i'm ready to refer my Section 75 claim to the FOS. what do i do ?

DullGreyGuy

pushpull said:

DullGreyGuy said:

pushpull said:

The FOS won't get involved in the merits of your S75 claim (they're not experts in consumer/contract law) so will only look at if the CC company treated you fairly in dealing with your claim.

Generally that will be allowing you to make an S75 claim and then taking on board your points.  I suspect they have done this and you have ultimately failed to prove your claim, and thus will likely fail with  the FOS too.

The FOS absolutely will consider the merits of the S75 claim:

https://www.financial-ombudsman.org.uk/decision/DRN-4364639.pdf

As a simple case where NW said there was insufficient evidence that the flight had been cancelled by the airline and it is a binary so not a matter for "on the balance of probability" which the ombudsman felt it was and so ruled against NW and awarded the original S75 claim amount plus statutory interest

You've missed the point.

The FOS didn't debate the merits of the claim.  Just the validity of the claim by the bank that there was insufficient evidence the flight was cancelled.

Had the claim been about the legality of not refunding for a cancelled flight, for example, the FOS wouldn't have touched it with a barge pole.

They do

There is a great case of a purchased car where the cardholder is named as the delivery address but the cardholder's kid is named as the contracting party but its hand annotated with double ended arrows. The bank rejected on the basis the debtor wasn't the contracting party but the FOS said they believed the annotation was to mean the two were to be reversed and this was backed up by other factors. Bank lost.

The FOS also point out that they aren't held to the legislation in the same way as a court would be, nor is their job to predict what a court would decide, but their obligation is to come to a fair outcome factoring in legislation. Hence you will also find cases where a 4th party has been involved which the FOS admitted would most likely invalidate a court case but they determined it wasn't fair given the merchant had borrowed a neighbours card machine when theirs broke and so the customer was obvious to the fact they weren't paying the merchant. 

born_again

TBH. We can debate this till the cows come home. But until OP posts answers to the questions asked. We are all guessing.

Who is the airline? Who did the OP pay? How much was each ticket? How many people? What is Op breech claim?

End of the day all we know is the OP thinks airline has breeched contract, but has no contract to prove this. So no CC is just going to take their word & refund.
FOS would take the same view, as without proof of breech, there is no case.

DullGreyGuy

born_again said:

End of the day all we know is the OP thinks airline has breeched contract, but has no contract to prove this. So no CC is just going to take their word & refund.
FOS would take the same view, as without proof of breech, there is no case.

Other than in the linked case the FOS decided there was a breech of contract, on the balance of probability, which the card issuer continued to dispute and disagreed that the FOS took a balance of probability basis. 

Not being able to provide T&Cs doesn't mean a contract doesn't exist, just its hard to prove what the terms are... doubt anyone would argue the OP gave the money to the company as a gift rather than as part of a contract. 

eastmidsaver

hi guys,  apologies for delay,   i haven't logged on for a while.
the reason i am applying for section 75 is because i don't think the airline paid the correct cancellation fee when i cancelled the flight.  i accept there was a fee to pay,  but not as much as they took.
to answer a post above,  yes the payment was directly to the airline.
i also don't feel the credit card company investigated this properly, which is evident from their very vague and careless responses. the final decision from the credit card company didn't even give a reason to why they rejected it.
so as a poster stated above,  i have lodged an FOS application,   it was actually much easier process that i thought it would be, only 3 questions.
it hasn't cost me anything to do so,  so thought may as well just do it and see what happens.   
thanks for all your assistance, and have a good rest of your Xmas.

visidigi

Why do I think the airline refunded the taxes, which is the only part they are obligated to when refunding a non-refundable ticket? (which is a small amount of a total ticket price).

I really wish the OP would provide detailed information, because its not helping anyone (and just because you can claim and its cost you nothing doesn't mean you should).

born_again

Hope OP has been through banks complaint process, or FOS will not do anything.