Secton 75... Pip implants... Second card holder

embleton2012

In 2008 I decided to pay for my daughter to have a long awaited breast augmentation for her birthday. On the day we used my wifes card to pay as I didn't have mine on me, she isn't the account holder she just has a card for it. It was completely my decision to pay for the operation and I could kick myself now as she has the below standard PIP implants and I was hoping to claim the money from the credit card company. Anyone know where I stand?

missile

It does not matter which card was used. You have the same protection. Card company will not know or care which card was used for the purchase. As the account holder you will have to make the claim.

crystal_clear

Technically you purchased Goods and services that were not fit for the purpose they were meant for. The implants are of a substandard cohesive gel not fit for human use they are filled with industrial gel meant for matresses. It is irrelevant whom they were fitting inside. The point is you purchased and they are not fit for the purpose intended.

I have a thread with many replies myself covering this in cc board named cap one section 75 and pip implants. There are a lot of good pointers made on it.

Crystal clear

dazza.mk

embleton2012 wrote: »

In 2008 I decided to pay for my daughter to have a long awaited breast augmentation for her birthday. On the day we used my wifes card to pay as I didn't have mine on me, she isn't the account holder she just has a card for it. It was completely my decision to pay for the operation and I could kick myself now as she has the below standard PIP implants and I was hoping to claim the money from the credit card company. Anyone know where I stand?

It CAN matter which card was used, as there is a grey area re: Section 75 and additional cardholders, and obviously if there is a hole in the Section 75 claim the rest is irrelevant.

See link below....... (note the case referred to was only at a lower court so isn't a legal precedent but does highlight the issue),

http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=651

dazza.mk

The Financial Ombudsman has specifically endorsed this view in a precedent which would matter...... meaning and issues you would only be able to go via the Small Claims Court, a complaint to the FOS would be likely to fail.

Example 62/02
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htm

Billie1977

Hi I would just like to say the fos gave me a refund found in favour my partner paid for my implants cost of replacement surgery as my implants had ruptured I would go fos route good luck read my post about how there findings came about