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

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Comments

  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    As i previously have stated I was requested to pay the deposit to secure surgery date. I have emails to prove this was paid to the site then received by the surgeon and knocked off the final bill for the surgery and I have all documented.
    So clearly the acknowledged the site took payment and the surgeon received it. So my deposit was not for there services it was directly for the surgery.

    Crystal clear

    I don't doubt what you're saying. But your CC issuer may look at this differently. Have you sent off your claim yet ?
  • meer53 wrote: »
    I don't doubt what you're saying. But your CC issuer may look at this differently. Have you sent off your claim yet ?


    No I haven't requested the claim form yet I am waiting on the statement arriving and in the meantime trying to arm myself with as much information as I possibly need to make my claim successful. As I said I have never actually submitted a section 75 before and need all the guidance i can get on the matter.

    I do know that the main point to the claim is that I was supplied goods/ service that were not fit for the purpose they were bought for ie: the implants are of substandard materials and illegal. I dont have the direct quote to hand Martin himself used in the watchdog programme but I will be quoting it word for word the relevant section of goods and services act in my claim.

    Crystal clear
    £2.00 savings club =£2.00
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Just remember to detail everything and every cost you have incurred in your claim. If i were you, i'd call my CC issuer first to see exactly what they need from you. They may have a standard claims form that they can send. Do you know how much the replacements are likely to be ? I'd add that too.

    Oops, just noticed the cost of this in your post !
  • Yorkie1
    Yorkie1 Posts: 12,238 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    BB180 - Spam reported - multiple random posts promoting the same thing
  • Yorkie1 wrote: »
    BB180 - Spam reported - multiple random posts promoting the same thing

    Thanks its gone now and I had also reported it as spam.
    £2.00 savings club =£2.00
  • Sorry if this appears back to back the previous was about a spam post.

    I was going to ring Cap one today about te section 75 claim, but suddenly though Ohhh!! I could put myself in a bit of a sticky situation as i still have to have the surgeon do the removal surgery which i mentioned in my 1st post.
    The credit card company will under section 75 be jointly liable and could then chase the surgeon, thus causing me issues in getting them to perform this next surgery. Please can anyone advise if I am wrong but I did think maybe i would have to wait until I have had the last surgery and paid again until I put in the claim ?

    Crystal clear
    £2.00 savings club =£2.00
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Sorry if this appears back to back the previous was about a spam post.

    I was going to ring Cap one today about te section 75 claim, but suddenly though Ohhh!! I could put myself in a bit of a sticky situation as i still have to have the surgeon do the removal surgery which i mentioned in my 1st post.
    The credit card company will under section 75 be jointly liable and could then chase the surgeon, thus causing me issues in getting them to perform this next surgery. Please can anyone advise if I am wrong but I did think maybe i would have to wait until I have had the last surgery and paid again until I put in the claim ?

    Crystal clear

    I'd still call them if i were you. You can ask their advice.

    As for the surgeon, i would imagine he's already dealing with similar cases, could you call them to ask where you would stand ? Wouldn't they have to have insurance to cover this type of issue ? They were obviously unaware of the problem with the implants, they're probably claiming from the manufacturer.
  • dazza.mk
    dazza.mk Posts: 1,927 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sorry if this appears back to back the previous was about a spam post.

    I was going to ring Cap one today about te section 75 claim, but suddenly though Ohhh!! I could put myself in a bit of a sticky situation as i still have to have the surgeon do the removal surgery which i mentioned in my 1st post.
    The credit card company will under section 75 be jointly liable and could then chase the surgeon, thus causing me issues in getting them to perform this next surgery. Please can anyone advise if I am wrong but I did think maybe i would have to wait until I have had the last surgery and paid again until I put in the claim ?

    Crystal clear

    Definitely call them, there responsibility under Section 75 (assuming there are no issues with them agreeing) there responsibility is to set everything right which doesn't necessarily mean that they will automatically agree to use your prior surgeon......... Probably an outside chance they'll go for a 3rd option... But given you've said that you had to fly back for an 'adjustment op' related to the first surgery they may not want to take that chance.
  • dazza.mk wrote: »
    Definitely call them, there responsibility under Section 75 (assuming there are no issues with them agreeing) there responsibility is to set everything right which doesn't necessarily mean that they will automatically agree to use your prior surgeon......... Probably an outside chance they'll go for a 3rd option... But given you've said that you had to fly back for an 'adjustment op' related to the first surgery they may not want to take that chance.

    Nice idea in principle but surgery is booked flights hotel car parking transfers and time off work. It been a nightmare trying to even get time off work as we were so fully booked with holidays there was little left and fitting that in with what the surgeon had available. I am scared I will now spook the surgeon or prompt CC to try take different action plan than i have set. I would love to put claim through now but think I am better just putting all evidence together and waiting until I get back in June after surgery to request claim then and yes cap one if i recall when i thought about goldtrail collapse asked a mass of questions before sending out claim form last time ( thankfully i was ATOL covered and didnt need to complete) so technically never done a full Section 75 before either.

    Crystal clear
    £2.00 savings club =£2.00
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    As a matter of interest have you actually discussed this with your GP or a doctor or is this just a case of you wanting them replaced even though there is no evidence that they are/will be a problem to you?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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