Holiday Company gone into administration and have been bought out

blackqueen

DullGreyGuy said:

blackqueen said:

Resurrecting this one as Arena Travel have chased me again about payment for the holiday I've already had and already paid for but which they now want me to claim a refund for and repay to Leger Travel, who bought them out. 

Leger didn't buy the company, they bought the company's assets such as its branding etc. 

blackqueen said:

• A copy of your credit or debit card provider's final response to the Section 75. I don't have this. It was done verbally when I went into the bank. I can go back and ask them but if I need a letter I expect they will charge won't they? 
  

What card type did you pay by? A Section 75 would only apply if you paid by credit card and the response would be given to you in writing. You will have spoken to the staff about a chargeback not S75 (it applies to credit and debit cards) who may have advised you were time barred as the scheme has various time limits.


Its odd that the trip went ahead without you having made payment to Leger or at least a promise to pay to them

Thank you for clarifying.

I paid by credit card. When I spoke to my bank they said the original deposit would be a problem as it was paid in Feb 2020. That was the largest amount. The balance was paid Aug 2022. The bank were confused as the holiday I had paid for went ahead. Their first question was, "Has the holiday been cancelled?" and of course it hadn't. I paid for the holiday and had the holiday.

Leger said the trip could go ahead so long as we tried to get a refund and if we did then we pay it to them instead of Arena. But if we couldn't get a refund or it was refused, no-one would be forced to pay again. We signed pieces of paper to say we'd try to get a refund but the understanding (and we clarified this several times) was that if a refund wasn't forthcoming either through our bank or their insurance, then there would be no onus on us to pay again. 

Quite frankly, things would have been so much easier all round if the holiday had been cancelled as there would have been no issue with anyone getting refunds. Yes it would have been disappointing but 1000 people would not now be in this position of trying to sort out this mess and now being hassled by Leger. We have another holiday coming up with Arena (it's an annual event) and I'm now worried if I don't get this sorted they won't let me book again. They've not said but it weighs on my mind...

I will go back to my bank on Monday and have another chat. But any further advice would be welcomed. I know there is always sensible advice on here. 

Rosyfreesia

I had my Arena holiday about a week after the company when into administration.  The reassignment paperwork arrived after I returned home.  I have not completed it on the basis that I paid for and received the holiday and a Section 75 claim would be 'fraud' which is now, some months later, why they are talking about a two step process so individuals claim via Towergate Insurance and then reimburse Leger. 

Leger bought the branding but they must also have acquired existing bookings ( unclear why)  as why else would they pursue me to reassign the holiday.  It seems odd to acquire Arena liabilities ie existing bookings and then they say they only acquired the branding rights. It's left to Arena customers to sort out it out - agree it would have been easier had the holidays been cancelled. 

blackqueen

Rosyfreesia said:

I had my Arena holiday about a week after the company when into administration.  The reassignment paperwork arrived after I returned home.  I have not completed it on the basis that I paid for and received the holiday and a Section 75 claim would be 'fraud' which is now, some months later, why they are talking about a two step process so individuals claim via Towergate Insurance and then reimburse Leger. 

Leger bought the branding but they must also have acquired existing bookings ( unclear why)  as why else would they pursue me to reassign the holiday.  It seems odd to acquire Arena liabilities ie existing bookings and then they say they only acquired the branding rights. It's left to Arena customers to sort out it out - agree it would have been easier had the holidays been cancelled. 

This is exactly what has happened to me. I had the holiday so ignored all the paperwork as I had had the holiday I paid for. Who got the money is none of my business, as I paid Arena and had the holiday. Now I've had an email from Arena.

I went to my bank and spoke to them about it and they have said it is not a Section 75 as I had the holiday and to do otherwise would, quite frankly, be fraud in their eyes! They have told me to email Arena and tell them this. Arena are asking for proof from my bank that they will not pay out on a Section 75 before I can do the Towergate Insurance claim. But I had this information verbally from the bank. The bank told me to tell them if they want clarification to give them the bank phone number and tell them to call them, lol. I quite liked my bank's attitude as frankly the whole thing is a farce and I don't see why I should bother.

The problem is I will soon need to book another holiday via Arena (annual event) but not sure if they will let me if this is outstanding. Or if I should get my friend to do it to be safe. Very weird all round. 

Rosyfreesia

Honestly I wouldn't book another holiday with them - plenty of other holiday companies including some who specialise in walking holidays which I like.  Presume Leger must have got something out of all this which presumably is the Arena database.

DullGreyGuy

blackqueen said:

DullGreyGuy said:

blackqueen said:

Resurrecting this one as Arena Travel have chased me again about payment for the holiday I've already had and already paid for but which they now want me to claim a refund for and repay to Leger Travel, who bought them out. 

Leger didn't buy the company, they bought the company's assets such as its branding etc. 

blackqueen said:

• A copy of your credit or debit card provider's final response to the Section 75. I don't have this. It was done verbally when I went into the bank. I can go back and ask them but if I need a letter I expect they will charge won't they? 
  

What card type did you pay by? A Section 75 would only apply if you paid by credit card and the response would be given to you in writing. You will have spoken to the staff about a chargeback not S75 (it applies to credit and debit cards) who may have advised you were time barred as the scheme has various time limits.


Its odd that the trip went ahead without you having made payment to Leger or at least a promise to pay to them

Thank you for clarifying.

