First Choice Travel refusing full refund of cancelled package holiday

wealdroam

leavold wrote: »

£650, do you think I should have a word with my cc company about getting it back? I don't want to complicate the full refund I'm eventually going to get from FC when their CEO gets my email in the morning..

The CC company are jointly responsible for the whole amount.
Not just the bit you paid by CC.

Just a different way of trying to get all your money back.

Have a read about Section 75 refunds.

paddyrg

This does seem to be one of those instances where it should be clear cut and legally tried and tested a thousand times over. But bearing in mind I am absolutely unqualified to offer any legal advice, I have a couple of ideas for you, see what you think.

You could sue both parties, and let the courts decide for you.
You could go to a "no win no fee" type litigous legal firm, make sure you keep 100% of your winnings and that they make their money on costs, and let them handle it for you - it's an easy one for them as it is clear that someone will do the repaying, so it's just a case of who and what costs they run up before caving...
You could write a three way letter to the head offices of both FC and H&J asking whether they still feel each other should pay, or whether it is an in-shop training issue...
Sue FC and suggest they countersue H&J if they like, but if your paperwork was all from FC, and receipts for payments from fC, and credit/debit card statements say FC, then it would rather look like your deal is with them!

Just some musings. A real lawyer may come along in a bit, in which case listen to them, not me!

totallyrandom

wealdroam wrote: »

The CC company are jointly responsible for the whole amount.
Not just the bit you paid by CC.

Just a different way of trying to get all your money back.

Have a read about Section 75 refunds.

Good post.

You may need to make the credit card co's full liability clear to them as some try it on.

Are you the main account holder for the card?

leavold

Thanks for all your suggestions. I've emailed a complaint to both company's customer relations departments and also the CEO of Tui, asking why they're failing to comply with the package travel regulations. I'll keep you informed.

maninthestreet

May not be relevant, but did you buy travel insurance for this holiday?

wealdroam

maninthestreet wrote: »

May not be relevant, but did you buy travel insurance for this holiday?

In the original post we were told...

leavold wrote: »

I have insurance but will be about £300 out of pocket if I go down that route...

Chester85

If only hayes and Jarvis and First Choice had a way of communicating to help solve this issue

If only Hayes and Jarvis and First Choice were both owned by TUI Plc and thus could try and work things out for the benefit of each other

Oh wait.....:D

paddedjohn

If you went into PCWorld and bought a Samsung tv then your contract is with PCWorld not Samsung. You bought a Hayes and Jarvis holiday from First Choice, therefore your contract is with First Choice

DVardysShadow

leavold wrote: »

Yes I paid FC. I've been in the store most of today and specifically asked who my contract was with. The store manager said H&J. She wouldn't be lying to me would she?

She would either be lying or ignorant of her duties. See her again and if she stonewalls, take her name and go above her.

aheaton46

I don't understand why the OP spent so much time in the travel agents anyway. I can't see that they would have the authority in a branch to refund that much money; it would need to be at a higher level.