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Fighting HSBC for Section 75 Refund from XL Leisure collapse from last year.... STIL!
tinners2000
Posts: 6 Forumite
in Credit cards
Hello to all.
I wonder if anyone can point me in the right direction here as I have had serious issues trying to claim money back for a package holiday I booked with Freedom Direct Last year in August 08.
In August, my partner and I booked a package holiday (holiday, transport and flights) to Egypt through Freedom Direct Ltd and paid in full using my credit card which is in my name. The total cost was around £1400. Two weeks later I found out the XL Leisure went into administration taking XL flights with it. We were contacted by Freedom Direct to inform us that out flights and holiday where affected by this and that we will need to claim via the CAA and ATOL sending full paperwork and tickets, as they cannot offer a refund since the money was passed on to XL.
Firstly, Freedom direct failed to mention at any stage that our holiday was booked through themselves then passed onto another agent to handle. Secondly, the only conformation I received was an electronic booking conformation showing the hotel and flight details.
I contacted by my credit card company, HSBC, and informed them of the collapse of XL leisure along with us losing our holiday. HSBC said they would investigate and after many months of form filling and document sending I was informed that section, 75 did not apply in my case. HSBS’s first excuse (I have this all in writing) was that they could not cover me since my partner did not have a credit card! Of course, I questioned this and a week later I received yet another response - HSBC could not cover us because we booked through Freedom Direct who then paid XL leisure and I would need to claim through Freedom Direct. Therefore, I was stumped in what to do next – I called Freedom Direct back to try to sort this, but alas, they could not help – Many letters later to HSBC and meetings with my HSBC bank manger (who was shocked at how HSBC credit card services was handling this), I contacted the finical ombudsmen service for advice.
In December, I received paperwork from the CAA to try to claim my money back. We received a letter from CEGA saying that our claim was being processed and not to contact them in the mean time.
Under advice from the FOS I forwarded all my HSBC paper work and final response to them for review.
So moving on.
Last week, I received a call from CEGA to inform me that my claim has been passed back to Freedom Direct to handle, and that they would not be the claim agent from now on. I called Freedom Direct on Wednesday to enquire about this. The response I received was that due to legal advice/issues Freedom was now under instruction to issue full refunds to all bookings affected by the XL collapse, all I was required to do was to sign a letter, which was coming to me through the post.
Good news I thought at last.
Well, I have just found out that Freedom Direct Ltd is now in administration from the 17th April 2009 so where does this leave me for a refund.
Do I now go back to HSBC and the FSO to get them to issue a refund since Freedom no longer operate?
Any advice would be of so much help - Thank you in advance! :money:
I wonder if anyone can point me in the right direction here as I have had serious issues trying to claim money back for a package holiday I booked with Freedom Direct Last year in August 08.
In August, my partner and I booked a package holiday (holiday, transport and flights) to Egypt through Freedom Direct Ltd and paid in full using my credit card which is in my name. The total cost was around £1400. Two weeks later I found out the XL Leisure went into administration taking XL flights with it. We were contacted by Freedom Direct to inform us that out flights and holiday where affected by this and that we will need to claim via the CAA and ATOL sending full paperwork and tickets, as they cannot offer a refund since the money was passed on to XL.
Firstly, Freedom direct failed to mention at any stage that our holiday was booked through themselves then passed onto another agent to handle. Secondly, the only conformation I received was an electronic booking conformation showing the hotel and flight details.
I contacted by my credit card company, HSBC, and informed them of the collapse of XL leisure along with us losing our holiday. HSBC said they would investigate and after many months of form filling and document sending I was informed that section, 75 did not apply in my case. HSBS’s first excuse (I have this all in writing) was that they could not cover me since my partner did not have a credit card! Of course, I questioned this and a week later I received yet another response - HSBC could not cover us because we booked through Freedom Direct who then paid XL leisure and I would need to claim through Freedom Direct. Therefore, I was stumped in what to do next – I called Freedom Direct back to try to sort this, but alas, they could not help – Many letters later to HSBC and meetings with my HSBC bank manger (who was shocked at how HSBC credit card services was handling this), I contacted the finical ombudsmen service for advice.
In December, I received paperwork from the CAA to try to claim my money back. We received a letter from CEGA saying that our claim was being processed and not to contact them in the mean time.
Under advice from the FOS I forwarded all my HSBC paper work and final response to them for review.
So moving on.
Last week, I received a call from CEGA to inform me that my claim has been passed back to Freedom Direct to handle, and that they would not be the claim agent from now on. I called Freedom Direct on Wednesday to enquire about this. The response I received was that due to legal advice/issues Freedom was now under instruction to issue full refunds to all bookings affected by the XL collapse, all I was required to do was to sign a letter, which was coming to me through the post.
Good news I thought at last.
Well, I have just found out that Freedom Direct Ltd is now in administration from the 17th April 2009 so where does this leave me for a refund.
Do I now go back to HSBC and the FSO to get them to issue a refund since Freedom no longer operate?
Any advice would be of so much help - Thank you in advance! :money:
0
Comments
-
If it was me I would issue a claim in the small claims court - HSBC ultimately will have to pay under the CCA.
What they have told you is pure stalling tactics and rubbish.
To me you have been very patient and tried to claim from ATOL as instructed - now is the time for action.
Small claims can be done online and even should you lose you will not be liable for substantial costs for the other side.0 -
I agree with jones.
Appalling behavior from HSBC. Please keep us updated.0 -
Thank you for your support.
I have contacted HSBC to inform them of Freedom Directs administration. CEGA will not pay out under ATOL since Freedom did not use XL groups ATOL number for bookings.
In addition, I have been in contact with a person from the Express New paper who is interested in my case.
Apparently, I am not the only one in this situation!0 -
No you're not!! Having a similar experience to yourself.
Would be very interested in talking to the Express too. Would you mind sending me their contact details.
Many thanks.I learned that courage was not the absence of fear, but the triumph over it. The brave man is not he who does not feel afraid, but he who conquers that fear.0 -
Just to add, anyone else been in this situation?0
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