Section 75

horrible65

Does anyone know if you can make a section 75 claim after a chargeback claim has been refused on the same claim. I have been rejected for a chargeback claim for a cancelled hotel booking by Virgin as I had previously submitted a claim for the same booking but then discontinued it after eventually being offered a credit note by the hotel. The hotel has now closed and is unable to honour the credit note. I originally booked through the booking agency Agoda. Can I know make a section 75 claim and should it be against the agency or the hotel?.

eskbanker

In principle you can make a s75 claim after a failed chargeback one, but if you've booked a hotel via an intermediary then that'll break the debtor-creditor-supplier chain needed to sustain a s75 claim, so expect it to be rejected if you try.

Sandtree

You make the S75 claim against your credit provider in place of making a claim against the vendor/supplier.

With these types of claims the first check will be that who you are accusing of breaking the agreement is actually the company you paid. If not, like you paid an agency, it is likely such a claim will fail as it doesnt meet the required relationships as dictated by the CCA

born_again

Rule of thumb.
If chargeback is rejected on a CC, then it will be looked at to see if any S75 claim is possible. From what you post >> I originally booked through the booking agency Agoda. << Then odds on as @eskbanker said debtor-creditor-supplier chain is going to rule it out.
You can only ask.