Faulty goods act - help or advice

jaimel134

I hope this in the right section. I am looking for assistance on the following regarding sale of faulty goods act.

My partner had a cosmetic procedure 7 years ago, it has recently come to light recently that this procedure used faulty goods.
It was brought up on watchdog recently that we can look to claim back the money as it was paid for on a credit card.
The grey area in all of this is that it was paid on someone other than my partners credit card. Do we still have a claim?

bigadaj

Might be down to who had the beneficial use, heh heh!

Whose card was it paid on as I assume they would have to eb involve and aware?

jaimel134

It was her mothers card

System

I think Sect 75 protection only lasts as long as SOGA would protect you I.E. 6 years so would not be applicable.

Buzby

Agreed - whether the underlying treatment had product issues, after seven years there would be no legal recourse after this period of time. If it had become evident within the first year or so, then there would be a good chance of taking it further.

As they say, time is a great healer and if it is only now you feel there are issues, you would have to demonstrate why it took you so long to complain.

I don't believe the complaint would have been covered under SOGA, it would have to be a 'service' and if a medical proceedure, then against the practicioner for using the product - not for you to chase the product manufacturer. However in view of the timespan, I don't see this happening either. Sorry.

jaimel134

Thanks but it has been stated that because the goods have only been diagnosed, want for a better word in the last 6 months them it can only be started from then.

jaimel134

To clear things up I am talking about PIP implants

bigadaj

Well make a claim then, it won't cost you anything.

jaimel134

I do plan to, I just wanted to be clear up whether it will cause any issues that it was paid on her mothers credit card.

arcon5

!!!!!! wrote: »

I think Sect 75 protection only lasts as long as SOGA would protect you I.E. 6 years so would not be applicable.

SOGA doesn't protect you for 6 years. SOGA merely refers to length of time as 'reasonable'.
The statute of limitations has the 6 year limit.

Jaimel134 wrote: »

To clear things up I am talking about PIP implants

I could be thinking of something else here, but wasn't it recently on the news that the PIP implants do not pose a danger?

arcon5

I believe this would be covered by the Sales of Goods and Services Act. Although you would need to prove the fault is inherent. You would also need to determine the life span of these implants to see if they have lasted a reasonable time or not