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It does, however, open the door As a tactical decision, it does, however, mean some people who are fighting for refunds from implant companies may want to switch target to their credit card provider if their implant company has a militant "no refund" stance.
After all, credit card companies have far deeper pockets and are less likely to be pushed into administration as this doesn’t affect their entire business model. (Please note whether that’s fair or not is a discussion for a different day.) At the very minimum, if I were a Lloyds customer who’d paid on a credit card, I would see this as a strong option. It also allows you to fight at the Ombudsman not the courts One real advantage here for those who paid on credit cards is that they can appeal to the Ombudsman rather than the court if they are turned down by their provider.
With consumer rights, if you complain to a company, and it turns you down, you’d need to go to court. While hopefully you’d be put in the ‘small claims track of the court, which means you can’t have massive costs awarded against you, there is no guarantee of this.
Yet if you’re challenging a finance company’s decision, eg, a credit card company refusing to pay out under Section 75 rules, then you can go, for free, to the Financial Ombudsman Service, without lawyers and with a much more simple process (full info in the Financial Ombudsman guide).
Plus, while courts can only decide based on the law, the Ombudsman looks at three pieces of info:
– The law.
– Whether you’ve been ‘treated fairly’.
– Standard industry practice.
You may be thinking "being treated fairly" is woolly, and indeed it is. But that’s to your advantage, as it’s a much more diffuse characteristic. Plus, after the Lloyds decision, you could argue we already have some industry practice in favour of paying out.
I hope some will find this brain dump useful – with these issues, it’s partly about waiting to see how things pan out. I’d love your comments below, especially if there are any consumer lawyers reading this.