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  • FIRST POST
    • silvercar
    • By silvercar 2nd Oct 17, 8:55 AM
    • 36,218Posts
    • 153,101Thanks
    silvercar
    0 WOW
    Monarch Airlines stops trading - latest info and your rights
    • #1
    • 2nd Oct 17, 8:55 AM
    0 WOW
    Monarch Airlines stops trading - latest info and your rights 2nd Oct 17 at 8:55 AM
    Official MoneySavingExpert article:

    Monarch Airlines help

    We're updating this guide throughout the day with answers to new questions when we get them. If you have a question not answered in that guide post it below and we'll do our best to help.

    Huge thanks to silvercar for starting this discussion thread as Monarch news has been changing so quickly. Also see our Section 75 refunds and Visa, Mastercard & Amex Chargeback guides.

    Watch Martin's tips for fighting your corner if your chargeback request is rejected:

    Last edited by MSE Andrea; 11-10-2017 at 10:33 AM.
    I'm a Board Guide on the Debate House Prices & the Economy, House Buying, Renting & Selling, Mortgages and Endowments, In My Home incl DIY, Overseas Holidays & Student boards.
    I volunteer to help get your forum questions answered and keep the forum running smoothly.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of moneysavingexpert.com.
Page 22
    • danielson81
    • By danielson81 12th Oct 17, 5:35 PM
    • 124 Posts
    • 30 Thanks
    danielson81
    anyone heard anything new from lastminute.com? Last I heard was they were trying to get refunds for people but that it may take up to 60 days...
    Originally posted by Davidnotmark
    I was due to fly tomorrow on a flight/hotel deal with ATOL etc.

    Last Friday (6th) they emailed me to say they couldn't find alternative flights etc and would refund the total cost of the holiday.

    Yesterday (11th) they emailed me to say the refund had been processed and should appear soon.

    Edit - Refund received today (13th)
    Last edited by danielson81; 13-10-2017 at 9:52 AM.
    • Highspirits
    • By Highspirits 12th Oct 17, 9:24 PM
    • 44 Posts
    • 14 Thanks
    Highspirits
    Would really appreciate forum users opinion please.

    I have received my letter from CAA ref claiming the cost of my ATOL protected Monarch package holiday from my credit card. I paid with one credit card and then closed that card account transferring the balance to a new credit card with 0% interest!

    Which credit card company should I be sending the completed form to or does the above mean I will be unable to claim against either of the credit card companies? Beginning to get quite anxious that I have lost my money.
    • bigadaj
    • By bigadaj 13th Oct 17, 3:45 AM
    • 10,803 Posts
    • 7,100 Thanks
    bigadaj
    Would really appreciate forum users opinion please.

    I have received my letter from CAA ref claiming the cost of my ATOL protected Monarch package holiday from my credit card. I paid with one credit card and then closed that card account transferring the balance to a new credit card with 0% interest!

    Which credit card company should I be sending the completed form to or does the above mean I will be unable to claim against either of the credit card companies? Beginning to get quite anxious that I have lost my money.
    Originally posted by Highspirits
    The card in which you made the payment.
    • bradders1983
    • By bradders1983 13th Oct 17, 12:40 PM
    • 81 Posts
    • 18 Thanks
    bradders1983
    Ive just received an email from the administrators. May confuse a lot of people who still have no idea which route to go down to get their package holiday money back.
    • Acemoneysaver17
    • By Acemoneysaver17 13th Oct 17, 1:27 PM
    • 9 Posts
    • 1 Thanks
    Acemoneysaver17
    Email from Tesco
    Have received this email from Tesco this morning. Hopefully it will not be too long before we get our money back!

    We have received a large number of Monarch claims from customers and are doing all we can to process these as quickly as possible. We have established a dedicated team of colleagues to review all Monarch claims and to process your case, however due to the number of claims received this is taking a little longer than we anticipated.

    All claims received between 02/10 and 08/10 are being reviewed now and we anticipate that these claims will be reviewed by the end of October.

    If we require any additional documentation from you to enable us to process your claim, we will contact you directly.

    Thank you for your email and patience in relation to your Monarch claim.

