Laura Ashely Mastercard Section 75?

Bella79

Hi all

Long Story short, we booked Thomas cook flights not ATOL protected. We contacted laura Ashley as soon as they went into administration.

After waiting over a week for Section 75 forms they have finally arrived, however it states on the form that they can not help or will not consider the claim unless the date of expected delivery has passed? The flight were for next May 2020. We cant wait until then for the cash back as we need to re-book? Can anyone offer any advice?

or do we need a chargeback?

Also will it matter that my friend paid on her Credit card (she's a named passenger she was travelling with us) but the invoice/remittance came in my name because I did the booking and she paid? She paid the balance off in full from her bank account.

Sorry for all the questions is so stressful were talking £1000s of pounds that we have saved over a very long time

Terry_Towelling

If your friend paid on her card, then she is the debtor and she is the one who will have to claim from her card company.

If the full value was paid by card, her card company will most likely recover the loss through the Chargeback mechanism - there is no need to get bogged down with a S75 claim unless there are consequential losses.

No, you don't have to wait until the date of travel is passed as it is known quite widely that no bookings will be honoured. Some issuers may say you have to wait, but that is not correct in a situation such as this. Sadly, not all issuers are created equal.

payless

LA card is issued by New Day.. the name behind a few other store credit cards including Debenhams

born_again

You really need to look at a chargeback, but as they said you have to wait till after date of travel. I think that is what they are doing.

Give it a couple of weeks and see if the bank & Visa have made their mind up and allow future dated travel to be actioned now.
This happened with all the other travel co's that have gone under. Just takes then a while to get a decision.

Ben8282

To avoid any confusion, the claim must be made by the cardholder to the company issuing the credit card used for payment.
The bit about their not considering the claim until the date of expected delivery has passed may well be standard wording on the forms and I don't think would apply in this case.
The credit card issuers are well aware of the Thomas Cook situation and I really can't imagine that any of them would be unnecessarily difficult.

Terry_Towelling

This is a MasterCard transaction and I believe the MasterCard rules say something like:-

However, the issuer may charge back the transaction immediately (and not wait until the latest
anticipated delivery or performance date has passed) upon learning the merchant will not provide
the goods or services because, for example, for the merchant is no longer in business.

Admittedly, this is from a US rules book, but I doubt the situation will be materially different in the UK - fingers crossed.

jonesMUFCforever

I agree with the above posts - imo it is very important that TC went into liquidation not administration.
If they were in administration I can see the point that you would have to wait until after the date of travel before claiming as you could argue that someone else would take over the business.
However liquidation is final - there will be no flights from now on so they should refund within days/weeks.

Bella79

Thank You all for your replys.

I think the paperwork they have sent me is for a section 75?

Do I need to call them back and ask them to do a chargeback?

[Deleted User]

As you didn’t make the payment, your friend needs to call to initiate any chargeback or S.75 requests.

Bella79

!!! wrote: »

As you didn’t make the payment, your friend needs to call to initiate any chargeback or S.75 requests.

yes it was my friend who contacted them, its her card shes the debtor. It was a holiday we were all going on together, which is why I'm so involved

She paid our flights, I paid accommodation

Bloody nightmare

born_again

>> She paid the balance off in full from her bank account. <<

On a debit card?
If so then she needs to contact her bank and request a chargeback on that payment.
Other method. Then that would have to be part of a S75.

Just what was put on her credit card?