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Thomas Cook consequential loss.
Comments
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A quick update.
Barclaycard are sticking to their guns so I have now initiated a complaint with the financial ombudsman.0 -
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thanks.
will do0 -
Lpool121 is a in a better situation than me! I had 2 return flights booked with TC for next Sept for my wife and myself. After the collapse I re-booked (like for like) with a different airline at an additional cost of £600 and claimed the difference with Halifax Clarity Card. Halifax have refused the claim saying that they are not liable for any consequential losses associated with the companies collapse.
We were also was due to fly home from Vegas just after the collapse with TC. As a result we were delayed in Vegas by 1.5 days, I claimed the associated costs of being in Vegas with Halifax Clarity, they have refused these costs citing the same above reason!0 -
Hi blueste, I don't see how Halifax can have a different attitude towards your consequential losses as Section 75 applies to the industry and I wouldn't think that individual companies could apply their own rules.
I was given a Travel Dispute claim form by Barclaycard and quickly received a FULL refund of my unused Thomas Cook flight invoice for myself, my wife AND her sister. Also, a further repayment of the consequential losses for myself and my wife : extra cost for rebooking flights with Jet2. The only refusal to repay was the extra cost of flight rebooking for my sister-in-law as they regarded her as a 3rd party and they say that they do not cover 3rd party consequential losses. I have yet still to see this part of Section 75 rules. If anyone can direct me to that I will be satisfied.
So I suggest that you look further into your Halifax situation, as it doesn't look right.
Below, I have copied a claim form I downloaded from Barclaycard just to show you the detail. Note the line which asks :
*Any other amount that you are claiming for additional expenses incurred: *
Travel liquidation Claim Form
Name:
Account number: (Please quote the card number used for this transaction)
Company:
Names of persons due to travel: Relationship to you:
1
2
3
4
5
6
Please note: the travel insurance premium won’t be reimbursed and any refund claim should be referred to the insurance company, broker or travel agent for advice.
Date of transaction:
Total amount paid on your Barclaycard:
Total amount paid by another method: (cash/cheque/debit card)
Any amount paid by another credit card:
Less travel insurance premium:
Any other amount that you are claiming for additional expenses incurred:
Total amount you wish to claim:
Were any of the services received?
If yes, the value of the service received:
Checklist for documentation required
1 Copy holiday invoice/confirmation (please note, without this documentation we may not be able to evaluate your claim).
2 Letter referring you to your credit card company confirming that the services/holiday will not be provided or any other proof confirming the service will not be provided.
3 If any amount paid using another credit card, confirmation that you have or have not approached the organisation and their response.
4 Any other documentation you feel is relevant to support your claim.
5 Copies of the original airline tickets including, e-ticket or paper ticket.
If you are unable to return any of the relevant documentation please indicate the reasons why in the box below.
Signature (main cardholder):
Date:
On occasions we may need to contact you by telephone, Monday to Friday, about your query. Please provide your contact details below (if appropriate).
8am – 12pm, telephone number:
12pm – 6pm, telephone number:
6pm – 9pm, telephone number:
Return completed form
Travel liquidation form - 3E70
Please return your completed form, together with the required documents to our FREEPOST address: FREEPOST BARCLAYCARD DISPUTES.
Barclaycard is a trading name of Barclays Bank UK PLC. Barclays Bank UK PLC is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register number: 759676). Registered in England No. 9740322. Registered Office: 1 Churchill Place, London E14 5HP. Barclays Bank UK PLC adheres all such situations.0 -
Hi guys
Blueste have you escalated your complaint?In my opinion your claim for added costs should be straight forward.
Overseer you are in the same situation as me and I have not seen anything anywhere to support Barclaycards position.
In my case the loss is mine and not the “3rd party’s”I paid for the tickets and I paid to rebook them.
let’s see what the Ombudsman comes back with.0 -
Hi blueste, I don't see how Halifax can have a different attitude towards your consequential losses as Section 75 applies to the industry and I wouldn't think that individual companies could apply their own rules.
S75 is a very grey area. Each lender will have their own interpretations on the regulation.
TBH S75 was set up when credit was taken out on a the likes of hire purchase. Such as Car, sofa etc So it was quite simple when there were issues.
Not as now where it has been passed to anything over £100 up to £30K
Which is why you will not find agreement between card providers.
Even FCA can not provide hard and fast rules to card providers.
Example, several years ago there was the breast implant scare.
Many would not payout as husband had bought for wife, or additional card holder had bought them.
Yet others took the route to simply pay all out, despite many being over the 6 year limit.
All you can do if not happy with your outcome. Is to raise it as a complaint and see how FOS judge it.Life in the slow lane0 -
Thank you for all your replies. As of now I have only had a brief verbal confirmation as to why my consequential losses claim(s) have been refused from a complaints manager, I am assured the letter will be with me in a day or two. From what I was told they have refused the claim on the basis that TC terms state that I would not be covered for other losses if TC themselves were still operating but had not provided the service.
Since they have not asked for or seen my terms of booking with TC it is hard for me to understand where they have found the t+c's for a company no longer operating. I will be taking out a complaint and if necessary escalate to the Ombudsman.0 -
Terry_Towelling wrote: »It would be interesting to know on what basis the banks are deciding when to pay out and when not, because they all seem to have differing interpretations. The Consumer Credit Act doesn't mention family, friends or the like, it simply mentions the 'debtor' having the option to hold the creditor liable for losses following a breach of contract.
So, are the banks exploiting the definition of the word 'debtor', or are they using some part of the Law of Contract to limit the way they will pay out when the beneficiaries of a contract include people other than the person who originally incurred (and still holds) the debt - i.e. they have received a gift?
The Consumer Credit Act defines a debtor as:-
That doesn't appear to preclude the person incurring the debt from still being the debtor despite other people benefitting from performance of the contract.
On a slightly tangential note, if I own a house jointly (and equally) with several friends and I pay £50 by credit card and £950 in cash for radiators to be installed in each of our bedrooms, but it all goes wrong and I have a claim for breach of contract, is the bank going to say, they will give me back the £50 but the rest of my claim is a consequential loss (which is debatable) and therefore any additional payment will only cover repairs in my bedroom, because the people in the other rooms are not family or dependents of me? That would be absurd.
Would you get a contract with all 4 names on it for radiators? You’ve missed the point a bit Terry.0
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