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Section 75 refunds - article discussion

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  • katies_mum
    katies_mum Posts: 2,374 Forumite
    Part of the Furniture 1,000 Posts
    Great to know thanks.
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    derrick wrote: »
    I would have thiugt buying through a travel agent would be covered! but stand to be corrected..


    That would depend on the agents relationship with the supplier of the holiday. If they are just acting as a agent then it is highly doubtful Section 75 would cover.

    If they however are selling their own holidays ie Thomas Cook agent selling Thomas Cook holidays then that would be a direct relationship which would be covered.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • katies_mum
    katies_mum Posts: 2,374 Forumite
    Part of the Furniture 1,000 Posts
    The holiday would include Thomson flights and I`m not sure what company is used for the accomodation. But it would all be booked thru Inspspired Luxury Holidays / Broadway travel at the same time. So really this paying by cc is of no benefit then for many people booking via an agent who sells other companies flights / accomodation etc. (even Expedia / Low Cost hols etc)

    I`m either mis-understanding this or can`t see the point in usng a cc.

    Thanks, just trying to get it straight in my brain.
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    katies_mum wrote: »
    The holiday would include Thomson flights and I`m not sure what company is used for the accomodation. But it would all be booked thru Inspspired Luxury Holidays / Broadway travel at the same time. So really this paying by cc is of no benefit then for many people booking via an agent who sells other companies flights / accomodation etc. (even Expedia / Low Cost hols etc)

    I`m either mis-understanding this or can`t see the point in usng a cc.

    Thanks, just trying to get it straight in my brain.

    This will probably complicate matters even further in your brain but, if this is a package that was put together by the travel agent then it could be argued that your contract was with them and as such Section 75 would apply against them.

    I seem to remember that there is precedence with the financial ombudsman for this.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • katies_mum
    katies_mum Posts: 2,374 Forumite
    Part of the Furniture 1,000 Posts
    Optimist - funny you should say that - I had read that it can be classed as a package if two or more elements are booked at the same time. But suppose its proving it if need be.

    What with this and then trying to sort our insurance (do I do Independent traveller insurance or just nice cheap insurance!! I`m in need of a lie down in a dark room!!!!)

    Thanks
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    katies_mum wrote: »
    Optimist - funny you should say that - I had read that it can be classed as a package if two or more elements are booked at the same time. But suppose its proving it if need be.


    From the FOS;-
    "However, things are different if customers use a credit card to buy the travel agent’s own "package" of travel arrangements. In such instances the agent is the supplier of the holiday package. This situation is illustrated in case study 31/6.


    .
    Don`t steal - the Government doesn`t like the competition


  • katies_mum
    katies_mum Posts: 2,374 Forumite
    Part of the Furniture 1,000 Posts
    Thank you derrick, so after reading that I`m assuming it would be classed as a package. (hopefully) in this case if they would let me - I could just pay a minimal amount on the cc?
  • HI!

    Long time reader, 1st time poster... lol

    I have been waiting a month for a refund for a cancelled order... is this covered by section 75? i guess so since i haven't got anything for the money? i also have not paid the credit card bill yet and am wondering whether i have to pay [that part of it i wish to claim for]...

    the company in question is a hong kong based company -simplyelectronics- and i foolishly did not search this forum before trusting them *slaps forehead*

    after waiting the quoted delivery time, they still couldn't even tell me when they might dispatch the item. this was when i did my research. better late than never? anyway, i cancelled the order and they confirmed a full refund. that was a month ago.

    What do you think?
    (thanks in advance)

    Tom
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    HI!

    Long time reader, 1st time poster... lol

    I have been waiting a month for a refund for a cancelled order... is this covered by section 75? i guess so since i haven't got anything for the money? i also have not paid the credit card bill yet and am wondering whether i have to pay [that part of it i wish to claim for]...

    the company in question is a hong kong based company -simplyelectronics- and i foolishly did not search this forum before trusting them *slaps forehead*

    after waiting the quoted delivery time, they still couldn't even tell me when they might dispatch the item. this was when i did my research. better late than never? anyway, i cancelled the order and they confirmed a full refund. that was a month ago.

    What do you think?
    (thanks in advance)

    Tom

    They usually have 30 days to refund, I would inform your CC issuer that you wish to invoke a S75 refund for non received goods, (this is assuming the order was via CC and for between £100 - 30000), they will then send the paperwork to you.


    .
    Don`t steal - the Government doesn`t like the competition


  • derrick wrote: »
    They usually have 30 days to refund, I would inform your CC issuer that you wish to invoke a S75 refund for non received goods, (this is assuming the order was via CC and for between £100 - 30000), they will then send the paperwork to you.

    Thanks Derrick,

    where do you think i stand with respect to paying the credit card bill? am i required to pay off the credit card and then recoup the money at a later date?

    or to put it another way - can my card issuer charge me interest on the amount of the refund between me invoking the S75 and the actual refund?

    im guessing that if the card company are jointly liable for returning the money to me then they can't charge interest that money... right?

    tom
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