section 75 cap one cc and pip implants help please !!

crystal_clear

Hi all I am hoping for a little guidance regarding a section 75 claim following on from Watchdog 19/04/12 where they said PIP implants were claims under section 75.

(Please can I also say my procedure was done on medical not for cosmetic reasons so please do not judge me on this I know its not everyone cup of tea but was a last resort for me)

Ok so if I give you an idea of whats happened maybe it will help in giving me the guidance I need to make the claim.

In 2007 i searched hi an low went for consultation after consultation and all saying the same but with lots of varying prices, I had lost all tissue and a great deal of weight and needed 2 part correction uplift and implants.

I was then recommended a site that specialises in going abroad and finally got fixed up going within the EU to Budapest in Nov 2007 for this surgery. I did however pay a £250 deposit to hold the date for surgery there on my Capital one card.
but it wasnt a complete start to finish package I seperatley had 2 flights a hotel room for 2 and a few other small expenses to pay for along with the surgery less the deposit, some tests i needed doing before surgery. food and taxis for post op check ups and airport transfers.
surgery was over I was back home and noticed that all was not correct so ended up having to fly back out in the following march for adjustment under local anesthetic. This put on more costs ie flights accomodation taxis food etc.
Move forward to 2012 the PIP implants scare hit the news so I dug out all my paperwork to find out i actually have had PIP implants inserted. Jumped on to the phone and emailed the UK website that dealt with sending people abroad told them I had PIP inside me and what can be done. They then contacted there representative in Budapest who laised with the surgeon who inturn got back to them and he has agreed to remove them at reduced cost and a full procedure just like the 1st one would be needed and this is another 2990 euros plus tests taxis airfairs accommodation and meals (i take someone with me each time as dont relish the thought of being out there and something go wrong and being alone)
So far I have not been asked to pay a deposit this time.

So given that brief can someone please guide me as to what exactly of all these expenses i have had to incure can I actually submit as part of a section 75 claim.

I really wish I had have had the 7k they wanted in the UK at the time for me to have stayed here and had the surgery but that was way off my mark at the time. But it would have been a cheaper option in the long run now I am faced with a 3rd trip to get this sorted again and praying it is definately the last.

Regards

Crystal clear

opinions4u

To be honest it's not an exact science.

I would start with all expenses relating to yourself. Forget the friend.

Don't expect an easy ride from the credit card company!

crystal_clear

I wouldnt have thought taking anyone would have been part of the claim. That bit was just as part of the brief so to speak to say I have an individual that can also back up everything along with my own paper trail of expenses.

The thing I am looking for really is guidance as I have never fully used a section 75 before although I did almost over some flights in the past. That would have been straight forward as it was subject to one item the flight cost only. As you can see from the original post I am seeking a bit of guidance as to where to start (yes i have the cc bill clearly stating the £250 deposit but i havent rang yet to request section 75 claim) I paid deposit to the UK based website owner who put me in contact with there representitive abroad who in turn managed all my care and costs for the surgeon.
So I am a bit confused as to what to say to start with when i ask for the claim as to who its against and then what exactly will I include in the claim as you can see without flights hotels etc etc I could not have had the surgery. If ihad stayed in the UK and just gone to a clinic here then this would have been straight forward 1 claim against the clinic for surgery no additional costs to consider.
What I do not want to do is fall fowl of over stepping the boundaries that my claim would or could be rejected for doing so.

I hope that makes it a little clearer as to the kind of help I am seeking.
If it wasnt for Martin himself being on Watchdog stating that this can be done I had given up hope of finding a way to sort this nightmare and my finances were again taking a battering that I could well have done without.

Crystal clear

System

I would think that you are limited to the cost of the operation only as it was not a complete package.

As the flights there and back were successfully taken then S75 can't apply to them.

opinions4u

!!!!!! wrote: »

I would think that you are limited to the cost of the operation only as it was not a complete package.

As the flights there and back were successfully taken then S75 can't apply to them.

Although it can apply to subsequent costs generated by a failure to provide the correct service in the first place.

ILW

Is the company that did the operation still in business?

crystal_clear

ILW wrote: »

Is the company that did the operation still in business?

Yes the website is still up and running and the surgeon is still working with the same website.

Also can I just add to an above post that said flights etc were seperate > I couldnt have had the surgery without getting there and having accomodation etc. Also the corrective surgery didnt cost surgery wise but did cost further flights and accomodation to have it done.

I am not greedy I just want to make sure I do the claim the correct way from the start.

Crystal clear

System

I would say possibly the second visit as well. However as there is no recommendation to routinely remove the implant then that cost should be borne by you as it is your choice and not a medical necessity.

System

A rather pertinent quote from the BBC watchdog site

Would Capital One consider granting refunds for those people who have had PIP implants fitted and have paid on their Capital One credit card?

We assess all Section 75 claims on a case by case basis. We would ask any customer who has had PIP implants to talk to their GP in the first instance to seek medical advice on whether they should have their implants removed or replaced. If they are deemed to be at risk by a medical professional, then we would consider their claim and whether we should cover their costs for corrective surgery.

dazza.mk

crystal_clear wrote: »

I paid deposit to the UK based website owner who put me in contact with there representitive abroad who in turn managed all my care and costs for the surgeon.

You need to check this bit carefully, it sounds like you might have paid the £250 to an agent as opposed to the clinic /surgeon, if so the whole Section 75 chain might fall apart.

lisyloo

I am not entirely up to date on the PIP implant scare so can someone update me please?
Have you been told that the implant needs removing? Is this now accepted procedure? or is it literally just a "scare"?
I am not being judgemental at all and I totally sympathise with your situation but what I am thinking is that if officially there is nothing wrong and this is just a desire/preference arising from the scare rather than a definite medical recommendation, then I don't think you will be able to make a claim off anyone. I'm really sorry about that but that's the way I'd see it legally.

Can someone confirm the situation?
Do they officially "need" to be removed? or is it largely a matter of concern?.
I am not belittling that concern at all, I'd be very concerned myself, but legally a worry over potential future problems may have no legal standing.