Mint refuse refund

Margaret_Millne · 23 July 2005 at 9:16AM

I always understood that when you paid for goods/services by credit card the card company was jointly responsible if things go wrong.

Mint have refused to make a refund for a deposit I made for a holiday, and the company has since gone into liquidation. Has anyone had any experience like this, and can anyone suggest the wording of a reply to make them sit up and take notice.

£254 is involved, so any help would be greatly appreciated.

northernlass_2 · 23 July 2005 at 5:29PM

hi there, i have never been in this situation before and do empathise with you. i have always found that if you get nowhere with the people themselves try a 2nd party, i use https://www.howtocomplain.com you just fill out the questionaire with your complaint then they do the rest, they even keep you updated along theway and give you opportunities to update them.
hope you get this sorted, that is a lot of money to lose

mountainofdebt · 23 July 2005 at 5:55PM

Is this any help?....

http://www.abta.com/publications/financial_protection_leaflet.pdf &
http://www.abta.com/benefits.html#contacts

jonesMUFCforever · 23 July 2005 at 7:19PM

Can you disclose the reason why Mint have refused to refund? Did you pay a travel agent or the holiday company direct?
I would think that if you contact Tradings standards they may also be willing to help you.
Eric

Alfie_E · 23 July 2005 at 10:45PM

Where was the credit card transaction processed? The bit of legislation that makes a credit card issuer jointly liable is Section 75 of the Consumer Credit Act 1974. Recently, there was a High Court ruling stating that Section 75 doesn't apply to foreign credit card transactions.

Because "holiday" usually means foreign holiday, things can get complicated. You might have thought that you were dealing with a British company. However, if the transaction is processed either by part of that company, a subsidiary company or a different company on their behalf, using banking facilities outside the UK, it's a foreign transaction. In that case, the credit card issuer isn't jointly liable.

(No, the above it not fair. The Office of Fair Trading intends to challenge the ruling).

Margaret_Millne · 23 July 2005 at 10:57PM

Thanks for the comments guys - I will look into them further.

Mints reason for refusing is "Tendering your Mastercard for payment of goods/services is a guaranteed method of payment. Unlike a cheque, on which a 'stop' can be placed, once you have quoted your card number or signed a sales voucher, you have given your irrevocable authority to debit the account".

I think this is bull!!!!, and will be challenging them on this.

For information, the company involved was a UK organisation, based in the Bath area.

I am not going to let this go without a fight.

wallet_2 · 23 July 2005 at 11:06PM

i once claimed for bike stolen within few 1 month of buying on cc.
they tied desparately to wriggle out by lots of different clauses.
tried to say it wasnt mine but my sons therefore it was a gift !!!
tried to say it wasnt locked properly.
but in end i got me dosh - but think on yer feet when you ring them

MarkyMarkD · 23 July 2005 at 11:10PM

Margaret

The explanation they've given seems to suggest they mis-understand the nature of your claim.

They sound like they think that you are claiming the transaction wasn't authorised and want the transaction reversed for that reason - which isn't the case.

Make it clear to them that you are claiming from them because they are jointly liable with the holiday company for the supply of the holiday, and the holiday company has gone out of business.

I've had claims settled by card companies on this basis before so I would expect them to roll over once they understand what's gone on.

jonesMUFCforever · 23 July 2005 at 11:13PM

Margaret_Millne wrote:

Thanks for the comments guys - I will look into them further.

Mints reason for refusing is "Tendering your Mastercard for payment of goods/services is a guaranteed method of payment. Unlike a cheque, on which a 'stop' can be placed, once you have quoted your card number or signed a sales voucher, you have given your irrevocable authority to debit the account".

I think this is bull!!!!, and will be challenging them on this.

For information, the company involved was a UK organisation, based in the Bath area.

I am not going to let this go without a fight.

Tell them in no uncertain terms that you have not tried not paying the merchant just that they have not provided what you paid for. Tell them they are jointly liable whether they like it or not.
They will refund you as long as they know your serious.
Eric

Margaret_Millne · 24 July 2005 at 11:51AM

Thanks for everyone's comments. I have written another letter to them, incorporating what you have all said, which was my understanding of matters, and will see what they have to say.

If this does not get the required result I will try third party intervention, as suggested.

Whatever the result, although I will not tell them this of course, the account will be cancelled.

Margaret_Millne · 4 August 2005 at 7:51AM

Margaret_Millne wrote:

Thanks for everyone's comments. I have written another letter to them, incorporating what you have all said, which was my understanding of matters, and will see what they have to say.

If this does not get the required result I will try third party intervention, as suggested.

Whatever the result, although I will not tell them this of course, the account will be cancelled.

Still waiting for a reply from them - how long should I wait before following up again?

Mint refuse refund

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