Barrhead Travel

bilko89

Hi folks.
I had a holiday booked for a group of 11 for a stag, which was due to fly out on the 6th June. I received an email to say my holiday was cancelled on the 30th April, with a statement saying  I would receive a phone call to discuss if I would like a cash refund or vouchers. I never received that call. I tried phoning (straight to answer machine with an email address to contact). Sent several emails with no replies as well. 
Then, I noticed Barrhead Travel were back open again and messaged via Facebook on 17th July, where I was promised a refund within 30 days to a nominated bank account. 
Messaged back on the 18th August after I hadn't received anything and was told that there was nothing they could do, they were awaiting the refund coming from Thomsons ( I assume they meant Tui). 
Tried again today and they say there is still no update. What's my next move here? I have over £4500 outstanding, with 10 other guys looking for their money back..... Thanks!

bagand96

When a package holiday is cancelled you have a right to a refund within 14 days. 

It sounds like Barrhead are waiting for the refund from TUI before refunding you. You booked and paid Barrhead, so them not having the money is not your concern. That said, it's likely a simple case of cashflow - they probably can't physically refund everyone until they get money back from their suppliers. 

You could try your card company for a chargeback or Section 75 claim, depending on whether it was a debit or credit card. 

bilko89

bagand96 said:

When a package holiday is cancelled you have a right to a refund within 14 days. 

It sounds like Barrhead are waiting for the refund from TUI before refunding you. You booked and paid Barrhead, so them not having the money is not your concern. That said, it's likely a simple case of cashflow - they probably can't physically refund everyone until they get money back from their suppliers. 

You could try your card company for a chargeback or Section 75 claim, depending on whether it was a debit or credit card. 

Thanks for replying and for your advise.
It was paid by debit card, in instalments so several payments would have to be claimed on chargeback. Does this work for debit cards? 

Just to add, spoke to my bank and they said they can't offer a refund until the retailer refuses one. As Barrhead have accepted they owe me a refund, I can't claim a chargeback.

bagand96

I'm not sure totally sure on the rules around chargebacks. The chargeback schemes are voluntary and administered by Visa/MasterCard/Amex - it's not a legal requirement like Section 75 on a credit card. 

That said, plenty of people have had succesful chargebacks when airlines have not refused a refund but have delayed them.

bilko89

Hi, just to keep everyone informed, incase anyone else is having the same issues as me... My bank said they can't offer a chargeback as they haven't refused me a refund. Since this, I found the complaint Resolver and I entered all the details as I did on the original post here. Since then, they have called to say Tui had issued them with a credit note and not a cash refund as agreed so more waiting again. Hoping that when I can escalate my case on Resolver in 6 days, it gets sorted quickly...

CKhalvashi

bilko89 said:

Hi, just to keep everyone informed, incase anyone else is having the same issues as me... My bank said they can't offer a chargeback as they haven't refused me a refund. Since this, I found the complaint Resolver and I entered all the details as I did on the original post here. Since then, they have called to say Tui had issued them with a credit note and not a cash refund as agreed so more waiting again. Hoping that when I can escalate my case on Resolver in 6 days, it gets sorted quickly...

That's not how chargeback works in travel IME.

I've had issues with Ryanair and SkyUp (Ukrainian law virtually mirrors EU law, so despite the fact the flight didn't touch the EU it was protected in a similar way). Both have offered a refund, Ryanair messed around for 2 months, Skyup wanted 6 months to refund in the wrong currency, but both have been dealt with through Chargeback without issue, as neither refund was processed within 7 days as per the relevant law.

For packages, the company has 14 days to refund instead of 7, and therefore if they have not done this, you are within your rights to claim via the chargeback procedure as the services and a refund have not been delivered.

bilko89

CKhalvashi said:

bilko89 said:

Hi, just to keep everyone informed, incase anyone else is having the same issues as me... My bank said they can't offer a chargeback as they haven't refused me a refund. Since this, I found the complaint Resolver and I entered all the details as I did on the original post here. Since then, they have called to say Tui had issued them with a credit note and not a cash refund as agreed so more waiting again. Hoping that when I can escalate my case on Resolver in 6 days, it gets sorted quickly...

