Omni Capital dispute

Wmbed

Hi, new to this so will keep it as simple as I can for now.
1. I took out a loan from Omni Capital finance for my ex wife to have a gastric band (bad mistake, I know).
2. She had it fitted by The Hospital Group and was guaranteed for life.
3. After 2 years it went wrong (same time as our marriage) and it had to be removed.
4. Hospital Group refused to puts new one in.
5. Ex wife won't pay as was in my name so I refused.
6. Omni chasing me for money as loan in my name and I explained all to them etc etc.
7.I checked T&C's of my contract with Omni and explains about the faulty goods section.
8. Omni saying that in this case in doesn't count and I have to pay as Hospital group have been payed by them.
9. I explained that my debt is with them and not hospital group and that I did not sign anything with the Hospital Group,ex wife did in relation to the operation and the risks . Omni keep ignoring my issues and just send letters telling me I have defaulted etc.
So,what I'm asking is that am I liable still to pay if my ex wife no longer has the goods because they were faulty and The Hospital group have put on record it was not through any negligence etc.
Will give more details if required,but this has been ongoing for 18 months now and I have had enough.
Many thanks

Xbigman

Yes you are liable. If your wife is not on the agreement then she is irrelevant. This is the sort of thing that should be included in a divorce settlement but you will need to make the payments to OMNI as it is your loan.

The goods being faulty is a complete separate issue. If they were faulty then a refund is in order. Depending on how the loan was arranged it might be your wife, you or OMNI that get refunded.
If your wife gets the refund then morally she should pay off the loan but legally your only recourse would be to sue her unless, as mentioned above, you include this in any divorce agreement.



Darren

antrobus

If you have documentary evidence that The Hospital Group guaranteed the gastric band for life, but that it went wrong after two years, had to be removed. and that the Hospital Group refused to puts new one in, then you would have a claim against them for breach of contract.

Under s75 of the Consumer Credit Act 1974 Omni Capital Retail Finance are equally liable for any breach of contract.

(Omni Capital Retail Finance Ltd describe themselves as "Point of Sale Retail Finance Specialists " , so I think it's a good guess that a debtor-creditor-supplier relationship exists.)

jonesMUFCforever

antrobus wrote: »

If you have documentary evidence that The Hospital Group guaranteed the gastric band for life, but that it went wrong after two years, had to be removed. and that the Hospital Group refused to puts new one in, then you would have a claim against them for breach of contract.

Under s75 of the Consumer Credit Act 1974 Omni Capital Retail Finance are equally liable for any breach of contract.

(Omni Capital Retail Finance Ltd describe themselves as "Point of Sale Retail Finance Specialists " , so I think it's a good guess that a debtor-creditor-supplier relationship exists.)

Did Omni give you the loan to pay the hospital - or did they pay direct?
If you never actually handled the money yourself then what is written above IMO is 100% correct.