    Tesco Bank Disputes team
    • GGardner
    • By GGardner 13th Oct 17, 2:44 PM
    • 10 Posts
    • 7 Thanks
    GGardner
    Paypal 180 day update
    After raising a dispute, it being closed, emailing another complaint, calling and speaking to a rather rude agent who told me to basically forget it and tweeting....

    PayPal have emailed saying they've decided to waiver the 180 days and give me a full refund

    So - encouragement to all....persist!!!
    • Saraht
    • By Saraht 13th Oct 17, 3:05 PM
    • 3 Posts
    • 0 Thanks
    Saraht
    Hi,

    Some advice would be appreciated, following the collapse of monarch a couple of weeks ago I logged a claim with my credit card company for a section 75 claim. I have had an acknowledgement letter today but the following sentence concerns me.
    ' the company acknowledges that where there has been a breach of contract by a supplier you may also have a claim against the credit provider under section 75 of the consumer credit act 1974. However on this occasion we believe the most appropriate route is not to deal with your dispute under section 75 and we will be seeking to chargeback the transaction to monarch airlines on your behalf'
    'In order to process the chargeback you are required to complete a disclaimer which we will send to you within the next 7 days'

    Although I don't have this disclaimer form yet I have concerns that this disclaimer will be something that will remove the credit card companies liability to pay out under section 75 if the chargeback fails.
    Does anyone have any knowledge of this process & whether I am right to be concerned.

    Many thanks
    • silvercar
    • By silvercar 13th Oct 17, 3:06 PM
    • 36,218 Posts
    • 153,101 Thanks
    silvercar
    After raising a dispute, it being closed, emailing another complaint, calling and speaking to a rather rude agent who told me to basically forget it and tweeting....

    PayPal have emailed saying they've decided to waiver the 180 days and give me a full refund

    So - encouragement to all....persist!!!
    Originally posted by GGardner
    Well done! This may prove to be a game changer for others.
    I'm a Board Guide on the Debate House Prices & the Economy, House Buying, Renting & Selling, Mortgages and Endowments, In My Home incl DIY, Overseas Holidays & Student boards.
    I volunteer to help get your forum questions answered and keep the forum running smoothly.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of moneysavingexpert.com.
    • bradders1983
    • By bradders1983 13th Oct 17, 3:17 PM
    • 81 Posts
    • 18 Thanks
    bradders1983
    Hi,

    Some advice would be appreciated, following the collapse of monarch a couple of weeks ago I logged a claim with my credit card company for a section 75 claim. I have had an acknowledgement letter today but the following sentence concerns me.
    ' the company acknowledges that where there has been a breach of contract by a supplier you may also have a claim against the credit provider under section 75 of the consumer credit act 1974. However on this occasion we believe the most appropriate route is not to deal with your dispute under section 75 and we will be seeking to chargeback the transaction to monarch airlines on your behalf'
    'In order to process the chargeback you are required to complete a disclaimer which we will send to you within the next 7 days'

    Although I don't have this disclaimer form yet I have concerns that this disclaimer will be something that will remove the credit card companies liability to pay out under section 75 if the chargeback fails.
    Does anyone have any knowledge of this process & whether I am right to be concerned.

    Many thanks
    Originally posted by Saraht
    Surely if both fail you have the ATOL protection as the last resort (assuming it was a holiday you booked)?
    • bigadaj
    • By bigadaj 13th Oct 17, 3:35 PM
    • 10,803 Posts
    • 7,100 Thanks
    bigadaj
    Hi,

    Some advice would be appreciated, following the collapse of monarch a couple of weeks ago I logged a claim with my credit card company for a section 75 claim. I have had an acknowledgement letter today but the following sentence concerns me.
    ' the company acknowledges that where there has been a breach of contract by a supplier you may also have a claim against the credit provider under section 75 of the consumer credit act 1974. However on this occasion we believe the most appropriate route is not to deal with your dispute under section 75 and we will be seeking to chargeback the transaction to monarch airlines on your behalf'
    'In order to process the chargeback you are required to complete a disclaimer which we will send to you within the next 7 days'

    Although I don't have this disclaimer form yet I have concerns that this disclaimer will be something that will remove the credit card companies liability to pay out under section 75 if the chargeback fails.
    Does anyone have any knowledge of this process & whether I am right to be concerned.

