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XL - no luck getting refund from ATOL, Coop Agent or Tesco Credit Card

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XL - no luck getting refund from ATOL, Coop Agent or Tesco Credit Card

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ajksaverajksaver Forumite
21 posts
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:
  • 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?
Every time I think about it I get so stressed. I didn't expect the refund to take this long but have no idea how long it might take by the time it is resoved. Even if the ATOL acknolegement letter arrived tomorrow they say it would still be at least another 3 months wait. I also worry that if it goes on for too long then my ability to claim might be reduced. Please can someone help?:A
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Replies

  • withabixwithabix Forumite
    9.5K posts
    ajksaver wrote: »
    • 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. DID YOU ASK WHO IT WAS WITH BEFORE YOU PAID? THE TICKETS GAVE YOU THIS INFORMATION.
    • 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. NO, THEY HAVEN'T DONE ANYTHING WRONG - YOUR HOLIDAY IS COVERED BY THE ATOL SCHEME.
    • Attempt to overthrow the governement to sort out the CAA/ATOL scheme? YES, THAT'S YOUR BEST BET...:rolleyes:

    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.
    British Ex-pat in British Columbia!
  • CAA claims are taking up to six months. It's not Apollo's fault it's taking so long.
  • Alan_BowenAlan_Bowen Forumite
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    Perhaps a more reasoned answer might help. I presume you booked over the phone with Apollo Travel who were based, they are in the process of closing down the operation just to add to the fun, in Rotherham/Doncaster? You should have received what is called an ATOL Receipt issued by the agent identifying Kosmar Holidays as the ATOL holder and then received a Confirmation Invoice from Kosmar itself. If it was a last minute booking, it may have come with the tickets.

    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
  • ajksaverajksaver Forumite
    21 posts
    Many thanks Alan you have shared much more knowledge that I was able to find out on my own. I do admit that I was sloppy in that (i) we should have checked the underlying tour operator more carefully before booking but we trusted Apollo and (ii) we should have sent the claim special delivery as we did not realise how important the original tickets would become.

    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.
  • RichyRichRichyRich Forumite
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    For least effort I would pursue Tesco Finance. They are jointly and severally liable with the provider, no matter what they say.

    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.
    #145 Save £12k in 2016 Challenge: £12,062.62/£12,000.00 Beginning Balance: £5,027.78 CHALLENGE MET
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  • withabixwithabix Forumite
    9.5K posts
    RichyRich wrote: »
    For least effort I would pursue Tesco Finance. They are jointly and severally liable with the provider, no matter what they say.

    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.

    Likely to be dismissed by Small Claims Court as there is demonstrably a bond (ATOL/CAA scheme) in place to refund the money.
    British Ex-pat in British Columbia!
  • ajksaverajksaver Forumite
    21 posts
    Tesco have today sent us a letter telling us that as we booked through a travel agent then Tesco are definatly not liable for the failure to deliver the service and that we should log a claim with ATOL via our travel agent - which we did 5 months ago.

    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:
  • re Tesco, £100 or over on credit card means via consumer credit act the card issuer is liable, Tesco Personal Finance is a 50/50 venture with Royal Bank Scotland - I'd be giving their head office a call about Tesco practice of lies
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
  • jonesMUFCforeverjonesMUFCforever Forumite
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    By now I would give Tesco one final chance to settle with you or take it to the financial ombudsman.
  • stephb34stephb34 Forumite
    2.1K posts
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    ajksaver wrote: »
    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.
    Why should the travel agent give you back the money it isn't them that owe it you its XL. To try and explain you bought a product via a travel agent from a third party (XL), they went bust apollo wont actually have your money as they will have paid XL for the holiday.
    At thomas cook the people who had an XL package booked through thomas cook had 2 options, rebook another package through tcook and the money was transfered from the 1st hol to the 2nd and if there was any difference the customer paid it or got a refund, job sorted tcook were then left with getting the money back from XL. Or the 2nd option was if you didnt rebook with tcook was claiming from atol/caa for the money you had paid XL which at our tcook they helped you fill the claims forms out so you did them properly but there are so many people want paying out that most are still waiting but you should get it eventually, which is a bit of a nuisance but better than not getting it at all. Probably not the answer you wanted but hope it clarifies it a little bit for you.
    Cant remember exactly what you said in your 1st post think you said something about appollo being in administration that definitely wont help matters not sure what you do about that.
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