How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I had a dental bridge fitted I paid credit

Customer Question

Hi I had a dental bridge fitted for which I paid for by credit card cost about £3 200 pounds now the bridge is failing and needs to be redone and is going to cost thousand according to my new NHS dentist.
My question is this covered under section 75 ? and could I get my money back through the card company ?.
I have an ongoing case for negligence against the dentist as my mouth is constantly infected casing me great discomfort and sometimes pain.
He is no longer at the practice and when he did the work he said he guarantee the work for tenure till his retirement 9 nine years that been the reason I chose to have the work done by him even though he was more expensive than other dentists .
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, when was this treatment carried out?
Customer: replied 1 year ago.
about 2 years ago I can get actual date if it helps
Expert:  Ben Jones replied 1 year ago.
it's ok thanks, ***** ***** needed an approximate date. Was your agreement with the dentist personally or the company he worked for?
Customer: replied 1 year ago.
well I spoke to him since the practice has since change hands and shortly after that he left
Customer: replied 1 year ago.
hello
Expert:  Ben Jones replied 1 year ago.
This could indeed be covered under section 75 protection because that covers goods and services bought on a credit card. You must have paid for the service directly to the provider, so used the credit card at the practice, rather than paid using a third party payment service, such as PayPal. You will also only be covered if there has been a breach of contract or a misrepresentation by the supplier of the goods and services. In your case you would be arguing that it was a breach of contract because you were not provided with the quality of service for which you paid. In the first instance you need to try and start the claim directly with your credit card provider. They will assess the merits of the claim and make a decision. You can challenge it if you disagree and should use their complaints policy to its full extent. If you still have no resolution, you can take the matter to the Financial Ombudsman for independent resolution. You can also try and pursue the dentist directly via the small claims court, although as there will be costs involved only use that as a last resort. This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to prepare yourself for possible court action, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you for the rating. Should you decide to take this further, you can treat the money you are after as a debt. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.