Need guidance on refund from Credit Card company over missold Hotel booking.

Okell

powerful_Rogue said:

Charsiu said:

Woodstok2000 said:

Charsiu said:

Prestigia never explicitly stated they won't provide a refund in black and white text, but their consistent ignoring of my requests prior to chargeback is basically refusal.

As of right now we have gone beyond the dates for which the service was booked for (26th - 31st Dec) and the credit card company already refused a chargeback as above - do you mean trying a second chargeback for failing to provide the service? i.e. the Hotel no longer having a booking for me.

You mentioned they rejected an s75 claim, rightly as you used a 3rd party. However you may still be able to process a chargeback  claim against the third party. Get back in touch with the bank and see if that is an option...

I haven't made a S75 claim yet, but they said in the same rejection letter that if I did, it would not be successful either due to Prestigia being a third party.

Crazy, that means the likes of Expedia, Booking.com, lastminute.com and so forth are never accountable for anything they sell.

They are, through the courts.

True - but how likely is it that the OP will be able to successfully sue a Gibraltarian company (or hotel in Thailand) in an English court?

And even if he won a judgment, could it be enforced?

powerful_Rogue

Okell said:

powerful_Rogue said:

Charsiu said:

Woodstok2000 said:

Charsiu said:

Prestigia never explicitly stated they won't provide a refund in black and white text, but their consistent ignoring of my requests prior to chargeback is basically refusal.

As of right now we have gone beyond the dates for which the service was booked for (26th - 31st Dec) and the credit card company already refused a chargeback as above - do you mean trying a second chargeback for failing to provide the service? i.e. the Hotel no longer having a booking for me.

You mentioned they rejected an s75 claim, rightly as you used a 3rd party. However you may still be able to process a chargeback  claim against the third party. Get back in touch with the bank and see if that is an option...

I haven't made a S75 claim yet, but they said in the same rejection letter that if I did, it would not be successful either due to Prestigia being a third party.

Crazy, that means the likes of Expedia, Booking.com, lastminute.com and so forth are never accountable for anything they sell.

They are, through the courts.

True - but how likely is it that the OP will be able to successfully sue a Gibraltarian company (or hotel in Thailand) in an English court?

And even if he won a judgment, could it be enforced?

True, however I was replying where the OP mentioned lastminute, Expedia and Booking.com - which are covered by the laws of England and Wales.

Woodstok2000

Charsiu said:

Woodstok2000 said:

Charsiu said:

Prestigia never explicitly stated they won't provide a refund in black and white text, but their consistent ignoring of my requests prior to chargeback is basically refusal.

As of right now we have gone beyond the dates for which the service was booked for (26th - 31st Dec) and the credit card company already refused a chargeback as above - do you mean trying a second chargeback for failing to provide the service? i.e. the Hotel no longer having a booking for me.

You mentioned they rejected an s75 claim, rightly as you used a 3rd party. However you may still be able to process a chargeback  claim against the third party. Get back in touch with the bank and see if that is an option...

I haven't made a S75 claim yet, but they said in the same rejection letter that if I did, it would not be successful either due to Prestigia being a third party.

Crazy, that means the likes of Expedia, Booking.com, lastminute.com and so forth are never accountable for anything they sell.

Right, so try a chargeback request against Prestigia.

powerful_Rogue

Woodstok2000 said:

Charsiu said:

Woodstok2000 said:

Charsiu said:

Prestigia never explicitly stated they won't provide a refund in black and white text, but their consistent ignoring of my requests prior to chargeback is basically refusal.

As of right now we have gone beyond the dates for which the service was booked for (26th - 31st Dec) and the credit card company already refused a chargeback as above - do you mean trying a second chargeback for failing to provide the service? i.e. the Hotel no longer having a booking for me.

You mentioned they rejected an s75 claim, rightly as you used a 3rd party. However you may still be able to process a chargeback  claim against the third party. Get back in touch with the bank and see if that is an option...

I haven't made a S75 claim yet, but they said in the same rejection letter that if I did, it would not be successful either due to Prestigia being a third party.

Crazy, that means the likes of Expedia, Booking.com, lastminute.com and so forth are never accountable for anything they sell.

Right, so try a chargeback request against Prestigia.

Appears OP has tried that and it's been rejected.

I returned home yesterday and the Credit Card company sent me a letter whilst I was away, and they have rejected my claim. Citing my claim exceeding the timescale stipulated under the MasterCard Rules and Regulations.

