Section 75 credit card refund

Jhas84

Good morning

This is my first time post so please go easy on me lol! I was looking for some advise I have unfortunately had some rather shoddy nhs dental work done to the tune of £240 approximately the dentist has completely messed my crown fitting up and am going to have to get it re done and most probably privately. I paid on my credit card will I be protected from under section 75 as it’s a dental treatment and not a physical product. Many thanks in advance for your advise.

[Deleted User]

Section 75 covers transactions in general, from teeth to toes.

It gives you the same rights against the lender, as with the retailer (ie the dentist).

eddddy

Realistically, the process you will need to follow is likely to be...

• You tell the CC company that you want to make a Section 75 claim for Breach of Contract - because your dental work was not carried out with "reasonable care and skill".

• The CC company will probably ask you to get an expert's report (i.e. a report from another dentist to confirm). If you 'win', the CC company should also pay you the expert's fee back.

brook2jack

Payment for health related costs are covered by different regulations. As the service has been provided and a specialist opinion would be required to say it is not of a correct standard and that opinion will probably cost more than the NHS treatment then it would not be refunded on your credit card.

You need to complain , in writing, to the practice. They have to reply promptly. They also have to include details of how to escalate the complaint if you are not happy with their response. If the work is not of a suitable standard then they have to rectify the situation , which may include refunding NHS fees paid.

eskbanker

brook2jack wrote: »

Payment for health related costs are covered by different regulations.

Which ones, out of interest, and do you believe that they override the Consumer Credit Act or complement it?

glentoran99

Jhas84 wrote: »

Good morning

This is my first time post so please go easy on me lol! I was looking for some advise I have unfortunately had some rather shoddy nhs dental work done to the tune of £240 approximately the dentist has completely messed my crown fitting up and am going to have to get it re done and most probably privately. I paid on my credit card will I be protected from under section 75 as it’s a dental treatment and not a physical product. Many thanks in advance for your advise.

Why did you pay if it was messed up?

chattychappy

A friend of mine embarked on some cosmetic orthodontal work some time ago. After several sessions and around £4000 spent, she wasn't happy. Her verbal complaints were not taken seriously, so she asked my help.

I wrote a formal letter demanding a full refund within 14 days. I listed the complaints, alledged professional misconduct and negligence, and threatened a referral to the professional body concerned. I told her we would probably have to negotiate a deal.

To my surprise we received a cheque by return for the full amount.

So, don't underestimate the power of a well constructed, formal letter of complaint - listing the failings one by one, together with the impact they have had on you - be it pain or lost earnings. Many professionals do not want referrals to their professional bodies because of time and hassle it will involve.

brook2jack

eskbanker wrote: »

Which ones, out of interest, and do you believe that they override the Consumer Credit Act or complement it?

If it was a service not provided eg as happens when a practice has gone bust and payment was upfront then section 75 refunds are fairly straight forward. There is a problem when people have bought Dental offers via groupon and the practices have gone bust because the money did not go direct to the provider. I know quite a few who have struggled to get refunds when this has happened as it does on a regular basis.

The difficult issue is when someone is asking for a refund because of unsatisfactory treatment. The two relevant factors are

A following the complaints procedure to try to resolve things with the dentist

B proving the treatment provided is unsatisfactory. Eg in the NHS treatment is provided to secure health not to improve appearance so someone may be unhappy with the colour of a front crown provided but that doesn’t necessarily mean the treatment is not carried out well. On the other hand if the treatment is provided privately a cosmetically pleasing aspect is part of the accepted standards of treatment and an imperfect colour match would be unsatisfactory.

Because defining what is or isn’t acceptable in dental treatment requires an expert opinion and you will be asked to pay , upfront for the cost of the report yourself which can be in excess of £1000. http://www.expertwitnessdental.co.uk/cv-terms-sample-report/

The dental practice has to have a robust complaints procedure which can be escalated , if NHS treatment, to several parties. For private complaints the PCS (private complaints service) is also normally very quick. Contacting the practice direct will , in all likelihood, lead to a speedy resolution if there has been a fault with the treatment because they will be anxious to sort problems out as quick as possible.

Clinical negligence , which is why op is asking for a refund, is a specialised area and when asking for a section 75 refund the provider of the service is entitled to argue their version. This is when things get expensive and lengthy.

The quickest,simplest and cheapest way to proceed is to complain , in writing , to the practice. If you have seen another dentist include a copy of the treatment for replacement of the crown (if they have agreed it needs replacing). For NHS treatment complaints can be escalated ,ultimately , to the ombudsman who can order reparation.

eskbanker

^ Well yes, all of that is probably true but the same could be said for any s75 claims where independent expert opinion is needed, whether it's faulty cars, dodgy building work, etc, as covered in numerous threads on here. It doesn't mean that "Payment for health related costs are covered by different regulations" as such though, it's still fundamentally a s75 claim (if avenues such as complaint aren't productive).

PeacefulWaters

brook2jack wrote: »

Payment for health related costs are covered by different regulations.

Strange how those ladies with dodgy boob implants had successful section 75 claims.

As the service has been provided and a specialist opinion would be required to say it is not of a correct standard and that opinion will probably cost more than the NHS treatment then it would not be refunded on your credit card.

Consequential losses are covered by S75.

You need to complain , in writing, to the practice. They have to reply promptly. They also have to include details of how to escalate the complaint if you are not happy with their response. If the work is not of a suitable standard then they have to rectify the situation , which may include refunding NHS fees paid.

One option. Section 75 is another.

brook2jack

The case I know of with breast implants is where the lady had been examined and needed corrective surgery costing thousands but the surgeon who did the dodgy treatment had moved abroad and was uncontactable. Their medical indemnity was either non existent or they had declined cover. The section 75 refund was a last resort.

A very different case from a course of NHS dental treatment where the amount paid covers not only the crown but also examination, x rays and any other treatments necessary, where no admission of faulty treatment has been made so has to be proved and the amount is very very much smaller, the practitioner is still in the UK and contactable and local resolution has not been tried.