PIP Implants, Can I Claim Back On My Credit Card?

pipimplants

I had breast enlargement surgery in 2008 and have recently found out that my surgeon used the faulty and potentially harmful PIP implants. The clinic I has the surgery at are saying that if my implants are proven to be ruptured they will replace free of charge, however, they are charging for routine removal and replacement if I want it of unruptured implants.

I believe I was mis sold the implants. The clinic and surgeon at the time stating they were 'top quality' and 'top of the range', and would likely last me a lifetime, were practically never known to rupture etc etc. However, it has now emerged that there have been concerns surrounding these implants and their manufacturer since as early as 2001 and that most surgeons and clinics would have been aware of this. At the very least, they were aware that the implants were not in fact 'top of the range' but very cheap, a lot cheaper than those offered by other manufacturers. I in no way got 'cut price' or cheap surgery and my surgery was in the UK.

Could I have a case to claim the money I paid back from my credit card? If so, am I right in thinking the credit card company will then pursue the clinic I went to in order to recoup that money from them? If I can claim it back, how do I go about that, what do I say etc?

Thankyou.

caro100

pipimplants wrote: »

I had breast enlargement surgery in 2008 and have recently found out that my surgeon used the faulty and potentially harmful PIP implants. The clinic I has the surgery at are saying that if my implants are proven to be ruptured they will replace free of charge, however, they are charging for routine removal and replacement if I want it of unruptured implants.

I believe I was mis sold the implants. The clinic and surgeon at the time stating they were 'top quality' and 'top of the range', and would likely last me a lifetime, were practically never known to rupture etc etc. However, it has now emerged that there have been concerns surrounding these implants and their manufacturer since as early as 2001 and that most surgeons and clinics would have been aware of this. At the very least, they were aware that the implants were not in fact 'top of the range' but very cheap, a lot cheaper than those offered by other manufacturers. I in no way got 'cut price' or cheap surgery and my surgery was in the UK.

Could I have a case to claim the money I paid back from my credit card? If so, am I right in thinking the credit card company will then pursue the clinic I went to in order to recoup that money from them? If I can claim it back, how do I go about that, what do I say etc?

Thankyou.

I would like to know this too and the time scale as I had my surgery in Sept 2005- 6 and half years ago. I too feel I was mis sold cheap implants which we now know to be non medical grade. Thanks

opinions4u

I believe I was mis sold the implants

While I am cracking up at this tea spluttered all over my keyboard ...

Could I have a case to claim the money I paid back from my credit card?

... there is a possible S75 refund I suppose. I'm not aware of medical exceptions to the CCA.

Do we need pictures posting so that we can assess suitability and quality of work first?

If not, approach the credit card company!

Fruit_and_Nut_Case

opinions4u wrote: »

Do we need pictures posting so that we can assess suitability and quality of work first?

Yes, definitely a pics or it didn't happen scenario.

[Deleted User]

I dont think you will be able to as with any surgery there is always some form of risk.

I havent read much about this as I dont have implants so probably not too clued up on it but I can imagine it must be worrying for you.

There is a likely chance that your implants will be fine.

Dxxx

pipimplants

So are you saying that I may be able to claim back from the CC company for the implants only, as opposed to the total cost for surgery? It seems a grey area as obviously the implants cannot be replaced without surgery and the surgery and implants are sold as a package, so obviously you can't have one without the other.

Thankyou.

opinions4u

pipimplants wrote: »

So are you saying that I may be able to claim back from the CC company for the implants only, as opposed to the total cost for surgery? It seems a grey area as obviously the implants cannot be replaced without surgery and the surgery and implants are sold as a package, so obviously you can't have one without the other.

Thankyou.

My own view is that there's a case for both.

Have you asked the clinic for a refund?

[Deleted User]

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

YorkshireBoy

pipimplants wrote: »

So are you saying that I may be able to claim back from the CC company for the implants only, as opposed to the total cost for surgery? It seems a grey area as obviously the implants cannot be replaced without surgery and the surgery and implants are sold as a package, so obviously you can't have one without the other.

Section 75 generally covers you for misrepresentation or breach of contract. Would you, or your card provider, say either applied here?

Section 75 does cover you for consequential losses. And correcting a deformity caused by their removal (which, I believe, will be done free on the NHS?) may be deemed a consequential loss.

YorkshireBoy

caro100 wrote: »

I had my surgery in Sept 2005- 6 and half years ago.

I can't be certain, but I would imagine any claim might be statute barred under the (6 year) Limitations Act?

2sides2everystory

If proper recourse via the original surgeon is being unreasonably denied then I don't see why a Section 75 claim against the card company should not be possible. I believe however that I caught a fleeting glnace of news report over the last day or two which suggested the opposite.

The limitation starts ticking from the point at which damage is first realised, does it not YB?