I have had a refund twice for my holiday that was cancelled from travel company and credit card 21 March 2021 at 12:21AM edited 21 March 2021 at 12:28AM in Reclaim bank & credit card charges 15 replies 302 views

piggybank2021

Please read all of this because I find myself in a very unique situation. 

In 2019 I booked a 2020 holiday my flights where cancelled due to Covid19. I went to the travel provider to try to obtain my money back and they refused to give me a refund and only offered a voucher for 1 of 2 hotels I had booked.  (I did get a refund for the airline tickets)

As a result in 2020 I raised a charge back with my credit card company who where going to try to get my money back for both of the hotels. My  credit card company messed me around and failed to put in a charge back request within the given time frame.

Fast forward to 2021 the credit card company recognised they failed to do this and signed off on issuing a refund to me themselves. (So they did not claim it back from the travel company) they refunded me as a gesture for their mistake. 

I was happy with that and thought case closed. Until an email landed in my inbox from the travel company saying they are refunding me for 1 of the 2 hotels I booked. and remember those airline tickets (I have already been refunded for)? They have given me a voucher for that too....

What is my legal position here? Do I get to keep the money being refunded? Do I get to use the airline vouchers?

brettcta

You don’t have the legal right to keep funds that don’t belong to you because of an error or oversight. 

You’re on shaky legal grounds if you tried to keep the refund and used the vouchers. I personally wouldn’t risk it, but then I’m risk averse.

couriervanman

I think you know the answer

piggybank2021

brettcta said:

You don’t have the legal right to keep funds that don’t belong to you because of an error or oversight. 

You’re on shaky legal grounds if you tried to keep the refund and used the vouchers. I personally wouldn’t risk it, but then I’m risk averse.

Does it not depend on the circumstances in which I have been given the money? The problem is I don't know the "terms" the money has been given to be under because of an admin oversight the credit card company gave me the money as a gesture of good will because they failed to raise my claim

phillw

jamesgreen0795 said:
Does it not depend on the circumstances in which I have been given the money? The problem is I don't know the "terms" the money has been given to be under because of an admin oversight the credit card company gave me the money as a gesture of good will because they failed to raise my claim

You seem to already know the answer you want to hear.
But credit card companies are equally liable for refunding, so if they refund and the original company refunds you then you should inform the credit card company.

piggybank2021

phillw said:

jamesgreen0795 said:
Does it not depend on the circumstances in which I have been given the money? The problem is I don't know the "terms" the money has been given to be under because of an admin oversight the credit card company gave me the money as a gesture of good will because they failed to raise my claim

You seem to already know the answer you want to hear.
But credit card companies are equally liable for refunding, so if they refund and the original company refunds you then you should inform the credit card company.

Before I go to the card company. I recognise it’s in the interest of the credit card company to keep the money thus I just wanted to get an idea of what those terms where. Because I never singed or agreed to anything when they refunded me. 

MalMonroe

jamesgreen0795 said:

brettcta said:

You don’t have the legal right to keep funds that don’t belong to you because of an error or oversight. 

You’re on shaky legal grounds if you tried to keep the refund and used the vouchers. I personally wouldn’t risk it, but then I’m risk averse.

Does it not depend on the circumstances in which I have been given the money? The problem is I don't know the "terms" the money has been given to be under because of an admin oversight the credit card company gave me the money as a gesture of good will because they failed to raise my claim

2 refunds for 1 thing = 1 refund too many. 

You said you were happy and thought case closed. Until that email dropped in your inbox. 

Has the phrase 'gesture of goodwill' been mentioned anywhere? Because if it hasn't, then there probably hasn't been one.

You could always contact the travel company to let them know you've already received a refund and ask what they want you to do. 

piggybank2021

MalMonroe said:

jamesgreen0795 said:

brettcta said:

You don’t have the legal right to keep funds that don’t belong to you because of an error or oversight. 

You’re on shaky legal grounds if you tried to keep the refund and used the vouchers. I personally wouldn’t risk it, but then I’m risk averse.

Does it not depend on the circumstances in which I have been given the money? The problem is I don't know the "terms" the money has been given to be under because of an admin oversight the credit card company gave me the money as a gesture of good will because they failed to raise my claim

2 refunds for 1 thing = 1 refund too many. 

You said you were happy and thought case closed. Until that email dropped in your inbox. 

Has the phrase 'gesture of goodwill' been mentioned anywhere? Because if it hasn't, then there probably hasn't been one.

You could always contact the travel company to let them know you've already received a refund and ask what they want you to do. 

The credit card company told me over the phone is a gesture of good will become they messed up my charge back. ( So no charge back actually happened) it was just the credit card decision to refund me. 

I haven’t actually got anything in writing from the credit card company which is really annoying. 

pogofish

You agreed to the board policy on seeking legal advice as part of your signup., possibly just before the information on correct forum choice that you confirmed having read and understood - so what’s so special about this that you need to ignore them?

piggybank2021

You agreed to the board policy on seeking legal advice as part of your signup., possibly just before the information on correct forum choice that you confirmed having read and understood - so what’s so special about this that you need to ignore them?

Please can you point out the Specific terms that cover this edge case?

2021BJ

There's nothing difficult about this. The only transactions you're going to make where you put in "x" and get "2x back" are gambling and if you're really shrewd, investments.

Since this is neither, you don't get twice what you put in.