What to do if you've been affected by the XL collapse 11 September 2008 at 9:00AM in Overseas Holidays & Travel Planning 376 replies 52.7K views

Bustersmummy

We would probably have been on the same flight!

I managed to book new tickets with BA, but as you say the cost was rising by the hour. My tickets would now cost me an additional £2,000 each! There has to be a law against this surely.

I still feel sick to my stomach when I think about my holiday, instead of feeling excited. We had been looking forward to this all year and then a week before you are due to go, you get the body blow. Didn't see it coming I have to say. I've sent my form off to ATOL and just have to wait, but I'm also wondering if I should start the ball rolling as I paid by Visa Debit Card. I don't know what to do for the best!

My sympathies to all!

ROUGHDIAMOND_2

MARTIN,

Even if you booked direct on XL.COM and used your DEBIT CARD if you were flying to EGYPT there is a clause that all flights to EGYPT must be booked though a ATOL registered carrier in this case even though I booked through XL.COM I was booked though FREEDOM FLIGHTS and they ARE covered. As I was one of the unlucky ones who booked direct with a debit card I have checked this out with ATOL and they have confirmed that I am covered I have filled in the claim form and sent in to ATOL.

I have only heard his information once in all the broadcasts that have gone out regarding XL and I just wonder how many people were booked to go to Egypt and have not tried to reclain there money which must amount to many hundreds of pounds per booking just because everybody is saying that if you booked direct and with a debit card then wave your money bye bye.

hope the above helps many people to recover there funds.

regards
ROUGHDIAMOND

kev_147

This is my 1st post, so take it easy on me.

My scenario is this:

I booked a return flight between Newcastle and Tenerife (2 adults, 1 infant) through https://www.xl.com and paid for this with an A&L Visa Debit Card.

While we was in Tenerife, XL went into administration. We found out this information by luck really as I was flicking through channels on the TV in the apartment (apartment booked seperate, ie not a package holiday) and watched GMTV report that XL had gone bust.

Over the next couple of days, I tried calling various numbers that I was given by the CAA website, XL.com website and travel insurance company (Direct Travel). I was unable to get through to any of these numbers, they either kept ringing, went dead straight away or rang engaged.

I was disappointed to hear that Direct Travel didin't cover me for Airline Failure. (lesson learnt there).

Anyway, as I couldn't get through to any of the numbers, and because we weren't covered by abta/atol, I really started to think that we were stranded in Tenerife and wouldn't be able to get back to England if I didn't take matters into my own hands.

I wasn't going to wait any longer as my priority was getting my wife and 9 month old daughter back home. So I booked a flight back to Newcastle with Jet2.com. I was astounded that I had to pay £500 to get us all back home, when I originally only paid £363.50 for the return flights for all of us! Anyway, I decided to get this booked and worry about the financial and legal complexities of trying to claim back my money when I got back to England.

I am now back in England and as I understand it from this website and various other websites inluding 2 members of staff at the Visa Europe customer services section that I am entitled to a chargeback of the return leg of the money originally paid to xl.com under the Visa Debit rules.

My problem is that 3 members of staff within A&L contact centre, along with a manager/supervisor has told me that I am not entitled to a chargeback and that I have to request the money through the administrators of xl (Kroll).

After trying to politely stand my ground as advised by the big man himself :money:. A&L have advised me that they will be sending me a claim form, but they will then act on my behalf and TRY and reclaim the money via the admistrators of xl. I still don't think this is correct and would like clarification and proof if possible. I don't think Kroll need to be involved in this part as I understand it A&L request the chargeback and Visa recoup the money from xl's bank (not XL, or Kroll), XL's bank hasn't gone bust as far as I know, so I should be garunteed this money back, not an empty promise that A&L will TRY and recoup the money.

The other issue I have, is what do I do with regards to trying to claim back the £500 that I paid to get my family back home. I suspect that this part will require me sending a letter to Kroll. If this is the case, I don't hold much hope do I? I will be lucky to recieive £50 in 18 months wont I? If there is another way that I might be able to recoup the jet2 money I had to pay out, please let me know.

Another thing I would like to add is that, I also advised Kroll of what my card issuing bank is advising me to do, which is to basically try and reclaim the xl.com money from them and that if I don't receive anything within 30 days to contact my bank again where they will try and recoup through the administrators on my behalf. (This is what A&L are going to do for me now apparantly, 30 days early, basically because I kept hounded there call centres staff I think).

I spoke to a lady within the Kroll press office as I think it would be in theirs and the consumers interests to release an official statement so that the banks might start to understand the different scenarios and when a chargeback procedure applies and when Kroll are to be sent a claim and when they aren't to be sent a claim. She was very polite, but I don't think I hold enough clout to make this happen. I just think that if banks like A&L are advising their customers to claim through Kroll when they shouldn't be, then surely that is going to slow the process down of the legitimate claims.

Martin, I think it would be really useful if a template letter can be setup for each scenario. i.e. Paid by credit card, paid by visa debit, not protected by anything and have to go through Kroll, etc. Are you also able to contact Kroll and use your public standing and power of MSE to fill in some of these gaps in knowledge that the banks seem to have.

