Section 75?

mgfvvc

We have just had confirmation of cancellation of our flights from TAP Portugal. Their website states that they will only offer vouchers and we have to confirm that  we will not raise a section 75 dispute as part of the application process.

We are not prepared to accept a voucher, so the way forward seems to be section 75. I Moneybox they said that to claim successfully under section 75 you needed to show that you had made a serious effort to get a refund. I can't find the quote now.

Am I likely to get knocked back if I don't spend a lot of time and effort getting a refusal from their call centre before claiming under section 75.

It's a John Lewis Partnership Card that I would be claiming on.

Life__Goes__On

If Moneybox said that they are wrong. Under Section 75 of the Consumer Credit Act 1974, the credit card company is jointly and severally liable for any breach of contract.
If you didn't want to deal with TAP  you can bypass them altogether.
The credit card company might tell you you have to deal with TAP,  but you can refuse, quoting the CCA 1974

But before the S75,  go with Chargeback as that can be alot quicker.
 

mgfvvc

The law is one thing, how companies choose to implement it may be a different thing entirely, which is why I'm concerned about getting the process right. I'm probably over thinking it. I get anxious about dealing with large bureaucracies like the banks. I'm pretty much on the 120 day limit for a chargeback, so I'll get on with it.

Life__Goes__On

mgfvvc said:

The law is one thing, how companies choose to implement it may be a different thing entirely, which is why I'm concerned about getting the process right. I'm probably over thinking it. I get anxious about dealing with large bureaucracies like the banks. I'm pretty much on the 120 day limit for a chargeback, so I'll get on with it.

With a Chargeback  it time will start from the date of the problem first occurred,  so will be the date your flight was cancelled.

Durban

Life__Goes__On said:

mgfvvc said:

The law is one thing, how companies choose to implement it may be a different thing entirely, which is why I'm concerned about getting the process right. I'm probably over thinking it. I get anxious about dealing with large bureaucracies like the banks. I'm pretty much on the 120 day limit for a chargeback, so I'll get on with it.

With a Chargeback  it time will start from the date of the problem first occurred,  so will be the date your flight was cancelled.

Are you sure about this? Please can you clarify.

 I booked a holiday through Love Holidays and paid for it in full.  Holiday has not yet been cancelled but more than likely will be. I am due to go at the end of May.

Now I thought that I would be out of time for chargeback as it states 120 days from paying for the service. This is what it says on this site.

I would far rather do chargeback than Sec 75 but didn't think that I could.

Thanks Life-Goes-On

Life__Goes__On

https://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback
There is a time limit on chargeback claims - typically 120 days from the transaction processing date, or from when you expected to receive the goods/service if it’s being delivered. So, contact your bank as soon as you identify the problem because the clock may have already started ticking.

The delivery day as it's a service  would either be date of trip  or date of cancellation (personally I think the latter as that's when problem was first known about,  but I could be wrong) 

JPW88

I booked BA flight tickets through an agency (BYOJet) who after agreeing a refund have stopped responding.  When I asked to start a section 75 claim with my HSBC Premier account I was told I cannot do it because the agency represented a third party and Section 75 doesn't apply to them.  Is this true?

Life__Goes__On

JPW88 said:

I booked BA flight tickets through an agency (BYOJet) who after agreeing a refund have stopped responding.  When I asked to start a section 75 claim with my HSBC Premier account I was told I cannot do it because the agency represented a third party and Section 75 doesn't apply to them.  Is this true?

Yes (partly true),  but you can file a Chargeback.

EmpressBlandings

Most (if not all) banks will tell you to do a clawback first before S75. This is for obvious reasons (clawback isn't THEIR money!)

saini42

JPW88 said:

I booked BA flight tickets through an agency (BYOJet) who after agreeing a refund have stopped responding.  When I asked to start a section 75 claim with my HSBC Premier account I was told I cannot do it because the agency represented a third party and Section 75 doesn't apply to them.  Is this true?

No, that is not correct at all.

What sort of legal system would we all be in if everyone needed to gain the approval of the defendant before bringing a calim against them?

You can file your claim today based on Section 75 of the Consumer Credit Act by using moneyclaimonline.

Whether or not you will win is another matter.  Only a judge can decide that. Good luck.

JPW88

Are you absolutely certain about this?  It was the claims department of HSBC that said ByoJet was as an agency a third party so a section 75 cannot be used.