    Many thanks
    Originally posted by Saraht
    Probably right to be slightly concerned, see what the disclaimer says.

    If it does ask you to waive section 75 then refuse to sign it, I've had a couple of occasions where the bank has said they'll use chargeback and I've agreed but retained the right to pursue through section 75 if the chargeback fails.
    • Saraht
    • By Saraht 13th Oct 17, 3:58 PM
    • 3 Posts
    • 0 Thanks
    Saraht
    Sadly only flights so not ATOL protected.
    • N4t4lie
    • By N4t4lie 13th Oct 17, 8:35 PM
    • 131 Posts
    • 80 Thanks
    N4t4lie
    Sadly only flights so not ATOL protected.
    Originally posted by Saraht
    Was each flight over £100? If it was I'd stick to Section 75, but if each flight was under £100 even though the total comes to more then Section 75 doesn't apply and it would have to be done by chargeback. If it does qualify and they refuse get it in writing and go to the Financial Ombudsmen.

    Seems odd to ask you to waive your right to S75. In the end if they are willing to assure you in writing that a chargeback will be successful (and there is no reason to think it wouldn't be) then take it. I assume that chargeback costs them nothing where as a S75 does.
    • TheFletch
    • By TheFletch 13th Oct 17, 9:07 PM
    • 2 Posts
    • 0 Thanks
    TheFletch
    Ive just received an email from the administrators. May confuse a lot of people who still have no idea which route to go down to get their package holiday money back.
    Originally posted by bradders1983
    Yes, I also got one of these today. I have sent it to the news email of Martin's site in the hope they might cover it as loads of people must have got one.
    • TheFletch
    • By TheFletch 13th Oct 17, 9:10 PM
    • 2 Posts
    • 0 Thanks
    TheFletch
    Has anyone had any luck with John Lewis Partnership card in getting even an acknowledgement of a Section 75 claim?

    I sent one in on Monday 2nd, using Martin's template, having been told by their customer service team that "we're not a charity, you know!"
    • N4t4lie
    • By N4t4lie 13th Oct 17, 9:40 PM
    • 131 Posts
    • 80 Thanks
    N4t4lie
    Has anyone had any luck with John Lewis Partnership card in getting even an acknowledgement of a Section 75 claim?

    I sent one in on Monday 2nd, using Martin's template, having been told by their customer service team that "we're not a charity, you know!"
    Originally posted by TheFletch
    Make a complaint, get them to review the call, that agent needs retraining. I am horrified by that response. If you are claiming for a package holiday it is a consumer right to be able to claim under Section 75. I think they owe you an apology for that comment. When the S75 letter hits the right desk you should get a refund, it may take a bit of time, but if they refuse get it in writing and go to the Financial Ombudsmen. I have a John Lewis CC and hearing that makes me angry enough to want to cut it up and send it back!
    • GGardner
    • By GGardner 13th Oct 17, 10:28 PM
    • 10 Posts
    • 7 Thanks
    GGardner
    Well done! This may prove to be a game changer for others.
    Originally posted by silvercar
    Thanks so much for this thread Silvercar and thanks to everyone who gave me advice - I wouldn't have the refund without you all!

    Good luck everyone :-)
    • bigadaj
    • By bigadaj 14th Oct 17, 12:56 AM
    • 10,803 Posts
    • 7,100 Thanks
    bigadaj
    Was each flight over £100? If it was I'd stick to Section 75, but if each flight was under £100 even though the total comes to more then Section 75 doesn't apply and it would have to be done by chargeback. If it does qualify and they refuse get it in writing and go to the Financial Ombudsmen.

    Seems odd to ask you to waive your right to S75. In the end if they are willing to assure you in writing that a chargeback will be successful (and there is no reason to think it wouldn't be) then take it. I assume that chargeback costs them nothing where as a S75 does.
    Originally posted by N4t4lie
    We don't know they are asking for the waiv it's just a generic statement from current understanding so not necessarily a section 75 issue.