Well, I think that's about it folks. My 1st post has finished as war and peace. I will keep you updated how I get on. :eek:

julianleach33

Hi there all

Here is 'another' scenario which i would really appreciate some assistance in unpicking......(ill try to keep it matter of fact)

• Booked through On The Beach.com (OTB)
• Paid OTB by credit card for full amount
• OTB use Freedom flights for the flights & Hotels4u for the accommodation
• Holiday was for 16th -25th October 2008

my actions to date

• Phoned insurance company flexicover - not covered (:mad: ) have now got insurance through Post Office for info!
• phoned OTB i have to wait untill 29th September for full instructions.
• Phoned credit card (egg) get sent dispute form** - which states you need to make claim through ATOL ABTA first!
• Cancelled accommodation by e-mailing OTB

Questions that arise in this specific scenario

1. Should i fill in the ATOL crisis management form and send to OTB for completion for full Freedom Flight refund as i did not pay freedom flights directly by credit card?
2. Should i write to egg claiming the full cost of flights & hotel under section 75?
3. Does section 75 cover me if OTB state (in small print) this in NOT a 'package'.
4. otherwise what is the best way to get full accommodation refund if section 75 fails me!

**The credit card company stated in a phone call today thet their 'dispute form' is nothing to do with section 75 of the consumer credit act.

I would really appreciate any assistance or clarification on this

Julian

Patsie99

We were unable to rebook with an agent for our (unmovable) dates for USA, less than four weeks, so had to book independantly, have saved close to £600 have an extra day and all is good(hopefully). The park tickets we had booked with Travelcitydirect were lost but we had booked them by Debs credit card who could not of been more helpful and will refund us approx in ten days. We have been a lot luckier than a lot of people. Luck for us have friends in USA and they have helped us loads.

Our hols are not not happening.

P99

lottieloulou_2

ROUGHDIAMOND wrote: »

MARTIN,

Even if you booked direct on XL.COM and used your DEBIT CARD if you were flying to EGYPT there is a clause that all flights to EGYPT must be booked though a ATOL registered carrier in this case even though I booked through XL.COM I was booked though FREEDOM FLIGHTS and they ARE covered. As I was one of the unlucky ones who booked direct with a debit card I have checked this out with ATOL and they have confirmed that I am covered I have filled in the claim form and sent in to ATOL.

I have only heard his information once in all the broadcasts that have gone out regarding XL and I just wonder how many people were booked to go to Egypt and have not tried to reclain there money which must amount to many hundreds of pounds per booking just because everybody is saying that if you booked direct and with a debit card then wave your money bye bye.

hope the above helps many people to recover there funds.

regards
ROUGHDIAMOND

Hi, my niece has just returned from Sharm el sheikh and she was told that she would have to pay £300 for her return flight. She booked through XL.com. I had heard this information but was unsure of its validity but I did tell her to point this fact out to the travel reps but they insisted that they would still have to pay and they had to wait for an available flight that had spare seats along with 8 others in the same situation. They have not yet been invoiced for the flights they were told within 14 days. I am very angry if this info is true as I spent 5 days worrying about them, phoning the C.A.A for information on flights and cost just to be told everytime they will have to find their own way home or pay £300 for a flight with them but only if seats available. They were definetly treated differently just because they had booked direct but if this is true they had no right to this. many thanks for this valuable information. Louise

meanmum

I am confused as to where I stand. I had booked a flight only with XL for 4th Oct. As soon as I heard the news (7am), which was saying all XL flights are cancelled, I just went on-line & booked another flight with Thomson - cost me about £100 more than the XL flight.
Now this is where I am unsure of the situation - my flight only was booked with Co-Op travel through Libra holidays, so potentially 2 ATOL holiday companies giving me protection. But initially Libra were saying they would try to source alternative flights, which left me thinking I might end up with 2 flights!......but I have let them know what I've done, so I hope a refund will be straightforward.
In the wider scheme of things, my problem is minor; I might lose a few hundred pounds, but compared with losing my job like those poor XL folk, or being stranded abroad, it's nothing.

chuchwig

Hi guys hope someone can give me an answeror help ?
keeping it short ....i paid for 10 flights to tenerife by credit card ( i have filed for refund already) so i should get that money back.
I found my accomadation through owners direct , not abta/atol , we could not get there ,but all where fully paid for and have reicepts, do you guys think i can reclaim any of this money back and where from .
cheers

kev_147

chuchwig have you asked your credit card company this question? If not I would. I am not sure if section 75 would cover any other costs lost.

I would also explain your scenario to the Financial Ombudsman Service, they maybe able to answer your question:
http://www.financial-ombudsman.org.uk/contact/index.html

GazzaT_3

Hi all,

I sent off my documents to claim for the XL collapse to my credit card, thy have sent me a letter back saying I need to claim off my travel agent and ATOL first.

From what I gathered on this forum, I dont need to do this as "there is no first point of call", so I think my credit card company is wrong,

I have just had a conversation with them on the phone and had to speak with a manager in the end as the first operator was horrible saying to me "blah blah blah, I've heard it all before", the manager is now looking into it and is going to call me back.

Could someone please advise me of my legal rights quickly as I would like to know exactly what I am talking about when he calls back.

Kind regards,

Gary