stolen holiday - what are my rights?

soontobemrsg

Last year I booked a holiday for my family to travel abroad in June of this year - the problem I have is this- My husband and I have now seperated and they have put his name as lead passenger on the account as he was in a relationship with the travel agent. He says that neither I or the children can go on the holiday as it is in his name. I understand that this is correct - my question therefore is this -

The holiday was paid for using my debit card, The shop didn't once ask to speak to me to authorise any of the payments.

My ex husband is not willing to let me and the children have the holiday as he wants to change the booking to be for the travel agent and her children.

Am I entitled to my money back as my visa debit card was charged without the shop asking for my consent?

What can I do?
Am I entitled to change the name on the booking without his consent as I can prove that I paid for the holiday?
I can't afford to seek legal advise on the matter which is why I've turned to you guys for advice - any help would be great.
Thanks all
xx

ShaneUK

Sounds like fraudulant use of your debit card to me - you were not present, your husband (knowingly) used your card. However - if it was CHIP and PIN, then you could be classed as being at fault for disclosing your PIN number. If it was not CHIP and PIN, and he had to sign, then he has again committed fraud by copying your signature.

soontobemrsg

payments were all made over the phone. sorry for any confusion and thanks for your reply - do you think I should contact my bank to see what they say? Am I entitled to anything via the travel insurance or does that just cover me when I'm overseas?
I'm so confused over this. The children and I have had a tough year and they deserve a break away from everything, I can't afford to book another holiday without getting my money back from this one :-(

Voyager2002

I'm a little confused: you say that YOU booked the holiday, yet payment was taken from your debit card without your consent.

Anyway, your bank might be able to reclaim the money, particularly if the debit card is part of the visa system. They might well require a police report for this, so the obvious first step would be to tell your charming husband that you need to report the fraudulent use of your card to the police in order to reclaim the money. I suspect that at that point he might see reason about allowing his former family to take the holiday.

Hintza

Sounds like OP is perhaps trying to bolt the stable door after the horsehas bolted. From the tone of the first post it would appear holiday was booked with the knowledge or in the presence of the OP.

OP think you need advice but be careful that you explain the situation fully both with the bank and or travel agent.

Who is the travel agent? Do they work for themselves or a company? They might be the best place to start as it would probably be easier to cancel it through them.

Hintza

Just a small point. A number of years ago I went for an interview in Amsterdam but arrived back at airport earlier than I expected and asked to be changed to the earlier flight (which was not full). This was refused because the person who had bought the tickets had to authorise any change.

Might be a usefull pointer OP.

Mark_Hewitt

soontobemrsg wrote: »

Last year I booked a holiday for my family to travel abroad in June of this year - the problem I have is this- My husband and I have now seperated and they have put his name as lead passenger on the account as he was in a relationship with the travel agent.

But wouldn't it have not been the case that he would have likely put himself as lead passenger anyway, regardless if he was having an affair or not?

soontobemrsg

I have spoken to my bank and the travel agents. The travel agents were most unhelpful and said that they can't do anything as I'm not lead booking - they have so far allowed him to change address on the booking and there is apparently a note on the account not to speak to me.
I then phoned the bank who have said that I need to call them back after the 1st day of the holiday when I don't go before they are able to try and refynd the money.
Phoning the insurance company next...

Mark_Hewitt

soontobemrsg wrote: »

I then phoned the bank who have said that I need to call them back after the 1st day of the holiday when I don't go before they are able to try and refynd the money.
Phoning the insurance company next...

Difficult one. I could see you having to take your ex to small claims after the holiday! Which won't be nice.

RadoJo

Would it be worth trying ABTA (http://www.abta.com/home) as they are the regulators of travel agents and if the reason the holiday has been put in your husband's name is solely due to his relationship with the travel agent, then they might be able to intervene.
If, however, you put the holiday in your husband's name when you booked it, things may be a little more difficult, but I would suggest writing to them, recorded delivery, to officially dispute the manner in which the booking is being handled just to see if having it in writing makes any difference. And it's worth a try with your insurers - hopefully one of those avenues will get a result.

Good luck, it sounds as though you have enough to worry about without something that should be fun adding to the stress.

soontobemrsg

Thanks to everyone who have taken the time to post. I have spoken to my insurers who are sending me out a claim form, so we will have to wait and see on this one. I also spoke to ABTA who say there is nothing they can do as my ex husband is the person who entered into the agreement with the travel agents and not me and it doesn't matter who pays only who is lead passenger. It seems a very unfair situation as I just want the money I paid for myself and my children to be able to book another holiday.