Credit Card company refusing a section 75 claim

phillw

Bluey456 said:

Thanks for all your comments. Like a previous poster said "maybe not everyone is in a position to pay twice" for the same
holiday, especially if you are not 100% sure you will get your first full payment refunded? Which is the case at the moment 

It doesn't seem that you are physically unable to pay the new company for the holiday, you just aren't happy about it in case you get stiffed for the money and it's a lot of money to just write off unless you're some kind of millionaire.

I don't see how you can move forward though, the Section 75 claim should succeed unless there is something you haven't told us but it can take a while as they will obviously try to avoid it.

My guess is they want to keep you guessing about whether they will pay out, so you don't go and then they can deny your claim.

It's different if you literally cannot find money to pay for the holiday.

Bluey456

phillw .... thanks for your input.

All I can say is we were given 3 options by Arena from the outset which were to take the holiday,
postpone until a later date, both of which obviously need to be paid AGAIN but to Leger/Shearings, or cancel & claim full refund.
Whichever we chose, Arena advised us we needed to claim our money back from our credit card under section75. We had just under a 3 week window before the holiday was due. Who would want to pay twice for the same holiday not knowing if
you would get refunded?? We are pensioners & didn't want to take that risk. I don't really see what WE have done wrong to
be subjected to this grief we are getting & have ONLY done as instructed. Like I said we are NOT seasoned travellers
abroad & have not had to deal with this before. I think Arena haven't helped with their "wording" as credit card co seem to
to be telling us that they won't pay us back as the retailer is trying to "resolve" the issue? ..... which basically means claiming
money back to pay again. Arena specifically said we "won't" have to pay again but pay Shearings once refunded... which currently has been rejected! 

born_again

In reality they should not be telling you to claim under S75 if you have travel ins & also as they are ABTA covered. ABTA should be paying out 1st, as that is the whole point of them. But even they pass the buck onto CC's.
Add in possible chargeback rights anyway.

Bluey456

So my question is ....... who the hell should we be claiming off & can they all just pass the buck as they seem to be doing? Our travel insurance didn't seem to know but said go to the credit card provider? If they can all pass the buck then they surely will?
Unbelievable. 

born_again

Raise a complaint with travel ins provider. They should be covering this as that is exactly what travel ins is for.