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Section 75 pip implants hsbc update fos decision!
Billie1977
Posts: 10 Forumite
in Credit cards
Hi I've started a new thread sorry but but I have been having trouble logging into my other account.anyway I've had a decision from the fos regarding my claim as my partner had paid for them but the company had gone into administration.I will put paragraphs below of the main parts of there decision is as follows
The crux of the complaint is whether the contract with the supplier ( surgicare limited ) was formed in such a way that mr xxxx was a party to it.
Mr xxxx has explained in his submissions that he used his credit card to pay for the supply of goods and services that is the provision of breast implants for his partner miss xxxx.mr xxx and miss xxx have confirmed the repayment of his credit card is being managed by third party and contribute to all purchases made equally therefore I am satisfied that mr xxx and miss xxx operate as a one sociology economic unit.
Further more whilst the documentation from the procedure is in miss xxx name given the circumstances all contracts and paperwork needed to be in miss xxx name,it was not Possible to have mr xxxx name on any of the paperwork or contract,therefore whilst I understand why hsbc feels there is no debtor-creditor-supplier chain,given the circumstances I am satisfied that this chain exists with this is mind I am of the opinion that mr xxx is able to bring a claim under section 75.
Section 75 entitles the consumer an equal right in certain circumstances to claim against the creditor if there is a misrepresentation or breech of contract by supplier under the relevant legislation goods need to be fit for purpose and defect free.it is widely know and publicised that the implants in question were not fit for purpose as they contained industrial silicone rather than medical grade silicone there is clear that there is a clear demonstration that there has been a breech of contract as a result..
So good news they dealt with my case within weeks of recieving my forms,I'm so happy I've had my replacement so I'm waiting for a cheque would like to thank everyone who helped me before I hope this helps others as well sorry for long post just wanted to get in all important parts of what they said couldn't done it without you,s xxxx
The crux of the complaint is whether the contract with the supplier ( surgicare limited ) was formed in such a way that mr xxxx was a party to it.
Mr xxxx has explained in his submissions that he used his credit card to pay for the supply of goods and services that is the provision of breast implants for his partner miss xxxx.mr xxx and miss xxx have confirmed the repayment of his credit card is being managed by third party and contribute to all purchases made equally therefore I am satisfied that mr xxx and miss xxx operate as a one sociology economic unit.
Further more whilst the documentation from the procedure is in miss xxx name given the circumstances all contracts and paperwork needed to be in miss xxx name,it was not Possible to have mr xxxx name on any of the paperwork or contract,therefore whilst I understand why hsbc feels there is no debtor-creditor-supplier chain,given the circumstances I am satisfied that this chain exists with this is mind I am of the opinion that mr xxx is able to bring a claim under section 75.
Section 75 entitles the consumer an equal right in certain circumstances to claim against the creditor if there is a misrepresentation or breech of contract by supplier under the relevant legislation goods need to be fit for purpose and defect free.it is widely know and publicised that the implants in question were not fit for purpose as they contained industrial silicone rather than medical grade silicone there is clear that there is a clear demonstration that there has been a breech of contract as a result..
So good news they dealt with my case within weeks of recieving my forms,I'm so happy I've had my replacement so I'm waiting for a cheque would like to thank everyone who helped me before I hope this helps others as well sorry for long post just wanted to get in all important parts of what they said couldn't done it without you,s xxxx
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Comments
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Good news. Who are you waiting for the cheque from ?0
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Hi lloyds tsb I believe my reciets for my operation were paid for by my mum so it will just go to her thanks for helping me before cannot believe how quickly they dealt with it was only few weeks,do you know under section 75 can I claim compensation my loss of earnings from work now or not0
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You'll need to speak to Lloydstsb about consequential losses. Are you just getting back the cost of your replacements then ?0
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Yeah I never thought you could but I never got paid from been of work ect was just wondering they just granted the claim under section 75 so was never asked about it as I didn't no thanks0
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Consequential losses are covered under section 75, but I would imagine you'll have to mitigate them...
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm et al0 -
Hi I'll read through that but already accepted now so just glad that I got the cost of replacement as we would of been struggling financially cannot be bothered with the chew on from them to be honest0
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You seemed rather keen 25 minutes ago (in post #3). Why the sudden change of heart?Billie1977 wrote: »cannot be bothered with the chew on from them to be honest0 -
I am it's my partner he saying the case as been closed now so no point means going back to them again letters ect also we would need a solicitor0
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How much are we talking?Billie1977 wrote: »I am it's my partner he saying the case as been closed now so no point means going back to them again letters ect0 -
My replacement surgery I got cost for 3186 I lost 2 weeks of work about 400 pound so not hardly worth it I thought for some reason they had pay compensation for having another op but cannot see it in the fos link you gave me then I think we would need a solicitor0
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