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Cancelled holiday trying to claim back deposit

Please can someone offer some assistance as I feel I am going round in circles.

My father in law booked a holiday using his credit card and paid in full. Sadly, 2 days later, he passed away.

In all of the confusion after his death, we telephoned the holiday insurance company first to cancel the holiday insurance, which they did. (we explained at the time of the call that he had passed away and were in the process of cancelling the holiday and insurance).

Secondly, we rang the holiday comapny to cancel the holiday, they explained that they would only refund 80% of the total cost and the deposit (£259.00) should be claimed back from the insurance company.

The insurance company will not re-instate the insurance policy to enable a refund of the deposit.

I have telephoned the credit card company in the hope that they could be of assistance, but they state that as the card was not covered by PPI, they cannot refund the deposit.

I sent the holiday company a letter to appeal to their better nature in the hope that they will now refund the deposit but feel I am going to get nowhere with this matter.

I have looked on the ABTA website and that is why we have written to the holiday company as this seems to be the action we need to take.

Does anyone know if anyone should accept responsibility, I just feel that as this is a bereavement, special circumstances should apply.

Thanks in anticipation.
starfish40
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Comments

  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Sadly your mistake was to cancel the insurance rather than claim on it - understandable in the circumstances.

    Did they refund the premium? If so you might have a struggle to get any more back. If not the insurance company might listen to reason and pay the deposit back, less excess, once they fully understand the circumstances. You should write (write, not phone) to them, not the holiday company. It's not their concern - it's an insurance issue.

    The CC angle won't help - your dispute is with the insurance company, not the holiday company.


    And no - special circumstances rarely if ever apply
  • spiro
    spiro Posts: 6,405 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Unfortunately you cancelled the insurance and holiday the wrong way round. You may be lucky with the holiday company but I doubt it.

    In terms of who should accept responsibility I am afraid to say it is you for getting it wrong.
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
  • ~daisy~_2
    ~daisy~_2 Posts: 2,566 Forumite
    i understand your frustration
    we are trying to claim on our travel insurance for a holiday deposit to cuba - its been denied because we only had european cover at the time of booking
    my husband had a stroke and a pulomary embolism so flying long haul just not an option at the moment

    sorry for your loss
    :j MFi3 wannabee :j
    mortgage owing 04.07 £36,000
    mortgage owing 07.10 £0 !!!!
  • r18rws
    r18rws Posts: 162 Forumite
    Agree with all the feedback. Insurance company unlikely to reissue the policy so that it can be claimed against. That woudl make no sense at all.

    Holiday company also are following their T&C's.

    Credit Card Company - Why? Dont see your angle on that.

    I would suggest its lost money, at least its not too much of a loss with it only being deposit.
  • starfish40
    starfish40 Posts: 11 Forumite
    edited 22 February 2010 at 6:10PM
    Thanks for everyones response. I agree it's probably a lost cause, just wanted to make sure really that I had been given the correct advice at each point of contact ie. holiday insurance, holiday company & credit card company.

    Thanks again.
    starfish40
  • FH_Brit
    FH_Brit Posts: 1,223 Forumite
    Stasrfish - who were the insurers?

    Call the FSA to see if they can help 0845 080 1800
    C. (Ex-Pat Brit)

    Travel Insurance Claim Manager
    Travel Claims Specialist
  • The FSA will not be likely to help because they do not deal with individual issues.

    However, I think the insurer has let you down. They should have realised that the insurance existed because a holiday had been booked and that it would now need to be cancelled.

    Go back to the insurer, explain the position and ask them to meet the cost of the loss deposit less the premium already refunded and the excess.

    If they refuse tell them you want it referred to their complaint procedure for a breach of FSA principles 6 and 8
  • Hi,

    The name of the insurers are Staysure, Lakeview House, Northampton, NN1 5RN & the holiday company are Go Travel & I think they are the agents for Airtours.

    Thanks again for everones help in this matter.
    starfish40
  • melb
    melb Posts: 2,890 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    so sorry to hear of your situation. your father-in-law's insurance was in place at the time of his death and i would have thought this was the only date that is relevant. he obviously couldn't take his holiday so the insurance should have kicked in immediately. I think the insurance company are being unnecessarily pedantic and I hope you have some success if you get back in touch with them.
  • FH_Brit
    FH_Brit Posts: 1,223 Forumite
    MAGPIE - the FSA do take individual cases by way of the FOS (part of the FSA) and that is the number I supplied - as I have with the many patients who have had ins problems that I deal with daily in my job.

    STARFISH - They are Europ Assistance - good policy - not the quickest claims handlers but good. They are regulated by the FSA so the Ombudsmans office will give you advice as I said earlier
    C. (Ex-Pat Brit)

    Travel Insurance Claim Manager
    Travel Claims Specialist
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