Fake ATOL Certificate

AboveAndBeyond

Hi All, was booked on a holiday with a travel agent who claimed to be ATOL bonded (was on their website, in their Terms and Conditions, and they confirmed it via email). The ATOL certificate they eventually sent was a fake because the company listed as the ATOL protector is an airline (who are not ATOL protected - confirmed with the airline). Raised this with the travel agent, who removed all ATOL references from their website and offered, via email, a full refund without charge over a week ago. Since then they have been using excuses to not issue the refund. Their current excuse is they will only refund my credit card if I pay a 2% surcharge. Considering all credit card fees were banned last year, there is nothing on the travel agent's website stating there will be a surcharge for refunds (it actually states "No surcharge is levied on Credit cards")... and not forgetting they broke the law with their fraudulent ATOL claims, I am refusing to pay any surcharges. Thoughts on how to proceed with this?

unholyangel

I'm assuming you paid by credit card since you want the refund to that?

If so a few points to make:
1) Anti laundering regulations would require refunds to be to the same card
2) Same with consumer legislation
3) Tell them either they can refund you, or your card company can under the consumer credit act - the same act which also entitles the creditor to be indemnified by the trader (subject to the contract between them) for any loss the creditor incurs in settling s75 liability.
4) Or just go straight to the card company and specifically ask to make a section 75 claim under the consumer credit act - and make sure they treat it as such and not a chargeback.