CCA s75?

zarjaz_2

I booked flights using my VISA credit card with failed Zoom Airlines. I wrote to my card company claiming a refund under s75.

My flights with Zoom are in December. I got a letter from my credit card company - MBNA- today, saying that they would not process my claim until "after the service date has passed". They mean that they won't look at the claim until 31st December!

I have to book alternative flights - but need the refund.

Interestingly, the VISA press office stated on 12 September [FONT=&quot]“Visa regulations allow for banks, on behalf of their cardholders, to seek financial refdress from the merchant’s bank if the cardholder has bought goods or services that will not be delivered”.

So, do I have to wait another 3 months, even though the airline is in liquidation - or are they within their rights? Is it different if the airline's liquidators say that it has ceased trading (I don't think they have, yet).

Gary
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DestroyingAngel_2

I believe it's a complicated matter which will take time to resolve, especially where there are more parties than just the merchant and the consumer involved. Section 75 of the CCA 1974 says that the cc company/bank will be "jointly and severally liable" with the merchant for any claims relating to the non-receipt of goods/faulty goods/liquidations etc. It's not a simple case of MBNA refunding what you've paid to Zoom immediately; they have to go through the proper channels as set out by law, start communications with Zoom and its bank, join the queue of creditors, etc ... and all that takes time.

zarjaz_2

If that's the case, how come some banks have already refunded payments - including those claiming under VISA "chargeback", rather than just credit card users claiming under s75?! As for joining the queue of creditors...surely that's just not the case when it comes to the s75 of the CCA?