Capital One dispute

PROLIANT

Scampy wrote: »

I didn't write the information I am quoting from the money expert website but no I don't think it is the same. The travel agent are a third party and are the company which the credit card has a relationship with whereas the TV shop would be on the credit card statement, so if they went bust the credit card company would be liable.

The agent took the funds from the credit card on their visa machine, they did not deliver the goods/service paid for by the customer/credit card company, third party or not my point is what is the difference between a holiday and a telly?..Non what so ever in terms of an electronic payment, the bottom line is the supplier..the travel agent, did not "supply" the service, they however did take the money as Dixons or Currys would have during a payment for a TV that was in turn purchased from a warehouse/supplier that they use..same as the travel agent purchased the "holiday" from the airline...the supplier to the agent.

flyaway

PROLIANT wrote: »

I response to this debate it is black and white as far as the law goes, you are covered under the CCA sec 75, doesn't matter where you made the purchase the supplier has failed to supply the service and or goods that you have paid for (or should I say what the credit card company has paid for), end of, contact Capital One with a threat of leagal action unless they comply with the joint contact that you signed between yourself and capital one. It is in black and white and is not open to dispute as the contract was legally approved prior to issue to the banks customers. remeber, you are claiming for goods/service not received, not the fact that a half a job airline went down the pot.

Thanks, that's what I thought. I have written to the travel agent and asked them for a full refund and given them 7 days to do so. I sent it by recorded delivery yesterday. So if I don't get a refund perhaps I might get a written reply to send to the credit card company. This is what the CC have asked me to do.
If I don't get a reply, I will write again to the CC stating CCA sec 75.
I'm not sure what else I can do. Yes, I could go the ATOL CAA route as the holiday was ATOL bonded but I've been told and have seen that people are not even getting a reply from ATOL. So I decided to go the quickest route to try and get the money back.
Thanks for all your help on this. I'll let you know what happens, if anything!

flyaway

Scampy wrote: »

I didn't write the information I am quoting from the money expert website but no I don't think it is the same. The travel agent are a third party and are the company which the credit card has a relationship with whereas the TV shop would be on the credit card statement, so if they went bust the credit card company would be liable.

Just to clear up my situation, I booked the package holiday through travel agent and paid them with the credit card and their name is on the credit card statement. The travel agent is a retail agent for ATOL holders, in this case The Really Great Holiday Company which was part of XL and held a ATOL number. So from what you've all said, it appears that the travel agent is responsible and therefore should refund my money. But if they don't then the credit card company should under the CCA section 75. Is that right?