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Section 75 hsbc help needed

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124

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  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Her health was at stake when she decided to have them in the first place - but at the time it was not deemed important enough to stop her>


    Ooh, harsh - but true.
  • Billie1
    Billie1 Posts: 5 Forumite
    edited 20 April 2012 at 9:38PM
    Had to register due to logging in.......Honestly get a grip jonesmufcforever obviously a bloke ??
    Gave the reason why i had surgery,what goes around comes around what are you on about i paid a company thousands pounds not for them to fill my body will non graded silicone,do you no anything about it probley not.so keep ur smart comments to yeself.give lots you will recieve lots really dont no what some worlds people live in,all i asked for was for some advice as im not clued up in this situation not for pathetic comments !
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    meer53 wrote: »
    Do any of the cases on the FOS website mention someone else paying ?
    But "someone else" isn't paying.

    The person who made the payment will submit the claim. What he spent his money on, and for whom, is irrelevant. He paid for medical grade silicon, and he got industrial grade silicon. That's misrepresentation (as well as breach of contract) isn't it?

    The fact that the (main ;)) beneficiary was someone else doesn't come into it in my opinion.
  • Billie1
    Billie1 Posts: 5 Forumite
    Thanks for your advice im going to submit that to them as well you have really helped me carnt that you enough ! Do u think omburdsman will be my next call with this or should or just take it straight to the courts,i do have a solicitor dealing with it but as the company went bust,im now having to fight this through the clinics insurancers as they would have had insurance at the time of my op,they have 90days to reply just thought it might of been quicker through c card as that was the method of payment
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    But "someone else" isn't paying.

    The person who made the payment will submit the claim. What he spent his money on, and for whom, is irrelevant. He paid for medical grade silicon, and he got industrial grade silicon. That's misrepresentation (as well as breach of contract) isn't it?

    The fact that the (main ;)) beneficiary was someone else doesn't come into it in my opinion.

    But it will come into the CC issuers opinion when they look at the Section 75 claim which is why they've said they can't help.

    It's not irrelevant, it's how Section 75 works. I still think the OP should investigate further though. This is quite an unusual situation.
  • Billie1
    Billie1 Posts: 5 Forumite
    It is ive sent them a big long email explaining in more depth !quoted some stuff you all said to me thanks everyone will keep you updated as i bet there alot in my situation...
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    meer53 wrote: »
    But it will come into the CC issuers opinion when they look at the Section 75 claim which is why they've said they can't help.

    It's not irrelevant, it's how Section 75 works.
    If you take a look at the case studies on the FOS site there's an awful lot of 'upheld' complaint outcomes where the credit providers have been criticised for fobbing off (my words, not theirs) the customer.

    These range from simple delaying tactics to out and out lies and misinformation.

    My stance hasn't changed :). I'd go the FOS route before embarking on costly solicitors or no win/no fee insurance backed outfits. Suggest the OP (ideally their partner in case details are requested) at least makes a call to the FOS on Monday.
  • Billie1
    Billie1 Posts: 5 Forumite
    Yeah i will ring them monday see what they got to say,ive dealt with them before seem look at things better always had a succesfull outcome with them.however i no this far more complicated,they are no win no fee as well so get back onto them,i will post hcbs reply as soon as it comes they have been real quick to be honest even if it is to fob me of,end day they aint fobbing me of i wont be going quietly ill go the papers the news the lot thanks again
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    If you take a look at the case studies on the FOS site there's an awful lot of 'upheld' complaint outcomes where the credit providers have been criticised for fobbing off (my words, not theirs) the customer.

    These range from simple delaying tactics to out and out lies and misinformation.

    My stance hasn't changed :). I'd go the FOS route before embarking on costly solicitors or no win/no fee insurance backed outfits. Suggest the OP at least makes a call to the FOS on Monday.

    I'd suggest FOS first too, no point spending on solicitors if they can take it up for her.

    I think the CC issuers stick to the CCA regulations as stated, we certainly do, and if customers aren't happy then they have the right to go to the FOS. Of course FOS will sometimes rule against the CC issuers.

    In the OP's case, i personally feel that a chargeback for faulty goods may have been successful, especially as the company concerned has now gone bust. It would at least have been worth a try. There wouldn't have been anything to lose by attempting it. Some CC issuers wouldn't have tried this though, i would.
  • Billie1
    Billie1 Posts: 5 Forumite
    What do you mean charge back sorry ive not a clue and i havent got anything to loose ur right
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