Private Covid Testing - No-show - Where do I stand legally?

spikeyjac

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Hi all,

Landed from a lovely holiday in Greece on Saturday - unfortunately the second half of my tests ordered through www.chronomics.com, have failed to materialise. My Day 2 test was due to be taken yesterday (and was supposedly dispatched on Saturday), however, DPD still haven't received the parcel from Chronomics. TUI subsidise some of the cost and therefore are the ones who recommend Chromonics. I've tried tweeting, emailing, calling, but to no avail. TUI tell me they're escalating it but also to try get in contact with Chronomics directly. When I ring the Chronomics number, it re-diverts to the TUI line that I've already called. I've managed to order some day 2 tests through the NHS, but unfortunately they haven't shown up today either (although it does say 1-2 days delivery).

Now comes the legal question - We've booked a Day 5 Test, as part of the Test to Release scheme, with another provider. Should both the Day 2 and Day 5 tests be negative, then we can finish our quarantine early. However, if we haven't got a result for Day 2, then the Day 5 result isn't valid until we have that result.

We're considering booking another Day 2 test through the same Day 5 provider - however, this isn't really money we want to spend. What would be the chances of going through a Small Claims Court and trying to recoup the money from Chronomics, for the separate Day 2 test, as they've failed to deliver on their services and agreement - not to mention the day 2 test is a legal requirement!

Apologies for the paragraph - have a good day all :)

Cheers,

J
 
I know it doesn't help but ours turned up exactly when they said they would
 
Haha, nope it doesn’t. But good to know it’s working for some people! Was that using Chronomics?
 
Yes, we bought them through tui. Do they show as shipped on the website?
 
What would be the chances of going through a Small Claims Court and trying to recoup the money from Chronomics, for the separate Day 2 test, as they've failed to deliver on their services and agreement - not to mention the day 2 test is a legal requirement!

Breach of contract so it's straightforward. Send a 'Letter before claim' before you do though. But before that - make a polite written request for a refund to the registered business address of the company. That might do the trick. A signed for letter would be best.

Assuming they offer no good excuse for not paying up it's a simple matter to complete an N1 Claim form and shouldn't cost a lot (depends on amount claimed). There will be another fee if it goes to a hearing but it probably won't go that far. Legal costs are not normally awarded for small claims so that needn't be a worry.

Also complete the ex160 exemption form if you're exempt from fees.
 
Breach of contract so it's straightforward. Send a 'Letter before claim' before you do though. But before that - make a polite written request for a refund to the registered business address of the company. That might do the trick. A signed for letter would be best.

Assuming they offer no good excuse for not paying up it's a simple matter to complete an N1 Claim form and shouldn't cost a lot (depends on amount claimed). There will be another fee if it goes to a hearing but it probably won't go that far. Legal costs are not normally awarded for small claims so that needn't be a worry.

Also complete the ex160 exemption form if you're exempt from fees.

If it does go to small claims and you win you can claim interest plus a set amount for your time at court

Thanks guys!

One test is arriving today (no idea whether Day 2 or Day 8 - either way, it's late!).
 

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