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XL - no luck getting refund from ATOL, Coop Agent or Tesco Credit Card
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Hi,
This is my first post so please be nice to me. I have already read the old threads about XL and the CAA/ATOL website but I have been trying to get a refund for 5 months now and need help.
We had a £750 ATOL protected package holiday for two adults booked through Apollo Travel (part of Cooperative Travel) which we paid on a Tesco Credit Card. When the tickets arrived they were with Kosmar (part of the XL group).
XL then went into administration a few days before we were due to travel. Apollo advised us to seek a refund through ATOL and posted us the paperwork ASAP.
We completed the ATOL form and included the original tickets as requested (taking a photocopy of everyhting we sent incase it got lost). On the cover letter Apollo had told us to post it to Apollo for pre-processing (not direct to ATOL). All this was done within a few days.
Since then Apollo have sent us no corespondance. When we make attempts to contact Apollo or Cooperative Travel helpdesk they tell us that they are definately not liable and give us a CAA/ATOL phone number that plays a recorded message telling us to email them if we have not recieved an acknolegement within 3 weeks. As it has been many months without an acknolegement we emailed them on the email address in the recorded message but they do not reply.
We have also tried to claim on the Tesco Credit Card but Tesco are firm in that they want to see original copies of the tickets - which we sent to Apollo as part of the ATOL claim. Apollo should have forwarded them to ATOL by now but they won't tell us.
It is very frustrating as efforts to chase are going nowhere. I am really disapointed as I did not think that Cooperative Group or Tesco would treat loyal customers this badly. Should we:
This is my first post so please be nice to me. I have already read the old threads about XL and the CAA/ATOL website but I have been trying to get a refund for 5 months now and need help.
We had a £750 ATOL protected package holiday for two adults booked through Apollo Travel (part of Cooperative Travel) which we paid on a Tesco Credit Card. When the tickets arrived they were with Kosmar (part of the XL group).
XL then went into administration a few days before we were due to travel. Apollo advised us to seek a refund through ATOL and posted us the paperwork ASAP.
We completed the ATOL form and included the original tickets as requested (taking a photocopy of everyhting we sent incase it got lost). On the cover letter Apollo had told us to post it to Apollo for pre-processing (not direct to ATOL). All this was done within a few days.
Since then Apollo have sent us no corespondance. When we make attempts to contact Apollo or Cooperative Travel helpdesk they tell us that they are definately not liable and give us a CAA/ATOL phone number that plays a recorded message telling us to email them if we have not recieved an acknolegement within 3 weeks. As it has been many months without an acknolegement we emailed them on the email address in the recorded message but they do not reply.
We have also tried to claim on the Tesco Credit Card but Tesco are firm in that they want to see original copies of the tickets - which we sent to Apollo as part of the ATOL claim. Apollo should have forwarded them to ATOL by now but they won't tell us.
It is very frustrating as efforts to chase are going nowhere. I am really disapointed as I did not think that Cooperative Group or Tesco would treat loyal customers this badly. Should we:
- Attempt to sue Apollo (via moneyclaim.gov.uk) for selecting such a bad supplier? They tell us that this is not possible as our contract is with Kosmar/XL but Apollo took the payment and they did not tell us that they were booking with Kosmar/XL until the tickets arrived.
- Attempt to sue Tesco for not meeting their obligations under section 75 of the consumer credit act? I don't see why they need original tickets as we have plenty of evidence.
- Attempt to overthrow the governement to sort out the CAA/ATOL scheme?
0
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Replies
You DID send your claim by Special Delivery, didn't you? Does it track as delivered?
If you didn't send by trackable means, you can't prove that Apollo received your claim paperwork.
You say you only knew the booking was with Kosmar at the time the tickets arrived, if that is correct, the CAA may take the view that your agent, and they weren't the only one, hadn't identified who the booking was with and refuse the claim! That doesn't mean you can't claim, only that it may not be from the CAA.
You also suggest that the agent won't tell you whether they have lodged the claim, this is also not unique but is totally inexcusable, if they haven't lodged a claim, even if its valid you will never get paid because the CAA won't know about it. In retrospect it would have been better for everyone to send in their own claims to the CAA they were acknowledged and a reference number issued within 3-4 weeks, but no one could have believed the can of worms that the XL group and those booking with it, have thrown up.
At this stage it is pointless contacting the CAA unless you have a reference number, and if the agent has made the claim they are the only poibt of contact to get it. Since the staff don't seem too helpful on the phone, perhaps understandable if they are facing possible redundancy, you should write a letter and pay for it to 'be signed for' rather than registered, since it is cheaper and ask them to confirm the date your claim was submitted and the reference number issued by the CAA. Tell them that if you have no reply or they say they have not yet submitted the claim, you will report the whole sorry issue to their governing body ABTA. They can be contacted at 0207 637 2444
I am sad to hear that Apollo are facing redundancies but as you suggest will have another try at getting them to confirm if they have forwarded the paperwork to ATOL yet. Failing that I will try the letter then if I get no reply then I will try the ABTA referal. Many thanks, alex.
Send them this letter by recorded delivery, and if they don't reply within fourteen days of receipt send them a further letter giving them a further seven days to reply. If they don't, take them to Small Claims. You should have a much shorter waiting period than trying through the CAA Scheme.
#060 Save £12k in 2017 Challenge: £11,03.70/£12,000.00 Beginning Balance: £12,976.79 Shortfall: £996.30:eek:
This is the secret message.
Likely to be dismissed by Small Claims Court as there is demonstrably a bond (ATOL/CAA scheme) in place to refund the money.
Looks like we are in the hands of Apollo / Coop Travel. Will give them a good chasing on monday to try and try and find out if they have forwarded to CAA yet.
The whole process is stupid - the refund should be immedieate and automatic as the travel agent knows exactly which customers are due a refund and the precise amount they paid. The CAA must also know from the XL order system the value of each travel agent's total undeliveed bookings. It should have all been sorted within less than a week.
This government give everyone expensive fiscal stimulus (vat cuts, etc) to get us spending but fail on basic administration of helping people's cash flow by delaying refunds that people are entitled to (ATOL, tax credits, etc). No wonder we can't afford to shop as the government are sitting on our working money..:mad: