Section 75 hsbc help needed

Billie17

Hi i was wondering if anyone could help.my partner paid for my pip implants on his credit card in2007,the company went into administration in 2010 and not prepared to do anything.
As my partner paid on his credit card we applied to the bank to see if we could get a refund of replacement as 1 implant has rutured of which proof of this was sent to them they have now came back and said that because my partner paid on his card not me im a third party they are not willing to budge i dont no were to go from here,at end of the day we are a family and currently paying the debt of through the ccs jointly,i really dont understand the whole section 75 thing i read a comment martin had made regarding someone asking as there partner also paid for them and he replied as ling as we are a family should be ok but seems not unless they are just fobbing me off if anyone could advise me or help would be very gratefull thanks

ILW

I believe NHS will remove the implants for free.

Little_Mo_70

Billie17 wrote: »

Hi i was wondering if anyone could help.my partner paid for my pip implants on his credit card in2007,the company went into administration in 2010 and not prepared to do anything.
As my partner paid on his credit card we applied to the bank to see if we could get a refund of replacement as 1 implant has rutured of which proof of this was sent to them they have now came back and said that because my partner paid on his card not me im a third party they are not willing to budge i dont no were to go from here,at end of the day we are a family and currently paying the debt of through the ccs jointly,i really dont understand the whole section 75 thing i read a comment martin had made regarding someone asking as there partner also paid for them and he replied as ling as we are a family should be ok but seems not unless they are just fobbing me off if anyone could advise me or help would be very gratefull thanks

Forgive me if Im wrong but I thought a credit card covered faulty goods. Check out the t's and c's, it should say somewhere as they quoted this on watchdog recently.

DarknessGetsMe

For section 75 to work doesn't there have to be a debtor-creditor-supplier relationship? So the debtor would have to have a contractual relationship with the supplier? Such as getting the implants in themselves?

ILW

It is debatable who is the party to benefit from the implants. OPs partner may have bought them for his own amusement, she just looks after them.

Little_Mo_70

Little_Mo_70 wrote: »

Forgive me if Im wrong but I thought a credit card covered faulty goods. Check out the t's and c's, it should say somewhere as they quoted this on watchdog recently.

This on the HSBC site in t's and c's
"
Goods and Services



– If you purchase any item

of goods or services costing between £100.00

and £30,000.00 using credit under this Agreement

then if, for example, the goods fail to arrive or

are not of satisfactory quality or there was a

misrepresentation by the supplier regarding the

goods then you may have a right of redress

against us as well as the supplier."

Billie17

Yes they nhs are replacing im well aware of that !
Thats what they are saying.il add paragraph below what they said.
The bank’s liability under this Act is dependent on there being a link,
in respect of the transaction made to your account, between the
purchaser, the supplier and the bank. In the words of the Act itself it
states that there must be a ‘debtor/creditor/supplier’ agreement. In
this case, the debtor would be yourself, the creditor would of course be
the bank and the supplier would be the individual/company from whom you
purchased the goods in question.
As the ‘creditor’, the bank obviously has an arrangement with yourself
that you hold one of our credit cards therefore making you the ‘debtor’. does not hold one of our cards and therefore there
is no ‘debtor/creditor/supplier’ agreement and the bank does not believe
that it holds any liability under Section 75 of the Consumer Credit Act 1974.

ILW

Billie17 wrote: »

Yes they nhs are replacing im well aware of that !
Thats what they are saying.il add paragraph below what they said.
The bank’s liability under this Act is dependent on there being a link,
in respect of the transaction made to your account, between the
purchaser, the supplier and the bank. In the words of the Act itself it
states that there must be a ‘debtor/creditor/supplier’ agreement. In
this case, the debtor would be yourself, the creditor would of course be
the bank and the supplier would be the individual/company from whom you
purchased the goods in question.
As the ‘creditor’, the bank obviously has an arrangement with yourself
that you hold one of our credit cards therefore making you the ‘debtor’.
Mrs Billie-Jean Milner does not hold one of our cards and therefore there
is no ‘debtor/creditor/supplier’ agreement and the bank does not believe
that it holds any liability under Section 75 of the Consumer Credit Act 1974.

See post 5. It may help.

Billie17

Thanks for that.at the end of the day a purchase was made goods have gone faulty not as described and have not lasted a reasonable time,think they just fobbing me off.does anyone think im best of just getting a solicitor to deal with this or there no point .

booter

As I read it, the Billie17 is saying that the Credit Card co. won't entertain a claim as the implants weren't bought by her, but by her partner? If this is the case, then surely that's like saying that they wouldn't entertain a claim if he bought her a diamond ring that was faulty?

Billie17, did he actually make a claim against them, or did you?
Have a read of Martin's blog http://blog.moneysavingexpert.com/2012/03/14/pip-breast-implant-refunds-via-credit-card-companies-will-it-work-for-everyone/
and then have a go at putting it all in writing, using the template letter in this section http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases#75letter
I'd probably have a go myself, and then go via the ombudsman before getting a solicitor.

Billie17

Hiya i approached hsbc about all of it even sending them a copy of a scan i had done proven the rutured implant leaking into my lymth nodes,im now just assuming that he paid not me thats why they not refunding or willing to accept anything i have said,at they end of the day i was suffering from depression due to breast feeding 4 children very unhappy with the way i was it was effecting us a couple also a family so would say he has had some benefit from my having the surgery as i am a better person i no what people must be thinking so please no smart comments,im just trying to figure out were go from here with them.ombursdman take along time or would you think they treat these sort of cases quicker than others thanks again for your advice