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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Getting the Money Back for a PIPS Operation


Billie10
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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

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  • 1 month later...

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

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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 ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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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

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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
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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.

 

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

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

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  • 1 month later...

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

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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

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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! :-)

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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

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  • 4 months later...

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!

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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. :-)

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