Smile direct club - payed in full on credit card

Hi all, 
I’ve seen lots of posts about smile direct club on here but most are for people who are still paying through tabeo or HFD. My situation is that I paid in full on my credit card (capital one) so I have already made my full payment to smile direct club and paid of the card with capital one. As they are no longer trading and can’t offer me the lifetime guarantee promised could I complete a section 75. And if I did would the credit card provider then go to smile direct to get me the money back as they are no longer trading or would they just take my word and give me the money back.

Comments

  • pushpull
    pushpull Posts: 50
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    Not really,

    The CC Co only has liability for 6 years from the cause of action so the "Lifetime Guarantee" isn't quite as "Lifetime" as it was sold to you as by Smile Direct.

    Realistically the "cause of action" in this case would be when you entered into a contract with SD.

    If something happened in the meantime, sure, but you won't get to hold the CC company liable for the duration of the "lifetime" SD was advertising.
  • marcia_
    marcia_ Posts: 1,473
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    edited 11 February at 10:35AM
    pushpull said:
    Not really,

    The CC Co only has liability for 6 years from the cause of action so the "Lifetime Guarantee" isn't quite as "Lifetime" as it was sold to you as by Smile Direct.

    Realistically the "cause of action" in this case would be when you entered into a contract with SD.

    If something happened in the meantime, sure, but you won't get to hold the CC company liable for the duration of the "lifetime" SD was advertising.
    That's wrong. S75 holds the credit provider responsible ie the credit card company and you can claim the money from them. 
  • born_again
    born_again Posts: 13,553
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    Abrown057 said:
    Hi all, 
    I’ve seen lots of posts about smile direct club on here but most are for people who are still paying through tabeo or HFD. My situation is that I paid in full on my credit card (capital one) so I have already made my full payment to smile direct club and paid of the card with capital one. As they are no longer trading and can’t offer me the lifetime guarantee promised could I complete a section 75. And if I did would the credit card provider then go to smile direct to get me the money back as they are no longer trading or would they just take my word and give me the money back.
    How long ago did you pay?

    Re above. If a S75 claim was made & Successful. You would be asked to sign full & final settlement on the matter. You can not keep going back for more.

    At best all you would get is the amount paid. Depending on just what was received.
    Had you teeth been aligned as required. CC could argue that nothing is due, as there is no need. But there could be a claim if it was proved later that they had caused a issue.
    Life in the slow lane
  • Abrown057 said:
    Hi all, 
    I’ve seen lots of posts about smile direct club on here but most are for people who are still paying through tabeo or HFD. My situation is that I paid in full on my credit card (capital one) so I have already made my full payment to smile direct club and paid of the card with capital one. As they are no longer trading and can’t offer me the lifetime guarantee promised could I complete a section 75. And if I did would the credit card provider then go to smile direct to get me the money back as they are no longer trading or would they just take my word and give me the money back.
    How long ago did you pay?

    Re above. If a S75 claim was made & Successful. You would be asked to sign full & final settlement on the matter. You can not keep going back for more.

    At best all you would get is the amount paid. Depending on just what was received.
    Had you teeth been aligned as required. CC could argue that nothing is due, as there is no need. But there could be a claim if it was proved later that they had caused an issue.
    It was 12 months ago and my initial treatment was a success I’ve had to have 2 loads of touch up slingers due to movement with my teeth. 
  • born_again
    born_again Posts: 13,553
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    Forumite
    Abrown057 said:
    Abrown057 said:
    Hi all, 
    I’ve seen lots of posts about smile direct club on here but most are for people who are still paying through tabeo or HFD. My situation is that I paid in full on my credit card (capital one) so I have already made my full payment to smile direct club and paid of the card with capital one. As they are no longer trading and can’t offer me the lifetime guarantee promised could I complete a section 75. And if I did would the credit card provider then go to smile direct to get me the money back as they are no longer trading or would they just take my word and give me the money back.
    How long ago did you pay?

    Re above. If a S75 claim was made & Successful. You would be asked to sign full & final settlement on the matter. You can not keep going back for more.

    At best all you would get is the amount paid. Depending on just what was received.
    Had you teeth been aligned as required. CC could argue that nothing is due, as there is no need. But there could be a claim if it was proved later that they had caused an issue.
    It was 12 months ago and my initial treatment was a success I’ve had to have 2 loads of touch up slingers due to movement with my teeth. 
    So at best if you got a pay out it would be for the  cost of the work.
    Life in the slow lane
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