Faulty goods act - help or advice

jaimel134

To go into more detail they are damaged and are not fit for purpose after having two separate assessments with independent surgeons. Even though PIP supposedly have been deemed not as dangerous as first thought, they Are still not what she thought she purchased and needs them removed on safety grounds. Just want to clarify the likelihood of a successful claim especially when it was purchased on her mothers credit card.

System

arcon5 wrote: »

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.

That is what I meant, I just worded it badly

System

Jaimel134 wrote: »

To go into more detail they are damaged and are not fit for purpose after having two separate assessments with independent surgeons. Even though PIP supposedly have been deemed not as dangerous as first thought, they Are still not what she thought she purchased and needs them removed on safety grounds. Just want to clarify the likelihood of a successful claim especially when it was purchased on her mothers credit card.

If she wants them removed then if the original surgeon is unwilling to do it then removal can be had under the NHS (However the NHS will not replace).

I don't understand the thinking that because they have been identified as PIP they are now suddenly no longer safe. The implants have been in the body for 7 years without a problem. Implants on average last 10 years so even if they were another make they could still be heading toward their twilight years and failure. The risk hasn't changed, it is purely that the filling is not medical grade however it is not toxic and doesn't pose a greater risk to the patient.

They were just not made to the correct standard but still function as they should.

chattychappy

I don't think S75 will help.

For S75 to apply, the contract must be between the cardholder and the merchant. In this case, the contract would be between the daughter and the supplier with the mother picking up the bill. Ie the mother isn't buying the implants, merely paying on behalf of the daughter. (I would check the paperwork, though.)

Christmas presents sometimes come up. Here S75 covers these because although you are buying the present for someone else, the cardholder is the one making the purchase in the shop. Ie the cardholder is in contract with the shop.