Newday MasterCard chargeback

suzannad22

Not sure if anyone will have the answer.... I submitted a chargeback through my credit card company, the money was credited to my account within days, 45 days passed (MasterCard) and I spoke with my cc company on day 46 to double check all was well and the money was mine for the keeping, I was told it most certainly was and that the holiday company couldn’t raise a claim now as the 45 days had passed. I’ve just checked my cc account this evening and they’ve done a reversal of the charge back after 57 days? Does anybody know where I stand on this as with MasterCard they only have 45 days to dispute it?
I would be most grateful for any input on this?
Thank you 

adamp87

Complain to the bank? Looking at it Amex is 20 days, Visa I think is 45, but it can depend. 

born_again

suzannad22 said:

Not sure if anyone will have the answer.... I submitted a chargeback through my credit card company, the money was credited to my account within days, 45 days passed (MasterCard) and I spoke with my cc company on day 46 to double check all was well and the money was mine for the keeping, I was told it most certainly was and that the holiday company couldn’t raise a claim now as the 45 days had passed. I’ve just checked my cc account this evening and they’ve done a reversal of the charge back after 57 days? Does anybody know where I stand on this as with MasterCard they only have 45 days to dispute it?
I would be most grateful for any input on this?
Thank you 

Which team was the person from that told you on day 46 it was Ok to keep the money?
As the only people that would be able to see if there were any rejections would be someone from the disputes team. As these are on a specialist system, that not everyone has access to.
Odds on it will have been rejected within the 45 days (or Mastercard would not have allowed it) It is just a case that due to the number of cases this year it is simply not possible to keep up with the checking.
Hence why we always quote 75 days, rather than the true 45 so that there is time to check the systems.

Go back and ask (speak to the people in disputes), not just the front line. Who think that by saying what they did in the 1st place is helping the customer when it is not. Why it has now been redebited after 57 days. I bet that they say that retailer did it in time, just not picked it up. 

What was the basis for the chargeback?
Was it for the whole holiday, or just part?
Who cancelled?

suzannad22

Thank you, I’ve just seen your reply! I called the disputes team today and in a nutshell they said exactly what you have said that the merchant did contest it in the timeframe they should’ve but due to a huge backlog of work they’ve only just got round to adjusting my cc balance. 

I guess I was just a little miffed as I assumed I’d had a successful chargeback and now I’m back to the drawing board again!
The chargeback was for the flight element of my so called package holiday which was booked through Loveholidays 🙄 The holiday was cancelled by themselves due to FCO advice at the time, they happily refunded the land element but they are refusing point blank to refund the flights until Ryanair pay up which I know won’t happen as our flights went ahead. 

Streaky_Bacon

If the OP ever returns, they may wish to consider contacting their bank again, getting the details of the response from merchant, and then starting an appeal, if appropriate.

The chargeback, if managed properly, will not have been reversed, just because the merchant disputed it, but because they provided detailed reasoning and evidence for doing so.

They may also wish to begin an s75 claim with their bank, if appropriate.

jsmith9

If your holiday was truely a 'package' holiday (within the legal definition) then you should not have had to go the chargeback route anyway - your holiday is ATOL protected for the full amount and you should get a refund that way.

If, however, Loveholidays were effectively acting as your agent ie you asked them to put together a holiday for you then you are on your own - if the flights with Ryanair went ahead then it is not their fault that you were not on them hence to chargeback reversal.

eskbanker

jsmith9 said:

If your holiday was truely a 'package' holiday (within the legal definition) then you should not have had to go the chargeback route anyway - your holiday is ATOL protected for the full amount and you should get a refund that way.

If, however, Loveholidays were effectively acting as your agent ie you asked them to put together a holiday for you then you are on your own - if the flights with Ryanair went ahead then it is not their fault that you were not on them hence to chargeback reversal.

No, that's not how it works - if Loveholidays put a holiday together (including flights and accommodation) then that generally makes them the package organiser under the Package Travel Regulations, and therefore liable to OP for a full refund if they (LH) cancel any part of it.

Edit: it is possible for them to sell linked travel arrangements that don't qualify as a package but in the vast majority of reported cases (including OP's) the arrangements are structured as a package within the meaning of the regulations.

born_again

Streaky_Bacon said:

If the OP ever returns, they may wish to consider contacting their bank again, getting the details of the response from merchant, and then starting an appeal, if appropriate.

The chargeback, if managed properly, will not have been reversed, just because the merchant disputed it, but because they provided detailed reasoning and evidence for doing so.

They may also wish to begin an s75 claim with their bank, if appropriate.

You can't appeal a chargeback. The only hope is to go back on a pre arbitration & have Mastercard make a decision, but that only has 21 days from rejection to happen.
Given the Op has said booked through loveholidays & the flights with Ryanair, the chance of S75 are slim as no Debtor, Creditor link. Going to depend on how the flights debited the OP's account. But given the chargeback was against Loveholiday, then it looks like they debited the whole amount, rather than Ryanair debiting for the flights.

I think Op needs to check with the competition watchdog as they might be able to help given their stance on holidays co's not refund within the timescales required.

Streaky_Bacon

born_again said:

You can't appeal a chargeback. The only hope is to go back on a pre arbitration & have Mastercard make a decision, but that only has 21 days from rejection to happen.
Given the Op has said booked through loveholidays & the flights with Ryanair, the chance of S75 are slim as no Debtor, Creditor link.

Yes, pre-arbitration is the correct terminology, but it is effectively an appeal and I used that language in an attempt to avoid confusing the OP.

I don't think, from the OP's posts, that the flights were booked direct with Ryanair.