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

lisyloo

Most CC issuers have a disputes team who are experienced enough to make a decision as to whether they will take this on or not.

I don't think they will be able to analyse the terms and conditions of the company they have a contract with (the website) over the phone, so they cannot say over the phone if it's a valid claim (which is ultimately the decision the OP wants).
They will be able to say they will open a dispute and look into it, but that's fairly meaningles to the OP as they can later say the claim is not valid for some reason or other. I think we agree on that although we might be wording things differently.

Where i work, we make the decision whether to start a claim, and we have a legal team available if there are more complicated issues to resolve.

I don't believe starting a claim means much in terms of the financial risk the OP is taking in the short term. It simply means it's passed the initial criteria, which is little comfort given the complications.

I take issue with your statement that CC issuer disputes staff are not trained to provide correct information.

No offence intended. Most companies have call center operators who merely have set scripts and are not legally trained.
Back office staff are well trained but you usually do not get to speak to them when you call up with MOST companies (perhaps yours is expceptional).

they should really be her first port of call, in addition to legal advice.

Ok, so you are going back on your statement in post #49 that The only people who can give the OP correct advice are her card issuers.
It is the only part that I was dis-agreeing with.
Perhaps that wasn't clear and it's a misunderstanding.
I wasn't saying the OP shouldn't go to the CC company, but that they won't necessarily offer legal advice from an untrained call center.

I get the impression that the OP is going for this surgery in Budapest whatever happens, i just hope she realises that the claim may not go in her favour. No CC issuer can say that a claim will be paid.

Agreed.
My concern is that the OP might only get through to a call center operator with an Indian accent who pretends he's called Steve and says "yes send the form in and we'll start the claim" and has received no actual advice.
Maybe that's not how your company works but many companies do work this way these days.
I have done two section 75 claims both with some unclear issues - administration, 3rd parties, foreign, force majeure and I have never had any "advice". I have in fact spoken to foreign call center operators who did not know what I was talking about when I said I wanted to make a "chargeback". They did not have a clue. It was only when I used the word "dispute" that they had the foggiest, so I've had very poor experiences of call center service. I am not just extrappolating from my own personal experience, this is extremely common across forums such as this. The trained people do not generally work on the phones in MOST companies (perhaps yours in an exception) - can you name them? I would perhaps like to do business there.

There are too many unknowns in this case really.

Exactly which is why I don't think any re-assurance will be forthcoming over the phone, although a qualified solicitor will be able to comment on the legal issues i.e. whether being in Hungary means different law applies.

meer53

I think where i work is maybe an exception as our call centre staff dont' discuss disputes with customers, they're put straight through to us (we're in Leeds) All we deal with are disputes and fraud cases. There's no form filling, don't know how Capital One work though. As part of our discussions with customers, if we feel the claim is very complex, we would suggest that the customer takes their own independant advice, (in addition to our advice) but if we felt that there was a chance the claim would be successful, we would take it on. In this particular case, the sticking point, as already mentioned, will be the d-c-s relationship, if it doesn't exist then the chances of a claim being successful are very small, at this stage, we would probably advise the OP that we wouldn't deal with it for her. I got the impression that by the time any claim is submitted then the second surgery will already have been done.

The only way anyone will know whether a claim will be successful is to initiate one and see where it goes. If she has to fill in a form for this to be assessed then thats what she will have to do, there's no easy way around this. If i were her, i would do everything they asked me to do.

crystal_clear

I just wanted to say an open thank you. I am taking on board all the advice that has been submitted so far. I have contacted my legal helpline via my home insurance and filled in the neccesary claim form for a solicitor to look at and then get back to me within 5 days.

I have tried getting further help from my doctors but they seem very little to no help at all even with the knowledge of a lump appearing.

I booked the surgery for June as it was the only time I could physically guarantee getting time off work as all the rest of the holiday dates are taken through until end of October and i didn't feel I could take the risk of waiting that long to get the implants out if they had ruptured. I also did explore other avenues of getting others to do this procedure but on a cost level the price was just inflating out of my reach.
Having this surgery done by the same surgeon at a reduced cost does after a lot of too'ing and frow'ing seem my only available option. And financially yes this is putting a burden on me that I hadn't planned and if i could have gone and afforded the time to wait longer then i would most definately have done so and possibly have had other options with more money available to go elsewhere.

If i chose to delay now i would lose flights hotels and my holiday slot at work and not be able to get another slot until the end of October into mid November and then i have the uncertainty if I could find another surgeon to fit in that slot plus re financing the flights and hotel and also my friend comes with me she is tied on her holiday dates also. Its been a nightmare trying to do it all with the restrictions I have to work with.

One other thing I also noted is the legal issues and Hungary being mentioned. Hungary is an EU country so I do think although not 100% sure that I am better covered than if I was in non EU with regard to legal issues.

The need for deposit is stated in 2 seperate parts on site :
Once we hear back from our surgeons we will contact you with the information and also confirm the total prices for the recommended procedures. Then if you should decide that surgery in Hungary is the best option for you, we can discuss a suitable date with your surgeon, suggest suitable accommodation if you require this, and advise on flights. Once the actual surgery date is confirmed, we ask you to pay a deposit to ****** UK to secure the surgery slot. The final balance is due 14 days prior to your date of travel. At the time of booking we send you our comprehensive Health Questionnaire, which needs to be completed fully.


We take £500 (depending on the final estimated cost of the surgery) fully deductible deposit at the time of booking.
Payment for surgery can be made on arrival or at the hospital/clinic in EUR cash or to ******* UK by credit/Visa debit card prior to travel. This can be done over the phone

Thats Just 2 mentions on the site relating to how the deposit is made although mine was for £250 i paid cash balance to the surgeon minus the deposit.

The section 75 never entered my head until as i mentioned i saw the programme watchdog 19/4/2012 where Martin Lewis and Ann Diamond were discussing others in my situation. Which would also explain why I had already planned the surgery before asking for guidance on section 75. I will however contact the card company next week to see about starting off a claim as advised.

Crystal clear

pvt

crystal_clear wrote: »

where Martin Lewis and Ann Diamond were discussing others in my situation

I think you mean Anne Robinson rather than Ann Diamond. Though I suspect both are equally well qualified to speak on the subject of cosmetic surgery, bringing substantial consumer experience of it to the table.

crystal_clear

pvt wrote: »

I think you mean Anne Robinson rather than Ann Diamond. Though I suspect both are equally well qualified to speak on the subject of cosmetic surgery, bringing substantial consumer experience of it to the table.

Yes you are quite correct I did mean Ann Robinson I am sorry I think my head must be a tad frazzled now, what with all the questions and sorting I have done of late trying to make sure I do what I consider the quickest and safest for my health and trying to make sure where possible if I can, make a good claim for some of my money back at the same time.

Crystal clear