RBS reject monarch claim

2

Comments

  • daveyjp
    daveyjp Posts: 12,502 Forumite
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    Unless you were gifting them the tickets, surely the other members of the party were going to pay anyway.

    Can’t see why you should foot their debt!
  • I paid through PayPal using the cc
    That is exactly why your claim failed.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
    Combo Breaker First Post First Anniversary Newshound!
    edited 29 October 2017 at 12:28PM
    daveyjp wrote: »
    Unless you were gifting them the tickets, surely the other members of the party were going to pay anyway.

    Can’t see why you should foot their debt!

    Sadly, even 'good friends' can be slow to pay their debts. Money owed to friends often sits at the very bottom of financial priorities. "Ah it's been a really hard month and I'm struggling for the rent/gas/council tax..." etc. This forum is full of tales of relationships ruined over a few quid.

    Edit to add: Sorry, that's rather gloomy. I'm sure the OP's friends are lovely!
  • Westin
    Westin Posts: 5,938 Forumite
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    Did you look at that link I pointed you towards?

    Information there if you paid on a credit card via PayPal. Extract below:-
    Goods/services bought through intermediaries – travel agent, group-buying sites, PayPal etc
    You're unlikely to be covered when payments are made to a company that isn't the one providing you with the product or service. In these cases, the credit card company usually says it didn't have a direct relationship with the supplier, so isn't equally liable.

    If you stand your ground, it's possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it's unlikely to be an easy task.

    The first main area is paying via an online processor such as PayPal, Worldpay or Google Wallet. Though these can have their own refund systems, they aren't as strong as the legal protection of Section 75.

    Broken vase
    There have also been recent cases where people buying goods on Amazon through 'Marketplace' suppliers have been turned down for Section 75 claims by credit card companies. Some opinion says these SHOULD be covered, but it may be a fight to make it happen.

    You could be covered paying through PayPal – but only with some sellers

    For this, you need to look whether the company you're buying from has a 'Commercial Entity Agreement' with PayPal. If they do, and you paid by credit card, then you may still be able to make a Section 75 claim. It's worth checking it out, but PayPal's Buyer Protection is likely to be simpler and faster. Leave Section 75 as a last resort if you can't get any joy from either the seller or PayPal.

    However, we asked the Ombudsman and it said although PayPal appears as the merchant on the cardholder's statement, it cannot be seen as the supplier in a debtor-creditor-supplier agreement under section 75. That's because it acts as the payment intermediary by transferring the money from the buyer's account to the seller's account. This means it breaks that chain to be considered under section 75.

    The Ombudsman said there could be circumstances where the necessary relationship may exist, depending on the capacity in which PayPal is acting. For more information see Martin's Warning! Don't use PayPal to pay on a credit card guide.
  • Leeman82 wrote: »
    As the title says, rbs have rejected my monarch claim.
    I paid £500 for an outbound flight next year for 6 people in full on my credit card.

    On the say of the collapse I phoned the bank and was advised to fill in the online claim form which I did. Today I received the following message from RBS

    We have received your dispute request with Monarch.
    We regret to inform you that we are not in a position to support you regarding this dispute. Please contact the retailer directly to get this resolved.
    For any other queries, please contact us on our number 0800 161 5166. Lines are open 8am to 8pm Monday to Friday and 8am to 6pm Saturdays.

    I have since been back to the site and they now have a monarch specific claim form and needs filling in a certain way. I jave submitted the claim again hoping gor a different outcome.

    Has anybody else had any outcomes like this and what did you do next?

    Can be a few reasons such as booking via a travel agent etc.

    No bank will be paying out under s75 until the chargeback timeframe has expired, bit of an internet myth to say otherwise

    Generally speaking it’s just flights booked before 15/12/16 paid on credit card and package holidays paid on debit card (any date) where Atol will refund rather than the card provider.
  • AllieKat
    AllieKat Posts: 109 Forumite
    Both the CC company and you have to abide by the rules. If the rules say you should be paid out, then push for it and ask why it is being refused. If they show you why you are not eligible, then that’s that, and it doesn’t matter whether you can afford to lose it or not.

    I completely disagree, the law is the *minimum* they must do for you. To not do more in this case, even if the law is on their side, is terrible customer service.

    This is why I always use my Amex card for large purchases like this, they've taken care of me before on things they definitely didn't legally have to.
  • meer53
    meer53 Posts: 10,217 Forumite
    First Post First Anniversary Combo Breaker
    AllieKat wrote: »
    I completely disagree, the law is the *minimum* they must do for you. To not do more in this case, even if the law is on their side, is terrible customer service.

    This is why I always use my Amex card for large purchases like this, they've taken care of me before on things they definitely didn't legally have to.

    So you think RBS should start refunding people out f the kindness of their hearts ? They're running a business with strict terms and conditions, not a charity. Where would you expect them to draw the line once they start doing this ?
  • Chapuys
    Chapuys Posts: 156 Forumite
    First Anniversary Combo Breaker
    edited 3 November 2017 at 9:29PM
    This is the reason I got Paypal Credit because if you pay by a bank credit card through Paypal then section 75 is between RBS and Paypal, not RBS and Monarch. As far as RBS is concerned Paypal was paid and you got the service Paypal provided - transferring money to Monarch. RBS doesn't see this as £500 for flights. They see it as £500 to pay Paypal who then provided you a service. Therefore your claim was rejected unfortunately. Try the chargeback angle as it may work.

    Paypal Credit on the other hand is between Paypal and anyone you pay through Paypal so you could claim section 75. I know it doesn't help now, but it is the grey area in the law right now.
    Anything I say in no way constitutes financial advice and anything you do is your own decision.
  • Paying via PayPal shouldn’t invalidate the claim unless the transaction was paid via PayPal after cash was deposited first. If the card was used at the point of sale it’s fine.

    Not a single bank will be paying out under s75 at this stage other than for consequential loss, will be chargebacks all the way. 100%
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Name Dropper First Post First Anniversary
    Paying via PayPal shouldn’t invalidate the claim unless the transaction was paid via PayPal after cash was deposited first. If the card was used at the point of sale it’s fine.

    Not a single bank will be paying out under s75 at this stage other than for consequential loss, will be chargebacks all the way. 100%

    I always thought that chargebacks would fail where the company went into administration, that's a hell of a liability for their bank.

    We've also seen all sorts of problems with even straight PayPal transactions as they try and get out of their liability.

    Very interested to hear people's experiences in this case.
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