Getting the Money Back for a PIPS Operation

[Billie10]

Hi i hope someone can help me regarding a complaint and a request for a refund on my partners credit card.my partner paid for pip implants in 2007 for myself using his credit card.the company went into admisinstration in 2010 are unable to help.i asked the credit card company for help regarding this as further surgery is going to cost just over 3000 pound,i have sent them a copy proving the implants have ruptured and leaking so proving the faulty goods that were purchased isnt the problem with them.they are now stating to us that because my partner paid for them not me they have no contract with me so therefore accepting no liabilty for the costs of further surgery and just fobbed us off.so now we dont no what else to do does anyone know if i couod pursue this further with them or is what they saying a fact,they have been so unreasonable is beyond believe.me and my partner are currently paying the debt of together through the ccs.i really dont no what to do or were to go from here,would be very gratefull if anyone could advice or help many thanks

[Ubiquitious]

This is specialist. I'd seek professional legal advice regarding this, esp as it is health related.

[007coot]

Billie contact Hugh James Solicitors in Cardiff. Mark Harvey is the solicitor in charge of PIP claims. He has also been appointed by the courts as lead solicitor for all the claims regarding PIP implants as they have agreed that we can enter a group litigation. My case is well under way so contact them asap and they will advise you. It's going to be a very long process but we may get something eventually. It's been a big nightmare finding the money to pay to have them removed but so glad I did, they were in a terrible state

 

If you need anyone to talk to that knows what your going through feel free to pm me

 

Take care

[ims21]

Thread moved to the PIPS dedicated area

[MARTIN3030]

As regagards the issues with the CC company who was this ?

What was the original amount and when ?

Has there been charges and fees levied on the account ?

Is the account still open ?

Whats outstanding ?

[billie1]

Hi it was hsbc they said I'm a third party even though were a family and we both are paying the debt of through ccs,I've taken it to the fos now,but was wondering if I had any chance at court I have had them replaced now due to ruptured had to have them out with my gp advice,they account still open,outstanding balance is about 2100,I paid 1200 on credit card in 2007,I have now been told legally that the clinic insurance won't pay out either due to them been taken over by another clinic they are not taking any past patient liability I have rang around a few so my only way now is to fight this out with hsbc thank you for advice xx

[billie1]

Billie contact Hugh James Solicitors in Cardiff. Mark Harvey is the solicitor in charge of PIP claims. He has also been appointed by the courts as lead solicitor for all the claims regarding PIP implants as they have agreed that we can enter a group litigation. My case is well under way so contact them asap and they will advise you. It's going to be a very long process but we may get something eventually. It's been a big nightmare finding the money to pay to have them removed but so glad I did, they were in a terrible state

 

If you need anyone to talk to that knows what your going through feel free to pm me

 

Take care

Hugh James are not taking on people who had surgery were clinic has gone into administration xx

[MARTIN3030]

I have now been told legally that the clinic insurance won't pay out either due to them been taken over by another clinic they are not taking any past patient liability

 

It might be worth looking more into this,as they may still have a responsibility.

 

[billie1]

They insurance wont pay out either like you said it's fresh claim,it's honestly an absolute joke...my case is now with an adjudicator at the fos so just have wait see what they say that's probs my only chance now get my money back thanks x

[007coot]

Billie how are things going? I read on a PIP support group on facebook that one of the girls got paid out after going to FOS when it was paid on a partners card. x after all if my husband bought a cooker it would be "mine" for me to use although he had some benefits so I don't see how they can treat boobs differently and it seems that FOS agreed! x

[007coot]

actually I think we may already know each other ;-)

 

I've just looked back on the post to see if I could find any more info for you and I don't think you need it lol

[billie1]

Hiya thanks yeah it was me the fos went in my favour granted my claim to them under section 75.I will put below some paragraphs of what her findings were.

My partner had explained to them in his submissions that he used his credit to pay for the supply of goods services that is the provision of breast implants for his partner,myself my partner have confined that the repayment for his credit card is been managed by a third party and they both make payments to reduce the balance.they explain they are a family and contribute to all purchases made equally therefore I am satisfied that my partner and myself operate as one socio-economic unit.

Further more whilst the documentation from the procedure is in my name given the circumstances all contracts and paperwork needed to be my name it was not possible to have my partners name on any of the paper work or contract.therefore whilst I understand why hsbc feels there is no debtor creditor supplier chain given the circumstances I am satisfied that this chain exists with this is mind I am of the opinion that my partner is able to bring a claim under section c75.

Then just go on about the misrepresentation breech of contract stuff.they are refunding my replacement cost I never asked for any compensation or exspences but I think I can now approach them for this now the claim for section 75 has been allowed does anyone know if I can now do this,think I might contact a solicitor I believe I am the first person to recieve a refund in this way were as a relative or partner has paid for these implants I'm over the moon thanks guys xx

[007coot]

Woohoo! well done I'm really pleased for you. That's brilliant news.

 

I originally tried to claim from Cap1 but they rejected on the grounds it was my husbands card, I then went to Hugh james and luckily (or unluckily) because of my prolonged illnesses they took my case on even though it was over 7 years. They won't take my friends case on due to length of time and she paid cash

 

Glad you got it back, this will definately help others too.

 

Well done!

[billie1]

I know it really will my implants had ruptured so think that helped they going to pay us the money as well as we already paid for it they were going to take it off the debt but luckily they gonna send a cheque I'm with attwoods solicitors I'm gonna send them the fos decision as the said I might be able to get some compensation as the are liable for that as well all other exspences,plus I need revision surgery get lymph nodes removed as still get alot joint pain they r really big just want the out,I rang Hugh James but they wouldn't take my case on as the company I went with went into administration there is less than 25 per cent chance of winning good luck thanks alot xx

[Guest]

some general info, if paid out on loyds cr card may get money back from loyds, loyds agree to pay out generally.

http://www.bbc.co.uk/news/health-20935107

Edited January 9, 2013 by Ford

[Andy12]

I am get old credit card statements from Barclaycard. I don't know for certain if I paid for my wifes op with them, but it was either my Barclays debit card or my Barclaycard. However, Barclaycard are saying they have no record of an account with them. Sounds a bit dodgy to me!

[slick132]

Hi Andy,

 

This matter is being discussed on your own thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?378193-Barclaycard-Statements&p=4100159&viewfull=1#post4100159

 

This will avoid hijacking of Billie's thread here.