We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

I have had a refund twice for my holiday that was cancelled from travel company and credit card

Options
piggybank2021
piggybank2021 Posts: 11 Forumite
First Anniversary First Post
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?
«1

Comments

  • brettcta
    brettcta Posts: 4,693 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    Options
    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.
    helpful tips
    it's spelt d-e-f-i-n-i-t-e-l-y
    there - 'in or at that place'
    their - 'owned by them'
    they're - 'they are'
    it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)
  • couriervanman
    couriervanman Posts: 1,667 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    I think you know the answer
  • piggybank2021
    Options
    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
    phillw Posts: 5,599 Forumite
    First Anniversary Name Dropper First Post
    edited 21 March 2021 at 1:25AM
    Options
    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
    Options
    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
    MalMonroe Posts: 5,783 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Options
    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. 
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • piggybank2021
    Options
    MalMonroe 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
    pogofish Posts: 10,853 Forumite
    Name Dropper First Post First Anniversary
    Options
    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
    Options

    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
    2021BJ Posts: 307 Forumite
    First Post Name Dropper
    edited 21 March 2021 at 10:31AM
    Options
    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.

Meet your Ambassadors

Categories

  • All Categories
  • 344.6K Banking & Borrowing
  • 250.6K Reduce Debt & Boost Income
  • 450.4K Spending & Discounts
  • 236.8K Work, Benefits & Business
  • 610.6K Mortgages, Homes & Bills
  • 173.8K Life & Family
  • 249.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards