Etihad Refund after nearly 2 years of original payment

samkma

CKhalvashi said:

If you paid with a UK-issued credit card (not Debit) then Section 75 may be appropriate IF you can prove with a degree of certainty (so the person looking at this is more sure than not in law) that you were not offered your legal rights.

You will need to speak to your card issuer to get the ball rolling on this.

If not, you will be left with the Small Claims Court, however will have to balance the change of losing the court fee (I'm not in the UK at the moment and don't have a laptop in front of me so will leave that for others) against your chance of winning.

This will depend on the evidence you have, however anything mitigating such as an email to them at the time should help you, where anything this late may not be considered in the same light. Judges have a huge range of discretion depending on your case and how it is presented.

With the small claims..... I tried and cannot proceed as Etihad does not have a UK address.

CKhalvashi

samkma said:

CKhalvashi said:

If you paid with a UK-issued credit card (not Debit) then Section 75 may be appropriate IF you can prove with a degree of certainty (so the person looking at this is more sure than not in law) that you were not offered your legal rights.

You will need to speak to your card issuer to get the ball rolling on this.

If not, you will be left with the Small Claims Court, however will have to balance the change of losing the court fee (I'm not in the UK at the moment and don't have a laptop in front of me so will leave that for others) against your chance of winning.

This will depend on the evidence you have, however anything mitigating such as an email to them at the time should help you, where anything this late may not be considered in the same light. Judges have a huge range of discretion depending on your case and how it is presented.

With the small claims..... I tried and cannot proceed as Etihad does not have a UK address.

200 Hammersmith Road or Heathrow T4 are their administrative addresses for this purpose.

A court claim is an administrative purpose. 

samkma

Taking them to small claims court, also made a complain to CAA.

Dear MR XXX

 

Case 274XXXX

This is to acknowledge receipt of your complaint submitted on  20 January 2022 together with supporting documentation. 

  

Yours sincerely,


Civil Aviation Authority

Consumer Affairs Officer

Shared Service Centre - Aviation Services
Passenger Advice and Complaints Team (PACT)
Civil Aviation Authority
Aviation House, Beehive Ring Road, Crawley, West Sussex RH6 0YR
www.caa.co.uk

samkma

samkma said:

Taking them to small claims court, also made a complain to CAA.

Dear MR XXX

 

Case 274XXXX

This is to acknowledge receipt of your complaint submitted on  20 January 2022 together with supporting documentation. 

  

Yours sincerely,


Civil Aviation Authority

Consumer Affairs Officer

Shared Service Centre - Aviation Services
Passenger Advice and Complaints Team (PACT)
Civil Aviation Authority
Aviation House, Beehive Ring Road, Crawley, West Sussex RH6 0YR
www.caa.co.uk

Got a response from CAA, they have looked into it and believe that there is a valid case to go ahead...

Case 274xxxxxx

 

Thank you for your complaint received on 20 January 2022 .  

  

We are currently contacting Etihad Airways about your case and we will be in contact with you when we have received a response from them.

xxxxx

 

samkma

CKhalvashi said:

samkma said:

Update from Etihad

Case Has Been Created CRM:0135097xxxx

Etihad Airways reference: 211209741xxx

Date: 12/9/2021 4:01 PM

You will be contacted once the investigation is over.

Barclays card has not come back to me yet. Will keep posted and hope this helps others in similar situation.

Hopefully you'll get a positive outcome very soon!

If you need help with anything, please don't hesitate to come back and as always, updates are appreciated.

Barclays has replied by stating that (on 24th Jan 2022) 

We'll now suspend this transaction so that it's not included in your Barclaycard billing calculations and refund any associated interest or fees, if we haven't already. This does depend on us having the supporting documents from you we need.

Next, we'll assess your claim and take any appropriate action, which may include contacting the retailer or company to recover your money.

Followed by this today (28/01/2022)

While we settle your dispute with the merchant we have credited your account with the payment allow 21 days for us to come back to you.....

CKhalvashi

As it's a credit card, ensure it's made clear to the bank that they will be held liable as it's easier to take them to court under S75.

Well done on getting this far with it and attempting a reconsideration of the circumstances.

samkma

CKhalvashi said:

As it's a credit card, ensure it's made clear to the bank that they will be held liable as it's easier to take them to court under S75.

Well done on getting this far with it and attempting a reconsideration of the circumstances.

Received a letter from Barclaycard today (4/2/2022) that the case is now closed. So I presume Etihad has not contested the sec 75 claim, my travelbank still shows the balance in full.

CKhalvashi

samkma said:

CKhalvashi said:

As it's a credit card, ensure it's made clear to the bank that they will be held liable as it's easier to take them to court under S75.

Well done on getting this far with it and attempting a reconsideration of the circumstances.

Received a letter from Barclaycard today (4/2/2022) that the case is now closed. So I presume Etihad has not contested the sec 75 claim, my travelbank still shows the balance in full.

That's good.

S75 wouldn't necessarily involve Etihad (it's a contractual issue that's now between you and Barclaycard), but I'd be surprised if they didn't want their money back in full from them.

I'd just pop a message to show the money won't be remained from you in app, and other than that, enjoy the money you've rightfully reclaimed in relation to this, thanks for the update, it's always appreciated!

samkma

CKhalvashi said:

samkma said:

CKhalvashi said:

As it's a credit card, ensure it's made clear to the bank that they will be held liable as it's easier to take them to court under S75.

Well done on getting this far with it and attempting a reconsideration of the circumstances.

Received a letter from Barclaycard today (4/2/2022) that the case is now closed. So I presume Etihad has not contested the sec 75 claim, my travelbank still shows the balance in full.

That's good.

S75 wouldn't necessarily involve Etihad (it's a contractual issue that's now between you and Barclaycard), but I'd be surprised if they didn't want their money back in full from them.

I'd just pop a message to show the money won't be remained from you in app, and other than that, enjoy the money you've rightfully reclaimed in relation to this, thanks for the update, it's always appreciated!

Finally Etihad has removed the balance on my travel bank, but the email claims I bought a ticket!!

CKhalvashi

samkma said:

CKhalvashi said:

samkma said:

CKhalvashi said:

As it's a credit card, ensure it's made clear to the bank that they will be held liable as it's easier to take them to court under S75.

Well done on getting this far with it and attempting a reconsideration of the circumstances.

Received a letter from Barclaycard today (4/2/2022) that the case is now closed. So I presume Etihad has not contested the sec 75 claim, my travelbank still shows the balance in full.

That's good.

S75 wouldn't necessarily involve Etihad (it's a contractual issue that's now between you and Barclaycard), but I'd be surprised if they didn't want their money back in full from them.

I'd just pop a message to show the money won't be remained from you in app, and other than that, enjoy the money you've rightfully reclaimed in relation to this, thanks for the update, it's always appreciated!

Finally Etihad has removed the balance on my travel bank, but the email claims I bought a ticket!!

The ticket number will likely be the original one.

Either way, you have your money back and it's no longer your concern.