Here's a question that cropped up in my dealings with the public this week. I don't know the answer ... can you help?

by , 9 months ago

A woman has a breast augmentation operation at a private clinic and pays the £3500 cost on her credit card. The operation does not go well and some people would say went 't*** up' or in this case, more appropriately, 't*** down'. Now the question is, does the credit card company hold any liability here?

The Financial Ombudsman Service states 'Paying for goods or services by credit card is now a major part of daily life, with many people preferring this method of payment to using cash or cheques. An advantage of using a credit card is that, under section 75 of the Consumer Credit Act 1974, customers who have a claim against a supplier for breach of contract or misrepresentation will generally have an equal claim against the card issuer'.

Any thoughts on this? Serious responses please.

Responses (1)

Interesting question, Snoops! And also interesting is the fact that the highly respected 'Which' recommend that you pay for cosmetic surgery using your credit card for that very reason!

Under their 'Do's and don'ts of paying for cosmetic surgery', they say, and I quote...

'Do consider using your credit card. It may give you more protection if something goes wrong - even if you only use it to pay for part of the treatment. See our free information on credit card additional rights.'

http://www.which.co.uk/campaigns/food-and-health/cosmetic-treatments-guide/paying-for-cosmetic-treatment/

by fruitcake, 9 months ago

That's actually a great comment you make Fruitcake because when I had my operation back in May 2009, admittedly not cosmetic but remedial surgery, this was paid for via PMI. So I wondered if any additional protection, such as may have been available had I paid via a credit card, would have been available via the insurance company? And how does one stand, I wonder, for surgical procedures, funded by a credit card, but also subject to the patient signing the 'routine disclaimer' for all known risks that the patient has been made aware of and accepts?

by Snoopy48, 9 months ago

I wondered about the 'routine disclaimer' aspect as well, Snoops.

by fruitcake, 9 months ago

Surely there's a difference between the Routine disclaimer and negligence. I don't know, never been down this route.

by roseangel, 9 months ago

To me, the difference would be that the 'routine disclaimer' is basically that all surgery comes with some risks that can't be avoided and that those risks have been explained to you, hence the consent form, whereas negligence would not be included in that, as clearly that could be avoided.

Personally, I would never even contemplate cosmetic surgery!

by fruitcake, 9 months ago

Me neither, Fruits, I'd rather go shopping!!!

by Feline123, 9 months ago

Lol, Feline! Me too, and that's saying something!:-)

by fruitcake, 9 months ago

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