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my dad paid for my pip implants and section 75 claim refused
lisaf33
Posts: 11 Forumite
in Credit cards
hi, my dad purchased a breast augmentation in 2009 for me. these turned out to be PIP implants that were not made f medical grade silicone.
they were a gift from my dad who arranged the transaction over the phone and also needed to fill in a form with his detsils and sign it before payment could be made.
he applied to barcley card to claim a refund on section 75 and barcleys rejected the claim saying that my dad never had the contract with the cosmetic clinic.
my details had to go on the patient agreement for medical purposes and i was the one who went to the consultation (obviously) but it was my dad who bought the service.
he has sent this to the financial ombudsman so its a matter of waiting to see what the outcome will be.
does anybody have any experience of something similar?
they were a gift from my dad who arranged the transaction over the phone and also needed to fill in a form with his detsils and sign it before payment could be made.
he applied to barcley card to claim a refund on section 75 and barcleys rejected the claim saying that my dad never had the contract with the cosmetic clinic.
my details had to go on the patient agreement for medical purposes and i was the one who went to the consultation (obviously) but it was my dad who bought the service.
he has sent this to the financial ombudsman so its a matter of waiting to see what the outcome will be.
does anybody have any experience of something similar?
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Comments
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The person paying for the item must have the beneficial interest in that item, your dad does not have the beneficial interest in your implants so no direct supplier link exists so no S75 protection.0
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What was the point in starting a new thread if you have already found an almost identical one and posted in it?does anybody have any experience of something similar?
Section 75 is a stupid nonsensical law if applied to credit cards. Customers take advantage of it. Understandably, credit card companies do their best to find every possible excuse for not paying. One of the excuses is what you quoted in that thread:orangeglow1 wrote: »CC company said i am a third party and there is no contact with me .
MSE article: Section 75 refunds
> What's not covered by Section 75?
Also...you'll need to show the item/service provides some benefit to the primary cardholder to be covered. So if it was a family car or gift for the main cardholder, this is likely to be OK. But a solo flight for the additional cardholder wouldn't be.
This isn't technically written into the legislation, but is based on a ruling (62/02) by the Financial Ombudsman in 2007.
> I booked tickets for me and five friends. Are we all protected?0 -
Depending on where you are in the UK (England, Wales and Scotland all have different rules) you can, at the minimum, have the dodgy implants removed for free on the NHS thus removing the health risk from the PIP implants.
As I posted on the other thread, for a private operation you need to ask the firm who put them about it, or if they are not trading, the NHS in England/Scotland and NI will remove them, in Wales they will remove and replace
Do note, the PIP implants are not dangerous unless they burst, you can leave them in, they just advise you get them checked each year:
What if I decide to keep my PIP implants?
If you decide to retain your implants, have a yearly check-up with your doctor to make sure they are still intact.
Tell your doctor if you notice any signs of tenderness or pain, or swollen lymph glands in or around your breasts or armpits, as these may indicate a rupture.Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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Assuming your father is the account holder then he'd have to prove he had benefit from the purchase. Probably fairly hard to do on a daughters tit job0
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I really shouldn't laugh.InsideInsurance wrote: »Assuming your father is the account holder then he'd have to prove he had benefit from the purchase. Probably fairly hard to do on a daughters tit jobAre you for real? - Glass Half Empty??
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InsideInsurance wrote: »Assuming your father is the account holder then he'd have to prove he had benefit from the purchase. Probably fairly hard to do on a daughters tit job
I wonder how direct the relationship has to be...
If you were like the "richer than you" guy from Harry Enfield's show who bought his wife the surgery could you claim? What if you were a pimp or ran a strip club and bought them for one of your "employees"?Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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My dad did have the contract, it was agreed between himself and the cosmetic company that he would purchase a service for his daughter, he purchased faulty implants just because he wasn't the recipient of his purchase does not mean he didn't have a contract with that company because he did. He paid because of medical issues so yes it did benefit him as it was his own daughter that was affected.
I just wanted some advice if anybody has had a successful claim this way.0 -
I assume, in the 3 weeks since posting your OP or maybe as soon as he got the final response from Barclaycard, you've visited the FOS website and read the case studies and annual reports there regarding this issue?0
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No, I can't actually find anything similar on the fos website.0
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