section 75 or chargeback

500kabh

I paid in April over £500 deposit by credit card for a holiday in Scotland at the end of August. I had a change in family circumstances and tried to contact them a few days later. No response. Since then I tried several times to contact them by email (with a read receipt request - not answered) and they are not answering their phone. In the last email I asked them to confirm they were still trading. Again no response. I contacted my credit card supplier (Tesco) and asked them to initiate a chargeback. Their team responded weeks later with a request for further information:-
"

In order for us to fully investigate this, we require the following:

 

* Evidence from the from liquidators stating that the merchant has ceased trading, instructing you to raise a claim via your Tesco Bank credit card.

Is this a normal response? I have no way of knowing whether the company are still trading or in liquidation and even if they were how would the liquidators contact me?

I have replied to the Tesco team explaining all the above but have had no response. It assume because I have not supplied the requested info they consider it case closed??

Any ideas about how to handle this much appreciated.

 

Aylesbury_Duck

Tesco requiring more evidence is normal.  At the moment, they've had a request for a chargeback based only on the fact you can't get in touch with the retailer, and the holiday is still a month away.  

What does your contract say about when the balance is due to the holiday company?

pbartlett

If the holiday company are a limited company you could look them up at companies house

sheramber

Did you book through and agency or direct with the accommodation owner?

What do your booking terms state abiut cancellation/refunds?

If you tell us who you are booked with someone may be able to help you further.

bris

You may not have a right to a refund as so far from what you say you are the one cancelling not them. 

What does your contract state about cancellation? You can't just get your money back because you can't make it, I assume the holiday is still available to you.

Do you have holiday insurance? They would be your first call.

Ectophile

https://www.gov.uk/get-information-about-a-company

The status of a company is available free on the Companies House web site.

born_again

500kabh said:

I paid in April over £500 deposit by credit card for a holiday in Scotland at the end of August. I had a change in family circumstances and tried to contact them a few days later. No response. Since then I tried several times to contact them by email (with a read receipt request - not answered) and they are not answering their phone. In the last email I asked them to confirm they were still trading. Again no response. I contacted my credit card supplier (Tesco) and asked them to initiate a chargeback. Their team responded weeks later with a request for further information:-
"

In order for us to fully investigate this, we require the following:

 

* Evidence from the from liquidators stating that the merchant has ceased trading, instructing you to raise a claim via your Tesco Bank credit card.

Is this a normal response? I have no way of knowing whether the company are still trading or in liquidation and even if they were how would the liquidators contact me?

I have replied to the Tesco team explaining all the above but have had no response. It assume because I have not supplied the requested info they consider it case closed??

Any ideas about how to handle this much appreciated.

 

Well unless you can prove they are no longer trading. You can not do a chargeback pre holiday date.

Even after the date of your holiday, you are on thin grounds as it is you that want to cancel or change holiday (you have not said which). Neither of which are covered by chargeback or S75.

Who is the booking too. Direct to holiday location or a 3rd party booking agent?

Tried social media to see what is going on? As most places have a presence as it is good free advertising.

500kabh

Aylesbury_Duck said:

Tesco requiring more evidence is normal.  At the moment, they've had a request for a chargeback based only on the fact you can't get in touch with the retailer, and the holiday is still a month away.  

What does your contract say about when the balance is due to the holiday company?

I cannot get a response from them to do anything - cancel amend or confirm

You may not have a right to a refund as so far from what you say you are the one cancelling not them. 

What does your contract state about cancellation? You can't just get your money back because you can't make it, I assume the holiday is still available to you.

Do you have holiday insurance? They would be your first call.

pbartlett

Unfortunately, you are unlikely to get a chargeback at this stage as it would be on the grounds of being unable to get a reply.

It is likely that you will have to turn up for the holiday, and only if unavailable would you be likely to get one (unless the T&C allow you to cancel of course)

Again - are they a limited company?

Jenni_D

500kabh said:

Aylesbury_Duck said:

Tesco requiring more evidence is normal.  At the moment, they've had a request for a chargeback based only on the fact you can't get in touch with the retailer, and the holiday is still a month away.  

What does your contract say about when the balance is due to the holiday company?

I cannot get a response from them to do anything - cancel amend or confirm

You've missed the important part of the question ... bit in bold. (You do have a copy of the contract/T&Cs, yes?)

Click on >>Show Previous quotes if you can't see the bit I've highlighted.

Pollycat

When you initiated your chargeback did you tell Tesco that the company had ceased trading?

Have you checked the company status using the link provided by Ectophile?