Amex & Love Holidays

aej50

I completed a section 75 claim with Amex, the money was initially repaid on my account. Now after love holidays response it’s been re aaplied to my account. I refused a voucher from loveholidays, they refused to give me my cash refund, so what now?

anyone else had this? Seems Amex are happy to help loveholidays break the law too !

Life__Goes__On

It must have been a Chargeback.  Tell Amex you want to see the evidence used by LH. I believe with Amex  you can  refile a Chargeback. If they refuse make a formal complaint about how they handled the Chargeback
If that fails then raise a Section 75
 (I'm taking it you are due a  refund)

smadden

I'm in exactly the same position as you. Chargeback attempted with amex for a £4k package holiday with love holidays. Paid in 4 instalments. One chargeback upheld but 3/4 have been taken from the credit card again. Regular calls to amex to complain. Re-opened chargeback again - same outcome. I think chargeback reasons were service not received. Complaint to amex now with senior complaints team. I have provided evidence that they are only offering vouchers amounting to £1300 (for a £4k holiday) and on numerous occasions tried to highlight their position based on the T&C at time of booking.

Responses from amex include:
- LH have provided a copy of the T&C and booking ref (plus a new page discussing refund credit notes and refunds after 31st July 2020) so therefore i should accept this.
- that LH are a booking agent therefore not responsible for the services not received from 3rd parties(not true its a package holiday).

Its so frustrating. Despite trying to highlight that the T&C (even the ones sent to amex) and package holiday regulations state i am due a full cash refund Amex don't get it. I have little hope. I have gone down the route of saying refund not received as i can't open anymore chargebacks. I have also issued a section 75 by post and uploaded online at the end of April. Which hasn't even been looked at yet. Hoping the complaints team may resolve some of this but not hopeful.

Life__Goes__On

smadden said:

I'm in exactly the same position as you. Chargeback attempted with amex for a £4k package holiday with love holidays. Paid in 4 instalments. One chargeback upheld but 3/4 have been taken from the credit card again. Regular calls to amex to complain. Re-opened chargeback again - same outcome. I think chargeback reasons were service not received. Complaint to amex now with senior complaints team. I have provided evidence that they are only offering vouchers amounting to £1300 (for a £4k holiday) and on numerous occasions tried to highlight their position based on the T&C at time of booking.

Responses from amex include:
- LH have provided a copy of the T&C and booking ref (plus a new page discussing refund credit notes and refunds after 31st July 2020) so therefore i should accept this.
- that LH are a booking agent therefore not responsible for the services not received from 3rd parties(not true its a package holiday).

Its so frustrating. Despite trying to highlight that the T&C (even the ones sent to amex) and package holiday regulations state i am due a full cash refund Amex don't get it. I have little hope. I have gone down the route of saying refund not received as i can't open anymore chargebacks. I have also issued a section 75 by post and uploaded online at the end of April. Which hasn't even been looked at yet. Hoping the complaints team may resolve some of this but not hopeful.

Tell Amex unless you get the Chargeback, you want a "letter of deadlock" for the Ombudsman, as NO T&Cs override the Package Travel and Linked Travel Arrangements 2018 and they are not following the correct procedure in their own Code.
Under the American Express Code Love Holiday needs to provide evidence that the Chargeback has been raised in error,
Pointing to their own T&Cs  in itself is not evidence,  as this needs to be supported in law.
Love Holidays have failed to show any evidence that their T&Cs are supported in law,  whereas,  in your evidence that you provided is supported in law.
  

Alan_Bowen

Also, send a copy of your ATOL Certificate which will identify the purchase of a package holiday and which therefore requires them to chase other suppliers rather than you