That's not how chargeback works in travel IME.

I've had issues with Ryanair and SkyUp (Ukrainian law virtually mirrors EU law, so despite the fact the flight didn't touch the EU it was protected in a similar way). Both have offered a refund, Ryanair messed around for 2 months, Skyup wanted 6 months to refund in the wrong currency, but both have been dealt with through Chargeback without issue, as neither refund was processed within 7 days as per the relevant law.

For packages, the company has 14 days to refund instead of 7, and therefore if they have not done this, you are within your rights to claim via the chargeback procedure as the services and a refund have not been delivered.

Thanks for this, so basically I should press my bank again and explain clearly that I've waited well over the allowed 14 days?

CKhalvashi

bilko89 said:

CKhalvashi said:

bilko89 said:

Hi, just to keep everyone informed, incase anyone else is having the same issues as me... My bank said they can't offer a chargeback as they haven't refused me a refund. Since this, I found the complaint Resolver and I entered all the details as I did on the original post here. Since then, they have called to say Tui had issued them with a credit note and not a cash refund as agreed so more waiting again. Hoping that when I can escalate my case on Resolver in 6 days, it gets sorted quickly...

That's not how chargeback works in travel IME.

I've had issues with Ryanair and SkyUp (Ukrainian law virtually mirrors EU law, so despite the fact the flight didn't touch the EU it was protected in a similar way). Both have offered a refund, Ryanair messed around for 2 months, Skyup wanted 6 months to refund in the wrong currency, but both have been dealt with through Chargeback without issue, as neither refund was processed within 7 days as per the relevant law.

For packages, the company has 14 days to refund instead of 7, and therefore if they have not done this, you are within your rights to claim via the chargeback procedure as the services and a refund have not been delivered.

Thanks for this, so basically I should press my bank again and explain clearly that I've waited well over the allowed 14 days?

Yes, I referred them to EC261, however you'll need to refer them to the EU Package Travel Directive, the full contents of which can be found here.

Include a link to the directive in any correspondence and highlight to them the relevant parts. You're not under any obligation to, however it will make everything run faster. The specific terms that you'll need is 'services not received', which paired with the legislation will mean that the company legally owes you the money.

If they refuse once you've done this, it's complaint time, and if you haven't got a satisfactory answer after 8 weeks, it'll be FOS time. Hopefully it doesn't go this far though.

bilko89

CKhalvashi said:

Yes, I referred them to EC261, however you'll need to refer them to the EU Package Travel Directive, the full contents of which can be found here.

Include a link to the directive in any correspondence and highlight to them the relevant parts. You're not under any obligation to, however it will make everything run faster. The specific terms that you'll need is 'services not received', which paired with the legislation will mean that the company legally owes you the money.

If they refuse once you've done this, it's complaint time, and if you haven't got a satisfactory answer after 8 weeks, it'll be FOS time. Hopefully it doesn't go this far though.

That's brilliant thanks very much. I'll update on here when I have one!

Alan_Bowen

There may be a fly in the ointment, presumably, you collected the payment in cash or cheque from the other travellers? In that case, 90% of banks say as they did not use a card for payment, they will only refund you as the person who did. Say nothing but when they see the list of names unless it is one big family, do not be surprised be told your one-eleventh is protected but not the rest. This may mean you really do have to wait for TUI to refund!

CKhalvashi

Alan_Bowen said:

There may be a fly in the ointment, presumably, you collected the payment in cash or cheque from the other travellers? In that case, 90% of banks say as they did not use a card for payment, they will only refund you as the person who did. Say nothing but when they see the list of names unless it is one big family, do not be surprised be told your one-eleventh is protected but not the rest. This may mean you really do have to wait for TUI to refund!

I personally doubt that's the case, at least for Chargeback (S75 legally may be different story).

OH isn't a cardholder on my CC, we don't have the same last name, however I had no issue reclaiming money for tickets on the same booking through Chargeback. On the form I simply stated 'two one way tickets from x to y on z date', enclosing copies of the original booking. The person I was travelling with could have been anyone resident anywhere, especially as the most recent problematic booking was both departing and arriving a country other than the UK.