Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

[Stephlapop]

Hello everyone,

I'm wondering if anyone can offer me some advice regarding my situation.

In December 2011 my mum paid for a rhinoplasty for me on her Tesco Credit Card. To cut a long story short it was severely botched. We tried to take legal action against the doctor but didn't get very far as they disappeared from the country as several other former patients were in a similar boat to myself and trying to sue.

Last month we contacted Tesco and tried to make a claim under section 75 and today have received an email from them stating it has been refused as they are "unable to establish a debtor-supplier-creditor link" as the credit card is my mums and the surgery was performed on me.

Can we fight this? The surgery was a present for me paid for by my mum.

Thank you in advance for your help.

[MIKE770]

Re: Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

surely there is an invoice with full details on it referring to patient xxxx and case number with payment type / card number / and date? just my thought for starters?

[MIKE770]

Re: Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

common misunderstandings about claims made under section 75 of ...

www.financial-ombudsman.org.uk › publications › ombudsman news › issue 86

look through here and see if there is any common ground to your complaint???






then:- say as a last resort:-


alternatively make a complaint to TESCO and they would have to state that any answer is their final then off to Ombudsman, but a lenghty period in between??>

[Stephlapop]

Re: Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

Hi Mike,

Thanks for your quick response.

They're not not disputing the fact my surgery was paid for on my mums card but are using it more as loophole to say section 75 doesn't apply because the contract for the surgery would've been between me & the clinic rather than my mum even though it was paid in full on her card.

Heres a bit from the email...

"The effect of Section 75 of the Consumer Credit Act 1974 is that where payment is made for goods or services using a credit card, any claim against the supplier in respect of misrepresentation or breach of contract, he shall have a like claim against the bank, who, with the supplier shall be jointly and severally liable to the debtor.

However, under the terms of the Act, there has to be a ‘debtor-creditor-supplier’ agreement. In other words there must be a relationship between Customer (the debtor), the bank (the creditor) and the supplier. In this case, the contract is between Miss xxxx xxxx and Xxxx Clinic. As the contract does not involve the Debtor, xxxx Clinic we are unable to establish a ‘debtor-creditor-supplier’ link and such we are unable to progress your claim."

[MIKE770]

Re: Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

sure others with more knowledge will advise as this seems like a twist of fact here by Tesco, regardless of who paid for treatment, surely they cannot state that if paid by credit/debit card then siblings are not covered for work done in respect of them??? something smells here, how old were you?

[Stephlapop]

Re: Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

I was 21 at the time.

It doesn't make sense to me but can't seem to find anything online regarding section 75 when the cardholder has paid for something for someone else.

[Kati]

Re: Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

http://www.legislation.gov.uk/ukpga/1974/39/section/75 (debtor-creditor-supplier link Legislation)
and a bit of info/bumf on it - https://www.timeshareconsumerassocia...-relationship/

[Amethyst]

Re: Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

Sadly it does appear the card company are legitimate in turning down the complaint. Had you paid at least £100 on your own credit card you would have been covered, for personal injury caused by the contract, but as your mum paid for it all on her card for a contract between yourself and the surgery, then it falls down the gaps ( which are being taled about being looked at legislatively (regarding things like paying via Paypal / through a travel agent etc) but too late to help you )

As it was a service, provided directly to you, then there's no way around it like there might be had she bought you a gift that was faulty or hadn't arrived. There's no argument with personal surgery, it can only have been a contract between you and the surgery. Saying that it won't hurt you to take it to the ombudsman but it's a long shot.

Has this been through all other routes ? - what are the other patients of this doctor doing now he's skipped town?

[des8]

Re: Section 75 refused by Tesco Credit Card Debitor-Supplier-Creditor Link

If Stephlapop has Personal Accident insurance she could possibly lodge a claim for damage caused by the surgeon's negligence