I paid by credit card. When I spoke to my bank they said the original deposit would be a problem as it was paid in Feb 2020. That was the largest amount. The balance was paid Aug 2022. The bank were confused as the holiday I had paid for went ahead. Their first question was, "Has the holiday been cancelled?" and of course it hadn't. I paid for the holiday and had the holiday.

Leger said the trip could go ahead so long as we tried to get a refund and if we did then we pay it to them instead of Arena. But if we couldn't get a refund or it was refused, no-one would be forced to pay again. We signed pieces of paper to say we'd try to get a refund but the understanding (and we clarified this several times) was that if a refund wasn't forthcoming either through our bank or their insurance, then there would be no onus on us to pay again. 

Quite frankly, things would have been so much easier all round if the holiday had been cancelled as there would have been no issue with anyone getting refunds. Yes it would have been disappointing but 1000 people would not now be in this position of trying to sort out this mess and now being hassled by Leger. We have another holiday coming up with Arena (it's an annual event) and I'm now worried if I don't get this sorted they won't let me book again. They've not said but it weighs on my mind...

I will go back to my bank on Monday and have another chat. But any further advice would be welcomed. I know there is always sensible advice on here. 

There is no legal time limit directly on a S75 claim and instead the time limit is just a mirror of the time limit you'd have had to claim against the vendor. For breach of contract this is 6 years in England and Wales (5 in Scotland) from the date of the breach. 

Their decision to gift you the holiday if you are unable to reclaim the costs makes things very very messy as there is a strong argument that you haven't sustained any losses and therefore there is nothing for the bank to pay. 

blackqueen

Rosyfreesia said:

Honestly I wouldn't book another holiday with them - plenty of other holiday companies including some who specialise in walking holidays which I like.  Presume Leger must have got something out of all this which presumably is the Arena database.

The event I go to every year is booked through Arena Travel, sadly.

blackqueen

DullGreyGuy said:

blackqueen said:

DullGreyGuy said:

blackqueen said:

Resurrecting this one as Arena Travel have chased me again about payment for the holiday I've already had and already paid for but which they now want me to claim a refund for and repay to Leger Travel, who bought them out. 

Leger didn't buy the company, they bought the company's assets such as its branding etc. 

blackqueen said:

• A copy of your credit or debit card provider's final response to the Section 75. I don't have this. It was done verbally when I went into the bank. I can go back and ask them but if I need a letter I expect they will charge won't they? 
  

What card type did you pay by? A Section 75 would only apply if you paid by credit card and the response would be given to you in writing. You will have spoken to the staff about a chargeback not S75 (it applies to credit and debit cards) who may have advised you were time barred as the scheme has various time limits.


Its odd that the trip went ahead without you having made payment to Leger or at least a promise to pay to them

Thank you for clarifying.

I paid by credit card. When I spoke to my bank they said the original deposit would be a problem as it was paid in Feb 2020. That was the largest amount. The balance was paid Aug 2022. The bank were confused as the holiday I had paid for went ahead. Their first question was, "Has the holiday been cancelled?" and of course it hadn't. I paid for the holiday and had the holiday.

Leger said the trip could go ahead so long as we tried to get a refund and if we did then we pay it to them instead of Arena. But if we couldn't get a refund or it was refused, no-one would be forced to pay again. We signed pieces of paper to say we'd try to get a refund but the understanding (and we clarified this several times) was that if a refund wasn't forthcoming either through our bank or their insurance, then there would be no onus on us to pay again. 

Quite frankly, things would have been so much easier all round if the holiday had been cancelled as there would have been no issue with anyone getting refunds. Yes it would have been disappointing but 1000 people would not now be in this position of trying to sort out this mess and now being hassled by Leger. We have another holiday coming up with Arena (it's an annual event) and I'm now worried if I don't get this sorted they won't let me book again. They've not said but it weighs on my mind...

I will go back to my bank on Monday and have another chat. But any further advice would be welcomed. I know there is always sensible advice on here. 

There is no legal time limit directly on a S75 claim and instead the time limit is just a mirror of the time limit you'd have had to claim against the vendor. For breach of contract this is 6 years in England and Wales (5 in Scotland) from the date of the breach. 

Their decision to gift you the holiday if you are unable to reclaim the costs makes things very very messy as there is a strong argument that you haven't sustained any losses and therefore there is nothing for the bank to pay. 

It's all v messy. This is what my bank is arguing. I paid for the holiday, I had the holiday. Where is the claim? And I agree with them. I guess I go back to Arena and say the same. 

Alan_Bowen

Arena or their new owners have clearly got themselves into a mess. They should have insisted on matters being resolved before the travel began, they have not been paid, and the money paid initially to Arena's original owners is now held, such as it is, by the administrators to pay the debts. 

They have effectively provided the holidays free and not considered that once they offered the holiday no customer could legitimately make a claim against the card used. This is a huge mistake on their part but I fear they will insist on being paid again whether they will succeed or not remains to be seen. It would have been sensible to get everyone to assign the claim they had against the failed company to the new owners before travel took place but they haven't, I doubt they want to issue county court proceedings against thousands of customers but that may be the outcome....

Rosyfreesia

I maintain that my contract for the holiday was with Arena travel - I paid for and had the holiday.  I do not feel the onus should be on any of us to have to go through this process of claiming a refund via a credit card or insurance particularly as I signed nothing with Leger.