Help - Credit Card refund problem.

Mrs_Bear_133

I'll try to keep this brief. In January 2013 I purchased 2 return flights from Brazil, this was for immediate family who were flying out, with no plans to return, but the carrier - Air Italia, wouldn't let them board without return flights. Paid with MasterCard for flights on the understanding the money would be refunded within days of cancelling the tickets. After much messing around by Air Italia, I cancelled the tickets as soon as family were safely in Brazil. Air Italia said it would be a few months before the money was refunded.

I called MasterCard also in January and told them of my concerns with the refund time etc, and a note was made on my customer records.

6 months down the line, I am still waiting for my refund. Every time I talk to Air Italia, they assure me it's on the system to be done, but I'm no closer to getting £4k back.

After my last call to Air Italia on 10th July, I spoke to MasterCard to see if they could help me. They said send an e-mail into the Disputes people and they'll get back to you. I sent a copy of an e-mail off Customer Services also dated January, to MasterCard that confirmed I was due to get a refund, but with no idea when.

MasterCard have got back to me today to say they can't help as my dispute is over 180 days old. I explained that nobody told me I had to file a dispute within 180 days, nobody from the call center said I should speak to Disputes for advice on this. I have been advised to try to get another e-mail from Customer Services confirming the refund and only then will MasterCard Disputes be able to help me.

My big concern is what if I don't/can't get an e-mail? Air Italia have said many times I'll get my money back, but I'm paying interest on £4k for flights that were cancelled back in January.

Any suggestions anybody?

Thank you.

grumbler

Mrs_Bear_133 wrote: »

MasterCard have got back to me today to say they can't help as my dispute is over 180 days old. I explained that nobody told me I had to file a dispute within 180 days, nobody from the call center said I should speak to Disputes for advice on this. I have been advised to try to get another e-mail from Customer Services confirming the refund and only then will MasterCard Disputes be able to help me.

I guess, you mean your CC company, not Mastercard.

What they say makes no sense to me and sounds like fobbing you off.
Firstly, I have not heard of 180 days time limit. And if it really is the case, I don't see how a new e-mail can change anything, especially if Air Italila refuse to communicate.

Anyway, if AI don't send you a e-mail you can send them a recorded letter giving them, say, one week to reply. Then go to the CC company with the proof of delivery.

Ultimately, if the CC company keeps using excuses for not paying, you can just sue them via a small claims court (online).

Mrs_Bear_133

Thanks Grumbler.... I'll just clarify that my card is a Sainsbury's MasterCard. The e-address they gave me ended in Lloydsbanking to register the dispute. The lady I spoke to a 'Sainburys Bank', said that the dispute procedure was governed by MasterCard and their policies etc.

I think your idea of a recorded delivery letter is great, but would that and the Small Claims Court work when the Head Office of Air Italia (and the people I am dealing with) is based in Italy?

Thank you

grumbler

Mrs_Bear_133 wrote: »

... The lady I spoke to a 'Sainburys Bank', said that the dispute procedure was governed by MasterCard and their policies etc.

There are two types of procedures: chargeback and s75 claim.
Visa, Mastercard & Amex Chargeback
Section 75 refunds

They might look similar, but per se are very different.

The first one indeed is governed by Mastercard policies and (I think) isn't enforceable via UK courts.

The second one is governed by the Consumer Credit Act and a UK CC company is jointly liable with AI.

Personally, I don't see how your case (refund for cancelled tickets) can be covered by chargeback.

I think your idea of a recorded delivery letter is great, but would that and the Small Claims Court work when the Head Office of Air Italia (and the people I am dealing with) is based in Italy?

I think you can sue AI in UK, but regardless you can sue the CC alone.

Mrs_Bear_133

OK, thanks for that. They have said there is nothing to be done with Air Italia, and as a result, at my request, they have escalated my Dispute into a Complaint! I'll see what next week brings.... maybe I might actually get somebody who knows what they are talking about.... possible, but unlikely.

chattychappy

grumbler wrote: »

The first one indeed is governed by Mastercard policies and (I think) isn't enforceable via UK courts.

Agree with your analysis (as usual). For completeness, yes chargeback isn't enforceable by cardholders in the courts. This is because there is no privity of contract - ie it's part of the contract between merchants and their providers, not the contract between cardholders and their CC. However, the FOS has said that given the availability of the scheme, it would be unfair of CCs not to use chargeback to assist cardholders where it's available.

I believe the 180 day limit might be the limit during which chargeback has to be initiated.

OP - did you buy the tickets direct from the airline or via an agent?

You might consider asking the question over at flyertalk http://www.flyertalk.com/forum/alitalia-millemiglia-635/. I don't use Alitalia myself, but threads on how to get refunds to happen sometimes come up.

Mrs_Bear_133

ChattyChappy - I got the ticket from Air Italia's ticket desk at Heathrow.

Gemma__3

How would Section 75 be successful They bought a return ticket, The return leg wasnt made by the passengers but the service was there to be obtained.

I'd have never booked a return ticket for a single trip. I'd have found a carrier that could do a single ticket.

grumbler

Gemma_ wrote: »

How would Section 75 be successful

Very simple. The tickets bought were returnable and refundable. However, the supplier failed to fulfill their obligation to return the money after the backward tickets had been cancelled. Air Italia can be sued for this. So can the CC company that is jointly liable.

Fruit_and_Nut_Case

chattychappy wrote: »

I don't use Alitalia myself...

The OP says Air Italia which seems to have some connection with Niki Lauda's empire. I wonder if they are actually still in business by that name, in which case the OP may be dealing with an organisation which doesn't give a ****.

Gemma__3

grumbler wrote: »

Very simple. The tickets bought were returnable and refundable. However, the supplier failed to fulfill their obligation to return the money after the backward tickets had been cancelled. Air Italia can be sued for this. So can the CC company that is jointly liable.

But the agreement was for travel? The OP never had the intention of making the return journey so surely theyve breaking the agreement.