Tesco CC, Ultralase and Section 75

braken2000

Hi,

Long time no post but in a massive pickle and could do with some guidance on this. To cut a long story short I have tried to bullet it below:
1. My sister paid for me to have laser eye surgery on her credit card with me paying her back every month
2. I now need retreatment as my eyes were really bad before (-10 and -11 for those who are interested) and a second zap will get them where they need to be
3. Ultralase went bust and was taken over by Optimax
4. Optimax will not honour the guarantee
5. Put in a S75 claim to Tesco CC (the card we paid on) who have responded saying they will not pay because the contract was in my name not my sisters

Obviously have loads of questions, but the main one is, is this right? I thought S75 covered anyone who used the card, and what if it was a gift?

I appreciate any help on this one guys :-)

battyboimatt

I'm sorry to say it, but yes this sounds right, for S75 it covers for goods and services ordered or to be benefited by the card holder not for other people. There are examples of claims like this on the finanical ombisman news in there publications

braken2000

Thanks batty, obviously not what I wanted to hear, but that's the law I guess. Do you think there is anything else I can do? Or have they got away with it?

braken2000

Also wanted to include the fact that the guy who owned Ultralase let it go bust, then sold it to Optimax and started a new company called Ultralase Eye Care or something similar

Tixy

braken2000 wrote: »

Also wanted to include the fact that the guy who owned Ultralase let it go bust, then sold it to Optimax and started a new company called Ultralase Eye Care or something similar

I know this doesn't answer your section 75 question but previously posts on the subject of ultralase suggest that Optimax will offer retreatments for people who previously benefitted from the ultralase guarantee for a 'significantly reduced' or 'nominal' fee. Have you explored that?

braken2000

Hi Tixy, I have indeed, the "nominal" fee is £195 per eye and £25 per check up, I am just loathed to paying it because of the promise of a lifetime guarantee which is now not being honoured :-(

battyboimatt

I feel for your braken, there are many stories on the internet about them not honering the lifetime warrenty, but sadly it's not worth much, it tends to happen with window companies as well offer life time warrenty, go bust and they set a new company up just to get out of the warranty. You could put in an offical complaint and take it to the Ombisman but I think you would have a slim chance, however nothing lost by trying.

braken2000

Would this be the financial ombudsman? I have raised something to ASA regarding the advertising, but that was more out of frustration more than anything. I assume a Small Claim would not be beneficial in this case?

System

Who would you be putting a small claims in against?

Optimax have no responsibility as it was not part of the purchase contract to take on Ultralase's guarantees.
Ultralase has gone bust so you won't get anything there
Ultralase Eye Care is a separate legal entity and has nothing to do with the old company (apart from having the same director)
The guy who owned the company is not liable because your contract is with the limited company and not the person

braken2000

!!!!!! you make an excellent point. I guess in desperation I would try anything right now. Thanks once again to everyone for your help :-)

Game_Over

Glasses ?