Chargeback on Holiday
in Coronavirus travel help & info
30 replies 715 views
I saw a similar post with similar title about TUI.
I made a claim with a different holiday company last year after they cancelled and after huge personal effort got full refund end June 2020. I told them I had started chargeback with my credit card (CC), which is why perhaps they paid me. We received the deposit back about the same time. I immediately told CC that I had been refunded in full and they said not to worry, they would re-debit the deposit in August if they needed to. So nothing happens until beginning of October 2021 when the holiday company give me 7 days notice to return the deposit to their bank account. Very heavy handed I thought, they didn't even prove I owed them anything and after swapping emails they threaten legal action within 7 days.
I'm not sure my debt is to them. Our contact finished when they cancelled the holiday and refunded me.
Surely my debt is to CC as I had a separate contract with them which allowed cashback. If I have a debt is it not to CC, as they could still technically take it back whenever they want to without asking.
The holiday company has not proved the debt to me in this exchange, has given me no 'proof' i have even been refunded twice, (just telling me they have been charged twice, and CC has so far refused to re-debit me) .
When I think of all the hoops we had to jump through for anything, all the terms & conditions we had to assemble to get anything back last year, I would have hoped to at least make them work for their money.
Any ideas anyone, aside from saying I must have enjoyed my 0.01% interest for 15 months?
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If it wasn't this triangle arrangement why doesn't the merchant simply arrange for my payment to be re-debited via the card company?? If I pay the merchant how do I know the card company won't do this later.
The merchant is in the worst space contractually... all merchant accounts enable the bank to clawback money from their account but the card rules mean they must have your explicit permission to redebit the payment... were they to do it without your permission it would be fraud unless you had signed up to a Continuous Payment Authority which you clearly wouldnt be doing with a one off service.
Your bank wont be putting the money back but if you are concerned they do then instruct them not to in which case you'd have strong grounds for a complaint if they subsequently did (this is assuming the 45 days since the chargeback has been raised has lapsed)
Be aware that the courts dont believe that two wrongs make a right and statutory interest that the courts would award the company if they had to issue to recover their money is a lot more than your 0.01%