Requesting refund from Credit Card Company for holiday

fiddle290

We booked a house via Vrbo for a holiday in September, however, when we arrived the house was not as listed, dirty and lots of bugs inside.  We contacted owner who said they'd send cleaners in next day but the biggest issue was 100s (not an exaggeration) of bugs and house not as listed.  They wouldn't listen.  We then contact Vrbo immediately, providing pictures and videos of issue. A complaint was issued and we had to leave next day as couldn't stay with how it was.  Moving forward Vrbo will not do anything saying it;s the owners responsibility and the owner had lied saying they have refunded and won't provide proof.  Also, the feedback left if fraudulent, we didn't leave it.  
We approached our CC company who have looked into it and said they won't refund as there is no proof of communication despite us providing all.  
What can we do? 

the_lunatic_is_in_my_head

Hello OP

Was the house in the UK? If so much per night?

eskbanker

I suspect that you've reached the end of the line as far as recompense via your card company is concerned - there are two potential routes with them but section 75 is unlikely to apply where you've booked through an agent, and chargeback is probably timed out by now, although if you claimed within 120 days then it may not be.  Are the card company simply refusing to accept the claim being started, or have they taken it on and then later rejected it?

The other alternative would be to initiate court action, but you'd need to study the Ts & Cs of your agreement carefully in order to ascertain (a) exactly which party is in breach and (b) the legal jurisdiction under which the contract is governed.

Ectophile

A formal complaint against the bank's decision costs nothing.  As does an escatation to the financial ombudsman if their response is unreasonable.

fiddle290

In answer to question, the house was in America and around $400 a night.  
The CC company have come back today saying saying...  The CC is registered to my partner's company but we booked house via Vrbo.

Unfortunately, your purchase is not protected under Section 75 of the Consumer Credit Act 1974 for the following reasons: To qualify for protection, the amount of credit provided towards the purchase must not exceed £25,000, and it must be provided to an ‘individual’ (which includes sole traders, small partnerships, unincorporated businesses, and ordinary consumers). Since your company is a limited company, I'm afraid it does not fall under the protection of Section 75 of the Consumer Credit Act 1974. We understand that this is not the outcome you were hoping for.

eskbanker

That's a different, albeit apparently legitimate, reason for rejecting a s75 claim, but was chargeback mentioned as an option when you initially claimed (if within 120 days)?

born_again

fiddle290 said:

In answer to question, the house was in America and around $400 a night.  
The CC company have come back today saying saying...  The CC is registered to my partner's company but we booked house via Vrbo.

Unfortunately, your purchase is not protected under Section 75 of the Consumer Credit Act 1974 for the following reasons: To qualify for protection, the amount of credit provided towards the purchase must not exceed £25,000, and it must be provided to an ‘individual’ (which includes sole traders, small partnerships, unincorporated businesses, and ordinary consumers). Since your company is a limited company, I'm afraid it does not fall under the protection of Section 75 of the Consumer Credit Act 1974. We understand that this is not the outcome you were hoping for.

Interesting as to where the £25K comes from as it is £30K for S75

But the rejection is clear on the other grounds.

eskbanker

born_again said:

Interesting as to where the £25K comes from as it is £30K for S75

£30K happens to be £25K plus VAT, but I'm struggling to see how that would be relevant, even in the context of a corporate card!

I knew that the thresholds had changed over time but it's seemingly been £30K since 1985, when it was raised from £10K, so that can't be it either....

Grumpy_chap

born_again said:

fiddle290 said:

In answer to question, the house was in America and around $400 a night.  
The CC company have come back today saying saying...  The CC is registered to my partner's company but we booked house via Vrbo.

Unfortunately, your purchase is not protected under Section 75 of the Consumer Credit Act 1974 for the following reasons: To qualify for protection, the amount of credit provided towards the purchase must not exceed £25,000, and it must be provided to an ‘individual’ (which includes sole traders, small partnerships, unincorporated businesses, and ordinary consumers). Since your company is a limited company, I'm afraid it does not fall under the protection of Section 75 of the Consumer Credit Act 1974. We understand that this is not the outcome you were hoping for.

Interesting as to where the £25K comes from as it is £30K for S75

But the rejection is clear on the other grounds.

Possibly £25k + VAT given it was a corporate card?

fiddle290

Surely it's irrelevant the amount, the amount in total is only $2500.  We made the complaint well within the 120 days.  The company is ours and we use the cards when some work is tied into trips but I didn't know nothing is protected.

fiddle290

Oh and chargeback was mentioned initially when I went to them, nothing that we couldn't as it was a company card.