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

alanq

I believe that I heard on the news that even "good" implants should be replaced within 10 years. If that is so, then I suppose a case could be made for a refund of just part of the cost of replacement after say 5 years. The law is that one is entitled to replacement of something that fails within a reasonable lifetime. Not sure where one stands where there is a proven risk of failure.

meer53

If it was me, there is no way i would want to keep the implants in my body. The silicone was industrial grade, who knows when the implant may rupture ? And what damage mat be caused. It's a nightmare waiting to happen.

If i were the OP i would get some legal advice as to where she stands regarding the CC purchase but even if i was told i couldn't claim, i'd still be paying to have them removed.

caro100

Thanks for all replies. There are a lot of angry and some hysterical women out there at the moment and I can understand why.

Myself, I am trying to look at all options and I personally feel that the NHS should not have to pay to put this situation right. If I am able to get help from my credit card provider this will be my 1st option.

I will make enquiries. Thanks again

2sides2everystory

caro100 wrote: »

I will make enquiries. Thanks again

For the record, I think to progress any Section 75 claim you must first demonstrate that your enquiries of the original merchant (the surgeon) have reached an impasse.

Good luck!

chattychappy

This has got the makings of a law student exam question!

Let's start with a few basics. There are a number of possible claims: eg in contract (actual terms or terms implied by statute), misrepresentation, personal injury etc.

Limitation periods vary. 6 years for a contract claim is pretty firm. For personal injury, the period is only 3 years but the clock doesn't start ticking until you could have known about the issue. . Eg the atomic veterans are suing for injuries they say they suffered during bomb testing in the 1950s and this has gone to the supreme court just on the question of how to apply the limitation rules.

Then in certain circumstances only, s75 makes the CC jointly liable with the merchant. These are contract and misrepresentation claims where the contract value is over £100.

2sides2everystory wrote: »

For the record, I think to progress any Section 75 claim you must first demonstrate that your enquiries of the original merchant (the surgeon) have reached an impasse.

No. If there is a breach/misrep, you are free to pursue either or both. Of course CCs will have you believe that you should go to the merchant first. But in law they stand equal.

As for "misselling", this is legally irrelevant. It is a concept confined to financial services where providers have an enhanced duty to their consumers through FSA regs - eg to assess the suitability of the products they are selling.

There is plenty of caselaw on misrepresentation, but note simply stating something is "top quality" is unlikely to be enough. Advertising "puff" is generally excluded.

So whilst people come on these boards as an alternative to seeking legal advice, in this case I agree with:

meer53 wrote: »

If i were the OP i would get some legal advice as to where she stands regarding the CC purchase

I would start with personal injury lawyers. But perhaps wait for the "dust to settle" a little. It is quite possible a group litigation (the UK equivalent of a class action) might be started with CCs, surgeons/hospitals rolled in as joint defendants. (I believe the manufacturer went bust, but they might have had insurance.) No win/no fee is usually available.

chanz4

They have not been deemed to be faulty, just the contents of them not to be of a medical grade.

corbyboy

You need to approach this from a medical point of view rather than a financial point of view. Don't get too worried by what you read in the media. Newspapers are experts at over hyping bad information.

The Government's latest advice is that they expect private clinics to offer removal for women who want it. The NHS will also take them out for private patients who aren't getting help from their private clinic. This was only decided on Friday so clinics will need some time to decide how they are going to handle this.

Either way the first thing you need to do is go to your GP. They will tell you what you need to do next.

greenface

YorkshireBoy wrote: »

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

normally from "date of knowledge" from when the person became aware there was a potential problem . This IMHO is a medical negligence nightmare and can see small print covering the asses of the surgeons/buyers/suppliers/manufacturers etc or you will be stuck in litigation for many many years and they will be passing the buck all around you . total horrible nightmare and good luck to all & the familys of all concerned.

caro100

Thanks for you explicit post chattychappy.

There is so much panic and media interest at the moment it is difficult to get any definitive advice. I agree that it is best to leave it a while for the dust to settle. I am actually quite calm about it all as it's going to take a while to sort out. I have legal insurance as part of my mortgage insurance but not sure that will cover this and also as I said, that I paid by credit card.

The clinic I went with did over 40,000 pip implants and supposedly the best clinic! My surgeon no longer works there and is back in Prague so we'll have to see what happens. As I said I disagree that the NHS should fund explantation which is why I'm looking at my other options. A lot of affected women have no other options so I feel I am fortunate in that respect

Thanks again all.

caro100

corbyboy wrote: »

The Government's latest advice is that they expect private clinics to offer removal for women who want it. The NHS will also take them out for private patients who aren't getting help from their private clinic. This was only decided on Friday so clinics will need some time to decide how they are going to handle this.

With 40,000 women possibly wanting removals from my clinic, even if they agree, imagine how long the waiting list is going to be!!