'PIP breast implant refunds via credit card companies – will it...' blog discussion

Former_MSE_Helen

This is the discussion to link on the back of Martin's blog. Please read the blog first, as this discussion follows it.

Read Martin's "PIP breast implant refunds via credit card companies – will it work for everyone?" Blog.

Please click 'post reply' to discuss below.

Tina_Sharpe

Hi , I have the pip implants and the left one has ruptured. Harley medical aren't helping at all as mine are 8 years old. Can I still çlaim from my credit card provider ? If so I paid 800 pound on card, will I just get the 800?

RabbitMad

Martin, Surely the point of this PIP issue is that the silicone is not medical grade, therefore all credit card customers have a case under the Fit for Purpose bit!

corbyboy

If it turns out that the supplier have commited a criminal offence (ie. changed the medical grade silicone from non-medical grade) would the credit card company still have the same obligations?

mo786uk

Tina_Sharpe wrote: »

Hi , I have the pip implants and the left one has ruptured. Harley medical aren't helping at all as mine are 8 years old. Can I still çlaim from my credit card provider ? If so I paid 800 pound on card, will I just get the 800?

S75 only offers protection for a maxmimum of 6 years.

corbyboy wrote: »

If it turns out that the supplier have commited a criminal offence (ie. changed the medical grade silicone from non-medical grade) would the credit card company still have the same obligations?

A criminal prosecution would make no difference to a civil case (i.e tyring to get a refun. A criminal prosecution is trying to show different things to what you would need to show for a sucessful civil case. However, a company that is prosecuted for proviiding inferior goods would probably add some weight to a civil case.

RabbitMad

mo786uk wrote: »

S75 only offers protection for a maxmimum of 6 years.
.

The 6 years is to do with the limitation act and it is for the "defendant" in any case to raise this point.

However I believe the, 6 years is from when you know there to be a problem, so given the information about duff silicone only came to light fairly recently then any claim that would be statue barred will get an extension to the 6 years.

mo786uk

RabbitMad wrote: »

The 6 years is to do with the limitation act and it is for the "defendant" in any case to raise this point.

However I believe the, 6 years is from when you know there to be a problem, so given the information about duff silicone only came to light fairly recently then any claim that would be statue barred will get an extension to the 6 years.

Its 6 years from the date of the transaction (i.e the day the contract was made).

So your S75 rights will extinguish on the same day as your SOGA rights - as you have indicated, because of the Limitation Act.

minx24

I have these awful PIP implants and am also receiving no help from Harley Medical Group at this time. I have had them since May 2006, so not quite 6 years. I am currently awaiting a scan to check for ruptures (this will take place after I give birth next month).
I paid my deposit by Lloyds TSB credit card.
Would my first step be to pen them a letter stating I wish to make a claim under S75? Although no rupture has been confirmed yet the goods technically weren't as described, fit for purpose or of satisfactory quality.
Any advice would be much appreciated.
Many thanks,

RabbitMad

minx, there is definitely nothing wrong with starting a claim against them now, inside the 6 year window.