    A chargeback isn't necessarily going to be successful when the company involved has gone bust.
    • catwoman73
    • By catwoman73 14th Oct 17, 6:32 AM
    • 436 Posts
    • 517 Thanks
    catwoman73
    I have a question about the 'S75 for purchases over £100' issue. We were booked to fly with Monarch on 5th October (returning on 12th) and the total cost for 2 flights plus hold luggage was £305.

    However, this was made up of 2 x return flights of about £80 each plus 3 hold bags in total for 2 people (taking sporting equipment plus clothes etc) so our booking was made up of several individual items of under £100 each. Is this more than £100 pp and therefore a S75 claim or not? Does it matter? I'm just happy to get my moneyback and not particularly bothered about the technicalities of how it arrives.

    I paid by Tesco credit card and have emailed them making my claim including consequential losses (on hearing the news last Monday morning I had the foresight to book replacement flights with another airline before they sold out/massively increased in price and was fortunate to be able to book new flights for the same dates and from the same airport as the original booking but obviously was a bit more expensive as very short notice - cost for new booking was about £500 so £200 more). I didn't mention the cost of the individual flights or luggage on the booking or whether or not I was claiming under S75 or as a chargeback as I assume that Tesco will make their own decision on that.

    So hopefully getting a refund of the £305 from Tesco will be fairly straightforward, whether it will be a S75 incl consequential losses or as a straight chargeback of the £305.

    Our travel insurance was with Columbus Direct and included Scheduled Airline Failure with no excess as standard via www.ipplondon.co.uk and I'm currently unsure as to whether it will pay the extra £200 if I don't get it from Tesco as it says it will be pay for replacement flights if an airline fails after your outward journey but it doesn't say it will do this for failures between the time of booking and time of outward travel. But it doesn't list this as an exclusion either and the policy information on the website does say 'This protects you if your scheduled airline goes into insolvency enabling you to book equivalent flight(s) with another airline at no additional cost to yourself as we will fully reimburse you up to £5,000 per person in your party'. The policy wording instructs me to claim via my credit card first as they only pay out what isn't refunded that way, so if Tesco treat it as a chargeback and don't refund my consequential losses, I will try for the extra £200 that the new flights cost via the insurer because the information on the website appears to suggest that I was covered in the event that I couldn't claim in full via the credit card route.

    Apologies if this has ended up a bit waffly, but hope the information is useful for someone and would be interested if anyone has a definitive answer to the point about whether the purchase was above or below £100 pp.
    • catwoman73
    • By catwoman73 14th Oct 17, 6:35 AM
    • 436 Posts
    • 517 Thanks
    catwoman73
    A chargeback isn't necessarily going to be successful when the company involved has gone bust.

    I wondered about that- my understanding of the 'chargeback' procedure was that the credit cards take back money from the supplier, but if the supplier is insolvent, is there any money to take back?

    Where do the credit cards sit in the pecking order of creditors in this case? Will the credit card companies end up bearing a large portion of the losses due to Monarch's failure by paying out for refunds whether via S75 or chargebacks where it can't recover the money from Monarch?
    • bigadaj
    • By bigadaj 14th Oct 17, 7:25 AM
    • 10,803 Posts
    • 7,100 Thanks
    bigadaj
    A chargeback isn't necessarily going to be successful when the company involved has gone bust.

    I wondered about that- my understanding of the 'chargeback' procedure was that the credit cards take back money from the supplier, but if the supplier is insolvent, is there any money to take back?

    Where do the credit cards sit in the pecking order of creditors in this case? Will the credit card companies end up bearing a large portion of the losses due to Monarch's failure by paying out for refunds whether via S75 or chargebacks where it can't recover the money from Monarch?
    Originally posted by catwoman73
    Card providers prefer chargebacks because they don't cost them any money, however if there is no solvent company to claim back from then they won't work.

    Section 75 is a risk or business cost of the card provider, it's a legal liability imposed by legislation, so they have to pay out whether they receive the money back or not. In fact a deposit on a credit card of a few pennies or pounds can open up tens of thousands of liability for that contract or goods.
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