to travel. In booking the test, on both the website of the provider (Midland Health) and in writing/emails with the clinic manager, I was assured the result would be emailed to me by midnight on the day of the test. Unfortunately, due to human error (their words), the results were not sent on time. Allegedly, someone forgot to click send! The knock-on effect of this was direct costs to the amount of £300-£400, rescheduling and a week's delay to plans, and a great deal of stress! I am not sure who to contact for initial free legal advice on whether there is a case to be made here.
On MSE forums this forum was recommended, and one point made was that this boils down to whether the provider is required to accept liability for indirect/consequential loss. Their website does not contain any clause excluding them from being held liable, and there were several failings on their part, which I intend to have described in writing by tomorrow. So far, their position is that they will fully refund the test or re-arrange it (I do need another test, so I have discussed a new test with them), with a small goodwill gesture (doesn't cover the direct costs above). They are firm they will not discuss covering my indirect cost.
Can anyone comment, advise, perhaps redirect to a good service for this? Is this worth pursuing. It is hard to estimate the true cost of this, as the week delay may ultimately cost me my job, though in fairness there are a number of other factors that would be contributing to that outcome, if it comes to that.
On MSE forums this forum was recommended, and one point made was that this boils down to whether the provider is required to accept liability for indirect/consequential loss. Their website does not contain any clause excluding them from being held liable, and there were several failings on their part, which I intend to have described in writing by tomorrow. So far, their position is that they will fully refund the test or re-arrange it (I do need another test, so I have discussed a new test with them), with a small goodwill gesture (doesn't cover the direct costs above). They are firm they will not discuss covering my indirect cost.
Can anyone comment, advise, perhaps redirect to a good service for this? Is this worth pursuing. It is hard to estimate the true cost of this, as the week delay may ultimately cost me my job, though in fairness there are a number of other factors that would be contributing to that outcome, if it comes to that.
