| Adviced sought re section 75 consumer credit. [message #198958] |
Fr, 04 Februar 2005 15:46 |
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Hi There,
In July last year I had Laser eye surgery, which did not go too well. I
need glasses now as I did before, which in itself is not an issue,
however my "best corrected" vision with glasses now is worse than
before, visual accurity is not the problem, the isue relates to various
visual abberations that where not present prior to surgery. I am still
under the care of my original eye clinic, but I am not getting much
response from them with reference to the problems.
Now the problem. At the time of payment, I opted for 9 months
interest-free payment. This 9 months expires around March of this year.
According to the agreement I have up until that time to pay the balance
off without any interest. Should I not do so, then the credit agreement
kicks in, and it is at a rate of 26% pa over 3 years. I understand that
the credit company may be jointly liable for lack of delivery of the
require service for which I paid, under section 75. If I advise the
credit company that I am at issue with the eye clinic with regard to the
procedure that I purchased, and the "issue" extends past the 9 months
free period (i.e. past the date in March) and results in not finding in
my favour, will I then be locked into the 3 year 26% PA agreement ?,
even though I advised them I was contesting the issue prior to the
interest free period expiring ?
Regards
Ian McNeill
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| Re: Adviced sought re section 75 consumer credit. [message #198963 ] |
Fr, 04 Februar 2005 19:44 |
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In message <on2701dt9gnq6gq2u2nc8fit2imvfjd2fu [at] 4ax.com>,
imcneill [at] mccomp.REMOVETHISplus.ANDTHIScom writes
>Hi There,
>
>In July last year I had Laser eye surgery, which did not go too well. I
>need glasses now as I did before, which in itself is not an issue,
>however my "best corrected" vision with glasses now is worse than
>before, visual accurity is not the problem, the isue relates to various
>visual abberations that where not present prior to surgery. I am still
>under the care of my original eye clinic, but I am not getting much
>response from them with reference to the problems.
>
>Now the problem. At the time of payment, I opted for 9 months
>interest-free payment. This 9 months expires around March of this year.
>According to the agreement I have up until that time to pay the balance
>off without any interest. Should I not do so, then the credit agreement
>kicks in, and it is at a rate of 26% pa over 3 years. I understand that
>the credit company may be jointly liable for lack of delivery of the
>require service for which I paid, under section 75. If I advise the
>credit company that I am at issue with the eye clinic with regard to the
>procedure that I purchased, and the "issue" extends past the 9 months
>free period (i.e. past the date in March) and results in not finding in
>my favour, will I then be locked into the 3 year 26% PA agreement ?,
>even though I advised them I was contesting the issue prior to the
>interest free period expiring ?
The terms of the loan remain as stated and are not effected by s75 at
all.
S75 (as I understand it) merely means that any action you may chose to
take against the supplier for breach of contract in circumstances in
which S75 applies, which in this case is the supply of faulty services
being eye surgery can also be laid against the credit provider. It
doesn't invalidate, effect or negate the loan agreement at all.
With regard to your expression 'locked in', there will be some way of
repaying early without an excessive penalty.
--
John Boyle
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| Re: Adviced sought re section 75 consumer credit. [message #199007 ] |
Sa, 05 Februar 2005 16:41 |
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<imcneill [at] mccomp.REMOVETHISplus.ANDTHIScom> wrote in message
news:on2701dt9gnq6gq2u2nc8fit2imvfjd2fu [at] 4ax.com...
> Hi There,
>
> In July last year I had Laser eye surgery, which did not go too well.
> I
> need glasses now as I did before, which in itself is not an issue,
> however my "best corrected" vision with glasses now is worse than
> before, visual accurity is not the problem, the isue relates to
> various
> visual abberations that where not present prior to surgery. I am still
> under the care of my original eye clinic, but I am not getting much
> response from them with reference to the problems.
Can't really offer any help regarding the financial part, but I also had
a bad laser eye outcome. I didn't do my homework and was taken in by the
hard sell approach from one of the "pile-it-high, sell-it-cheap"
clinics. I can highly recommend a referral to Mr David O'Brart of St.
Thomas' hospital London or Mr Julian Stevens of Moorfields Eye Hospital.
Both are top UK refractive surgeons who also dedicate there time
correcting "bodged" laser eye ops from other private clinics with less
skilled surgeons. Depending on the severity of your outcome, you might
also want to consider legal advice.
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