Credit card refund

Squoozy

In September 2023 I booked flights for June 2024 on a Canadian airline using my credit card. In February I had an email saying the airline had ceased operating with immediate effect. I called the bank, who said that since the transaction was made more than 90 days earlier I could not claim a refund. I looked into it, and discovered that the rule did not apply since the flights were booked for June, so the 90 days did not start until June. I called the bank again and was told they had made a mistake and I could claim. I was then sent an email confirming that I had raised a dispute and would hear back within 60 days. The email did not state whether my dispute was being considered under the chargeback scheme or section 75, and I’m actually quite confused about it. However, more than 60 days passed and I didn’t hear anything so I called the bank again. The person I spoke to said that my claim would not be upheld since I should claim from the airline. He did not seem to have any further information and was quite abrupt. 

I had previously sent the bank all the details of the booking, the email I received from the airline stating that it had ceased operating, details of the company handling the receivership, and confirmation from the airline that I would not be reimbursed and should claim elsewhere. 

I am at a loss to understand why my claim is not being upheld. The amount is over £300. I could claim on my travel insurance but there is an excess of £100 and frankly I don’t see why I should since I think the bank should reimburse me. 

Does anyone have any advice? At the moment I seem to be wading through treacle. 

WillPS

Submit a formal complaint. HSBC have a legal responsibility to sort this out for you.

I'm very surprised they're stumbling about over what should be a basic open/shut case.

born_again

There is only one reason I can see for this being rejected.
When did you pay for the tickets?

lr1277

I booked a hotel stay using a travel agent paying with the old John Lewis card. The agent went bust before paying the hotel so my booking was cancelled.
i discussed with JL who tried to push me down the chargeback route but I didn’t think that applied because of the 120 rule, not understanding the 120 day rule applies from the start of the hotel stay.
Anyway JL agreed to consider a S75 claim, which they paid after about 6 weeks of me sending them the letter.
i suggest sending in a letter making a S75 claim (as there is no time limit (AFAIK). State the date purchased, the amount paid, the reason for the claim (non-delivery of the service) and the methods you have tried to contact the airline. Add any evidence of the airline folding like letters or printouts of emails.
Whether you pursue the complaint is up to you, but HSBC have behaved less than admirably in my view.

Edited to add: I paid for the stay in Dec 2018 for a stay in Sep 2019. The agent went bust in Jul 2019. I put the letter in mid July and was refunded by end of Aug.
2nd edit: Refund may depend on whether you paid in £ or C$. If you paid in a foreign currency you may lose out due to currency movements.

Squoozy

born_again I paid for the tickets when I booked, but the rules about this are very clear. The 90 days do not start until the date of the event, in this case not until June. As others have said there is no reason for them to refuse the refund. 

Many thanks for the replies, I think I will raise a complaint. 

eskbanker

Squoozy said:

The email did not state whether my dispute was being considered under the chargeback scheme or section 75

Perhaps worth clarifying that even if a chargeback fails (and there's no valid reason for it to, from what you've shared), you still have the separate option of a section 75 claim, unless you booked the tickets through an agent.

born_again

Squoozy said:

born_again I paid for the tickets when I booked, but the rules about this are very clear. The 90 days do not start until the date of the event, in this case not until June. As others have said there is no reason for them to refuse the refund. 

Many thanks for the replies, I think I will raise a complaint. 

Which is why I asked when you paid. Which you have not answered. So to expand for you.

It is actually 120 days from the date of event. But there is a maximum time of 540 days from the date of payment. After that even if within the 120 there is no chargeback right, as that is the max that Visa/Mastercard will allow 👍There rules, not the banks. So a complaint on that will not get anywhere, even if it goes to FOS.

eskbanker

born_again said:

Squoozy said:

born_again I paid for the tickets when I booked, but the rules about this are very clear. The 90 days do not start until the date of the event, in this case not until June. As others have said there is no reason for them to refuse the refund. 

Many thanks for the replies, I think I will raise a complaint. 

Which is why I asked when you paid. Which you have not answered.

Except in the very first line of the thread....

Squoozy

Thank you eskbanker, as you have said I did explain in the first line of the thread that I paid in September 2023. To be clear I paid 168 days before I claimed. To date I paid 238 days ago. That’s well within the rules.