Credit card reclaim ?

crystal_clear

Hi there

I wonder if anyone could help me with my question on reclaiming and where i stand.

Long story short Flights booked via a travel company the airline went bust flights are ATOL protected.
I want to claim via credit card to get money back quicker as replaced flights with same travel company but cards almost maxed now and ATOL take to long.
My CC is with HSBC and they say I should claim from CAA but I dont want to wait.
Can I claim on CC and how do i legally stand can they force me to get in the queue with ATOL or not.

I am already in ATOL queue for earlier failed flights this year (seperate issue)


Crystal clear

jonesMUFCforever

My opinion if it is ATOL protected then you claim that way - unless you can find a term and condition where you can show you can queue jump and claim direct from the card company.
I know the credit card company is equally liable but they will only get involved after ATOL.

luci

Yes you can only claim against the CC if there is no-one else you can claim from.

Elbee

I can't see why you can't pursue the cc company directly - under S75 of the Consumer Credit Act it gives joint and severable liability - i.e. you can claim from one or the other or both. Don't see why you have to go through ATOL first. I would go back to cc company and be prepared to persevere. It's not queue jumping - it's your legal right if you wish to pursue it.
Good Luck

crystal_clear

jonesMUFCforever wrote: »

My opinion if it is ATOL protected then you claim that way - unless you can find a term and condition where you can show you can queue jump and claim direct from the card company.
I know the credit card company is equally liable but they will only get involved after ATOL.

Thanks for the opinion but i must ask was the negativity really called for. I did explain I was looking for the legalities of pursuing such a claim and that I have already got a seperate claim still going through ATOL (nothing to do with this one) I am not trying to queue jump at all but am now finding myself in a position that my card is maxed because of them so whilst I have the seperate one with Atol would like to take this one via CC company in order to free up some of my credit card in the event we do get to take our flight and god forbid I need my card as back up while away.

Crystal clear

Elbee

crystal_clear wrote: »

Thanks for the opinion but i must ask was the negativity really called for. I did explain I was looking for the legalities of pursuing such a claim and that I have already got a seperate claim still going through ATOL (nothing to do with this one) I am not trying to queue jump at all but am now finding myself in a position that my card is maxed because of them so whilst I have the seperate one with Atol would like to take this one via CC company in order to free up some of my credit card in the event we do get to take our flight and god forbid I need my card as back up while away.

Crystal clear

Your cc company would like you to claim through ATOL - much easier for them that way. However, you are not legally obliged to do so - it's not queue jumping. You need to do the best for you, not for the card company. Perseverence is the key with them. Ask them why S75 doesn't apply to them and then keep working your way up the food chain until someone realises you will not go away. If you need to see written proof that it applies, PM me and I'll point you in the right direction.

crystal_clear

Thanks for the reply.
PM sent.

Crystal clear

opinions4u

Your big problem with pursuing the credit card company is that they will need proof that ATOL aren't dealing with it and will refuse to pay out.

Until that happens, you won't get far.

The most likely outcome of pressing the card company is that somebody there, eventually, will press ATOL to push you up the pecking order.

Elbee

opinions4u wrote: »

Your big problem with pursuing the credit card company is that they will need proof that ATOL aren't dealing with it and will refuse to pay out.

Until that happens, you won't get far.

The most likely outcome of pressing the card company is that somebody there, eventually, will press ATOL to push you up the pecking order.

As the OP has the legal right under S75 to claim against the card company - as long as they don't pursue both, I'm not sure why they will need proof that ATOL aren't dealing with it? Not trying to be a smart !!!, but just interested to know why.

moonrakerz

Elbee wrote: »

As the OP has the legal right under S75 to claim against the card company - as long as they don't pursue both, I'm not sure why they will need proof that ATOL aren't dealing with it? Not trying to be a smart !!!, but just interested to know why.

For the simple reason that the bank would rather ATOL paid out the money than them ! Anything they can do to be awkward..............

Elbee

moonrakerz wrote: »

For the simple reason that the bank would rather ATOL paid out the money than them ! Anything they can do to be awkward..............

that's what I thought, but wondered if there was some obscure legal reason why the op had to prove it because I don't know of any!