Woodstok2000

powerful_Rogue said:

Woodstok2000 said:

Charsiu said:

Woodstok2000 said:

Charsiu said:

Prestigia never explicitly stated they won't provide a refund in black and white text, but their consistent ignoring of my requests prior to chargeback is basically refusal.

As of right now we have gone beyond the dates for which the service was booked for (26th - 31st Dec) and the credit card company already refused a chargeback as above - do you mean trying a second chargeback for failing to provide the service? i.e. the Hotel no longer having a booking for me.

You mentioned they rejected an s75 claim, rightly as you used a 3rd party. However you may still be able to process a chargeback  claim against the third party. Get back in touch with the bank and see if that is an option...

I haven't made a S75 claim yet, but they said in the same rejection letter that if I did, it would not be successful either due to Prestigia being a third party.

Crazy, that means the likes of Expedia, Booking.com, lastminute.com and so forth are never accountable for anything they sell.

Right, so try a chargeback request against Prestigia.

Appears OP has tried that and it's been rejected.

I returned home yesterday and the Credit Card company sent me a letter whilst I was away, and they have rejected my claim. Citing my claim exceeding the timescale stipulated under the MasterCard Rules and Regulations.

No, that was a reference to a potential s75 claim. Chargeback is different. Also the timescale point is incorrect and should be challenged...

powerful_Rogue

Woodstok2000 said:

powerful_Rogue said:

Woodstok2000 said:

Charsiu said:

Woodstok2000 said:

Charsiu said:

Prestigia never explicitly stated they won't provide a refund in black and white text, but their consistent ignoring of my requests prior to chargeback is basically refusal.

As of right now we have gone beyond the dates for which the service was booked for (26th - 31st Dec) and the credit card company already refused a chargeback as above - do you mean trying a second chargeback for failing to provide the service? i.e. the Hotel no longer having a booking for me.

You mentioned they rejected an s75 claim, rightly as you used a 3rd party. However you may still be able to process a chargeback  claim against the third party. Get back in touch with the bank and see if that is an option...

I haven't made a S75 claim yet, but they said in the same rejection letter that if I did, it would not be successful either due to Prestigia being a third party.

Crazy, that means the likes of Expedia, Booking.com, lastminute.com and so forth are never accountable for anything they sell.

Right, so try a chargeback request against Prestigia.

Appears OP has tried that and it's been rejected.

I returned home yesterday and the Credit Card company sent me a letter whilst I was away, and they have rejected my claim. Citing my claim exceeding the timescale stipulated under the MasterCard Rules and Regulations.

No, that was a reference to a potential s75 claim. Chargeback is different. Also the timescale point is incorrect and should be challenged...

There is no set time limit for a s75 claim (6 years). So appears OP is talking about a chargeback that has failed due to the timescale.

Jenni_D

I think point being made is that a chargeback timeline for a service should start from the date of intended service provision, not the date of payment?

Charsiu

My first chargeback was based on them mis-selling the room and not advertising the full rate - I thought this would have been an obvious and straight forward case. The credit card company's response was a rejection to my claim, the reason being simply that my claim "exceeds the timescale as stipulated under the MasterCard rules and regulations" - so it sounds like they haven't considered my evidence at all, and just dismissed it to fob me off.

However, from what others have commented and me checking the MasterCard R&R, it seems that the "timeframe" actually starts from when the service is supposed to be provisioned, not when the transaction was processed - so I guess I can resubmit for a second Chargeback request... additionally, the Hotel reservation was actually cancelled by Prestigia despite them taking my full payment, so they have officially failed to provide the service I paid for.

Woodstok2000

Charsiu said:

My first chargeback was based on them mis-selling the room and not advertising the full rate - I thought this would have been an obvious and straight forward case. The credit card company's response was a rejection to my claim, the reason being simply that my claim "exceeds the timescale as stipulated under the MasterCard rules and regulations" - so it sounds like they haven't considered my evidence at all, and just dismissed it to fob me off.

However, from what others have commented and me checking the MasterCard R&R, it seems that the "timeframe" actually starts from when the service is supposed to be provisioned, not when the transaction was processed - so I guess I can resubmit for a second Chargeback request... additionally, the Hotel reservation was actually cancelled by Prestigia despite them taking my full payment, so they have officially failed to provide the service I paid for.

Yes, exactly

Grumpy_chap

Charsiu said:

 they have officially failed to provide the service I paid for.

Did you turn up to use the reservation?
Difficult to prove the service was not provided if you failed to use it.