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Section 75

I paid for a holiday with Low Cost Holidays for me and some friends through my Barclaycard.

The flights are okay but the accommodation has not been paid. I contacted Barclaycard yesterday and they are sending out the appropriate paper work to submit a claim.

Will I be able to claim for all the money lost or just a proportion for my own accommodation costs?

Comments

  • i have same question, my dad bought our holiday on his credit card and we paid him back , hopefully it can still be claimed. maybe say its a gift?
  • deloodid
    deloodid Posts: 40 Forumite
    If all the cost came off that Barclaycard they should pay the full ballance back.
    Low Carb Dieter. start 18.8, currently 14.4
    Target is 14 stone.

    Wins so far = Tea Or Coffee Brooches.
  • eddddy
    eddddy Posts: 18,439 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AY17 wrote: »
    I paid for a holiday with Low Cost Holidays for me and some friends through my Barclaycard.

    The flights are okay but the accommodation has not been paid. I contacted Barclaycard yesterday and they are sending out the appropriate paper work to submit a claim.

    Will I be able to claim for all the money lost or just a proportion for my own accommodation costs?

    The holiday company have breached their contract with you - so you can claim your losses that resulted from that breach.

    So if you have to pay the accommodation provider again - you can claim that cost via s75.

    Or if you have to book alternative similar accommodation instead - you can claim that cost via s75.

    Or if you are unable to travel at all as a result of the breach - you can claim the entire cost of the holiday via s75.
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    i have same question, my dad bought our holiday on his credit card and we paid him back , hopefully it can still be claimed. maybe say its a gift?
    I don't believe "gifts" are covered. I believe the claimant (the debtor in the D-C-S relationship), ie your dad, has to have had/expected some benefit from the purchase.

    Check out the FOS website for some case studies on section 75 and gifts.
  • AY17
    AY17 Posts: 2 Newbie
    I have read some case studies that the claimant has to have some benefit from the purchase which has worried me but I have also read a case study of a claim being accepted for family flight tickets even though they were individual tickets.
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