How to do Section 75 against Holiday Autos?

StuieUK34

Hi all,

If any of you have done the process of a Section 75, i would appreciate your help on this one....

Made a booking with Holiday Autos for car rental in the US (for May 27th).
Holiday Auto's, like most car rental brokers offer free cancellation before pickup....
I cancelled my booking on the 13th April.
30 Days later, still no refund.  Online booking shows cancelled.   The online chat has a copy/paste message saying refunds should be done by 31st may or after.....
Dont fully know the refund rules for businesses operating in the UK, but thought it was supposed to be upto 28 days the retailer/supplier can take ?

As i get the feeling the supplier will drag this out and not pay the refund, am i within my rights to start a section 75 with lloyds credit card to recover my monies ? (over £100)......

neilmcl

There's been no breach in contract so I'd doubt your S.75 claim would work.

DoaM

Was your card actually debited or were the funds merely reserved?

StuieUK34

credit card had £176 funds taken from it on the 9th March when i made the booking.
I cancelled the booking on the 13th April... (confirmed cancelled)
The retailer offers free cancellation. 

@Neil - so your saying that no breach has occured ?  consumer makes purchase - purchase cancelled in line with T&C - no refund received as retailer is holding onto the money, possible collapse, etc etc....     But either way, there is no breach, as i paid for a service, cancelled, and not received refund, so no breach ?   Just making sure thats correct........  Or do you mean that a retailer can issue a refund upto 100 years later, so as long as they do within the 100yrs, there is no breach ??   as said, just making sure its correct that no breach is in place......

Doa - card was debited, the same consumer transaction as if purchasing a product/service from an online retailer, and not receiving/cancelling the order, you would expect a refund for the funds that were debited (like buying a jacket and returning still sealed)...

born_again

Who debited the card?
Free cancellation is a very vague term. It does not meant they will refund any deposit. You need to check the T/C re deposit refunds.
Remember you are dealing with a US co, so consumer rights are different. Chuck in Covid 19 and you have a mess and delays.

StuieUK34

understood, appreciate covid issue too.....  wasnt a deposit, i paid for a service which includes free cancellation/refund.....
Holiday Auto's took the payment, as thats who i made a contract with...

Although i read that section refers to the credit card, so irrelivant of the country of purchase....  and in this case, holiday autos is powered by car trawler, which is registered in Ireland.....
Vague terms for free cancellation , is being abused at the moment i know, as holiday extra's along with other firms are misleading customers into "cancellations" and then providing vouchers....

However, my scenario isnt about that, holiday autos clearly state a full refund is given, its the timing that i am working off, hence thinking of approaching the credit card firm.... (it will be over 30 days by the time i would start a section 75)
Under consumer law, it is considered 'unreasonable' for refunds to take over 30 days.......
Same as my credit card company would deem me a late payer if i didnt pay my bill, which in turn caries a penalty, a mark on my credit report, etc etc...

Jumblebumble

born_again said:

Who debited the card?
Free cancellation is a very vague term. It does not meant they will refund any deposit. You need to check the T/C re deposit refunds.
Remember you are dealing with a US co, so consumer rights are different. Chuck in Covid 19 and you have a mess and delays.

Could you give us a few examples of companies who do not refund all your money under a free cancellation contract term

StuieUK34

Have filled out the form with lloyds credit card for Section 75 against HOLIDAYAUTOS.COM   for refusing to refund me for a booking made with free cancellation, which was cancelled a long time ago....

Will post back with updates (makes a good read, even if the outcome does or doesnt get me a refund)

On a side note, i will setting up a business called "Super Car Exotic Hire  . CON  "
I'll be accepting credit card bookings only, and each rental you select, for any super car around the world, will cost you £99 ., no matter the length of the booking  
The business will be registered outside of the UK   , but it will have a UK telephone number to make customers think they are talking to a british firm, along with massive T&C's hiding the firm's identity.....   Online chat only, and no email contact....  online chat being served by someone who just does copy & paste replies....
Could be a sucess i reckon !

bris

StuieUK34 .

Although i read that section refers to the credit card, so irrelivant of the country of purchase....  

It's not irrelevant to the country of purchase. Whilst you can claim from any country the country's laws are still binding on you.

So if their is no breach in that country S75 will fail. Looks like you have a case though so np there but a CC issued in the UK doesnt give you UK rights all over the world.

born_again

Jumblebumble said:

born_again said:

Who debited the card?
Free cancellation is a very vague term. It does not meant they will refund any deposit. You need to check the T/C re deposit refunds.
Remember you are dealing with a US co, so consumer rights are different. Chuck in Covid 19 and you have a mess and delays.

Could you give us a few examples of companies who do not refund all your money under a free cancellation contract term

?
I never made any mention about any companies who don't.

But I'll chuck this one in.
Booking.com.
They state free cancellations, but hide in the T/C that it depends on the hotels T/C.
Sure Booking.com do not charge to cancel. But the hotels will if it's in their T/C.