Barrhead Travel

bilko89

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 was the lead name on the holiday and made every payment using my debit card thankfully. I collected the money from everyone then paid it myself. So every payment (17 in total) came from me.

I've spoken to my bank again and explained how long I'd been waiting and they've sent me an email with a list of questions (receipts, proof of booking and cancellation, proof I've spoken to them and requested a refund etc....) so that's all been sent back, hoping to hear back soon and I will update 

CKhalvashi

bilko89 said:

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 was the lead name on the holiday and made every payment using my debit card thankfully. I collected the money from everyone then paid it myself. So every payment (17 in total) came from me.

I've spoken to my bank again and explained how long I'd been waiting and they've sent me an email with a list of questions (receipts, proof of booking and cancellation, proof I've spoken to them and requested a refund etc....) so that's all been sent back, hoping to hear back soon and I will update 

Perfect. Hopefully you've mentioned the PTD as well? This will make your case stronger. I've done my own research in both Chargeback cases this year on the law behind my reasoning and ensured I've sent it in as an attachment to the e-mail. This has helped, definitely in the first instance, and likely in the second, as the decision maker has the law in front of them in this case.

If they come back with a partial offer, the argument needing to be put forward is that your contract is with Barrhead, your travelling companions' (verbal likely, granted) contract is with you. This wouldn't work under S75 (which isn't relevant as you used a debit card, but just want to leave it for anyone who stumbles across the thread in a similar situation), but should hold water under Chargeback.

bilko89

Hi everyone. I managed to get my chargeback so thanks to everyone in here for your advice. Apart from £110 (which was paid by a Halifax Card who say I'm past the 180 days for a chargeback). As I was chasing this with Barrhead, they said they were going to dispute the chargebacks and then issue me with a refund. Really not sure why they want to go down this road! 
I received the email yesterday from my bank with Barrhead's official dispute but the wording really filled me with dread:-

"The merchant has disputed this on the grounds that they have acted as the third party to your booking and fulfilled their obligation to the transaction The merchant has mentioned that by entering into the Terms & Conditions at the point of sale, you have agreed not to hold the merchant liable for cancellation made thereafter, therefore, no refund is eligible."

This really doesn't fill me with confidence. I have until the 27th November to respond and feel I'm stuck between a rock and a hard place!

Any help is much appreciated!

macman

The time limit for chargeback is 120 days. Barrhead have every right to dispute the claim, it's part of the process.

bilko89

macman said:

The time limit for chargeback is 120 days. Barrhead have every right to dispute the claim, it's part of the process.

Hi, yes I understand that, and this is fine. It's the wording I'm worried about, saying a refund isn't eligible! If they cancel the Chargeback and refund me normally within the timeframe I'm fine with that, but it seems they are actually the disputing the fact a refund is due.

bradders1983

Of course you have the final nuclear option of the small claims court if push comes to shove.

bilko89

bradders1983 said:

Of course you have the final nuclear option of the small claims court if push comes to shove.

Hi, thanks for your reply. The thing is, when Starling bank asked me to provide proof I was due a refund, I provided emails and chats where they have confirmed they were sending out refunds! I'll speak to them but the wording of it seems very strange and the first time I've had any inclination they were rejecting a refund.

bilko89

Hi everyone, received their evidence on why they aren't accepting the chargebacks. They say, and I quote - 
We are not the supplier of the services in question - we act as a retail agent on behalf of the supplier (TUI). Therefore, we are not responsible for the provision (or non-provision) of these services - it is the supplier's responsibility and the supplier's breach of contract.

S.27 of the consumer credit act 1975 makes it clear that for a transaction to fall into this scope, it needs to involve the customer, the credit card company and the supplier of the services - and we are not the supplier. In any event, a chargeback should not be imposed against a merchant who is not the supplier of the services purchased.

For this particular booking, the supplier in question is Thomson (TUI) Holidays. The Customer's contract is with Thomson (TUI), and they are responsible to the customer for any breach of this contract - Including non-provision of the holiday/travel arrangements purchased by the customer. Barrhead Travel as an agent is not legally responsible to the customer for breach of this contract.

So, looks like they are trying to get out of it. All the while, I still don't have any idea of when I will receive an actual refund. I have already paid everyone in the party their money back as well so if they were successful and didn't send me a refund immediatedly, my bank would be sitting with a negative balance of over £4K.

I have until the 27/11 to send a reply to my bank but I don't even know where to start!

Any help would be much appreciated. Thanks.

CKhalvashi

bilko89 said:

Hi everyone, received their evidence on why they aren't accepting the chargebacks. They say, and I quote - 
We are not the supplier of the services in question - we act as a retail agent on behalf of the supplier (TUI). Therefore, we are not responsible for the provision (or non-provision) of these services - it is the supplier's responsibility and the supplier's breach of contract.

S.27 of the consumer credit act 1975 makes it clear that for a transaction to fall into this scope, it needs to involve the customer, the credit card company and the supplier of the services - and we are not the supplier. In any event, a chargeback should not be imposed against a merchant who is not the supplier of the services purchased.

For this particular booking, the supplier in question is Thomson (TUI) Holidays. The Customer's contract is with Thomson (TUI), and they are responsible to the customer for any breach of this contract - Including non-provision of the holiday/travel arrangements purchased by the customer. Barrhead Travel as an agent is not legally responsible to the customer for breach of this contract.

So, looks like they are trying to get out of it. All the while, I still don't have any idea of when I will receive an actual refund. I have already paid everyone in the party their money back as well so if they were successful and didn't send me a refund immediatedly, my bank would be sitting with a negative balance of over £4K.

I have until the 27/11 to send a reply to my bank but I don't even know where to start!

Any help would be much appreciated. Thanks.

I'd start with the fact that agreeing not to hold them responsible is an unreasonable contract term.

Your contract is with them, you paid them, they paid TUI. You are therefore not TUI's customer, you are Barrhead's. That contract term is a clear way for them to try to skirt their rights.

Their supplier hasn't refunded them? Tough luck. You are legally owed a refund within 14 days, which you have not had.

The Chargeback needs to be within 120 days of the date of the trip, not the date of the transaction. I had no problems with an August cancellation (booked in Feb), which had been cancelled outside of the 120 days.

AndrewGS2012

My wife and I are scheduled to travel with Ryanair from Stansted to Lanzarote (out 14/11return 21/11) due to government imposed lockdown restrictions we are no longer able to travel. The flights were booked 17/05 at a total cost of £316.
Having contacted Ryanair via e-mail and calling customer services I am frustrated and disappointed there is no refund or replacement voucher offer. I am unable to amend the flight dates without incurring change fees of £220.
Taking into account circumstances beyond my control dictate we are unable to travel I would have hoped for and expected a more reasonable response from Ryanair.
I am sure I am not alone in raising this, any assistance or ideas would be greatly appreciated.