Charge back failed, what next?

leebrown21a

I was due to be on holiday this week, had paid for the entire holiday via Amex.  I had asked for a refund from the travel agent but they refused, citing that they disagreed with the 14 day refund legislation for package holidays and instead offered a Refund Credit Note that if I hadn't used by March 2021, then I would get a full refund...so in effect saying i have to wait a year.  I tried a charge back, but after nearly 5 weeks this has been rejected on the grounds the agent offered a credit note.  What would be the recommended next step to try to recoverthe money?
Thanks

Life__Goes__On

leebrown21a said:

I was due to be on holiday this week, had paid for the entire holiday via Amex.  I had asked for a refund from the travel agent but they refused, citing that they disagreed with the 14 day refund legislation for package holidays and instead offered a Refund Credit Note that if I hadn't used by March 2021, then I would get a full refund...so in effect saying i have to wait a year.  I tried a charge back, but after nearly 5 weeks this has been rejected on the grounds the agent offered a credit note.  What would be the recommended next step to try to recoverthe money?
Thanks

With a Chargeback they have their own rules.
If it's a credit card, then they have to follow the CCA 1974,  so if it is a credit card file a Section 75
If they   refuse and  give the same reason make an official complaint about it.

Streaky_Bacon

Although ABTA are supportive of credit notes they still make it clear that cash refunds are a legal requirement if demanded.
Raise a complaint with Amex, point out that s14 of The Package Travel and Linked Travel Arrangements Regulations 2018 requires a refund within 14 days and also find send them latest ABTA guidance, although charge back is not a legal requirement, they need to be making decisions that are based upon the correct legal position. 
At the same time, as LGO suggests, raise a s75 claim with Amex. 
Also, if they are a member, start an ABTA complaint against the agent. 

bobblebob

I bet alot wont directly offer you a cash refund, hoping you dont know the law. However if you challenge them they may soon change their mind, especially if you threaten small claims court

Alan_Bowen

I am surprised at the refusal as the evidence appears to be that Amex has been far more generous in refunding than either Visa or Mastercard. If it is a credit card go, as suggested for a s75 claim

Life__Goes__On

Alan_Bowen said:

I am surprised at the refusal as the evidence appears to be that Amex has been far more generous in refunding than either Visa or Mastercard. If it is a credit card go, as suggested for a s75 claim

I'm surprised as well,I believe with Amex, you can resubmit a Chargeback, so that also might be a way to go.

EmpressBlandings

I've just put in a chargeback and the nice lady at Visa said it was unlikely to succeed because the cancellation by the holiday company was due to government restrictions. Which was a new one on me--I don't think it would have held up the other way round!

Oh, not helped by the fact that the company in question refused to put on paper that they wouldn't refund.

Life__Goes__On

EmpressBlandings said:

I've just put in a chargeback and the nice lady at Visa said it was unlikely to succeed because the cancellation by the holiday company was due to government restrictions. Which was a new one on me--I don't think it would have held up the other way round!

You have people that are paid to answer the phone, and they can  make comments that are totally wrong, and ends up they can worry someone who doesn't know the legal rules.

You would be unlikely to succeed if you were trying to claim compensation,  but if you are trying to get a refund, this is not grounds for a rejection.

EmpressBlandings

I agree, but what was clear was that she was reading from a script, so this is official advice from Visa.

Life__Goes__On

Visa (and Mastercard) did advise at first that vouchers were an acceptable replacement to a refund,  but they had to change that advice to say if a customer rejected a voucher then can have a refund.
I think if Visa have started to the kind of advice you got from them,  this will be swiftly reversed.
I will ask others who do a Chargeback  if they have had the same advice.