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Possibly Scammed £2.5k

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Comments

  • born_again
    born_again Posts: 20,303 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Hope he is going to refund you the money.. 
    As CC could reject a fraud claim, given it was a family member.

    One thing on the Visa/Mastercard systems you can see where flights are to & from & also passengers name.
    Life in the slow lane
  • WillPS
    WillPS Posts: 5,120 Forumite
    Part of the Furniture 1,000 Posts Newshound! Name Dropper
    Hope he is going to refund you the money.. 
    As CC could reject a fraud claim, given it was a family member.

    One thing on the Visa/Mastercard systems you can see where flights are to & from & also passengers name.

    It's not a fraud claim and ownership of the merchant is not relevant for Section 75 - if the consumer uses a card in their own name for a purchase for themselves AND the contract they enter in to is not fulfilled AND the merchant refuses/cannot refund, the card issuer is jointly liable.
  • born_again
    born_again Posts: 20,303 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    WillPS said:
    Hope he is going to refund you the money.. 
    As CC could reject a fraud claim, given it was a family member.

    One thing on the Visa/Mastercard systems you can see where flights are to & from & also passengers name.

    It's not a fraud claim and ownership of the merchant is not relevant for Section 75 - if the consumer uses a card in their own name for a purchase for themselves AND the contract they enter in to is not fulfilled AND the merchant refuses/cannot refund, the card issuer is jointly liable.
    This has nothing to do with S75. 
    OP is saying this is not their spending, other than they gave their card details to a known family member. As such their is no breech of contract.
    Family member has used card details to their own end. So would be a civil matter, unless retailer does not dispute the chargeback & cancels the flights.
    Other option is fraud, if retailer contests as flights have been taken, but given OP willingly gave details to family member, again turns to civil matter, which card co will not get involved in.
    Life in the slow lane
  • HillStreetBlues
    HillStreetBlues Posts: 6,034 Forumite
    1,000 Posts Third Anniversary Homepage Hero Photogenic
    edited 17 July 2023 at 3:00PM
    This has nothing to do with S75. 
    OP is saying this is not their spending, other than they gave their card details to a known family member. As such their is no breech of contract.
    Family member has used card details to their own end. So would be a civil matter, unless retailer does not dispute the chargeback & cancels the flights.
    Other option is fraud, if retailer contests as flights have been taken, but given OP willingly gave details to family member, again turns to civil matter, which card co will not get involved in.
    I feel it will boil down to how the credit card details were given.

    As the cousin does books tickets, if the cousin  said it will be £2.5k for the tickets  and then OP gave them the credit card details  then it's a S75  as hasn't got what was paid for as tickets have been bought.
    If OP gave them them the details and said "find me a flight"  then I feel S75 wouldn't apply.
    Let's Be Careful Out There
  • Rhubarb_Shed
    Rhubarb_Shed Posts: 30 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    edited 17 July 2023 at 7:14PM
    If the cousin's travel agency is a merchant in its own right and the card has been processed through its own account then I see no problem with a s.75 claim as the merchant has failed to provide the items as ordered.

    However, in this case it appears that the cousin has simply taken the card details provided and used them to make two separate purchases (for themselves) through two airlines, WestJet and Emirates.  I'm with born_again on this one.
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