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

Charsiu

Grumpy_chap said:

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.

The hotel confirmed I no longer had a reservation via email, and that it was cancelled (not by me) in August - presumably by Prestigia upon receiving the first charge dispute.

born_again

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 can't.
You only get one chance at a chargeback.

born_again

Jenni_D said:

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?

Timescale for this would be 120 days from date of service, up to  a max of 540 days from date of debit.
Sadly in this case & what OP was wanting chargeback on. It would only be 120 days from payment. 

Woodstok2000

born_again said:

Jenni_D said:

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?

Timescale for this would be 120 days from date of service, up to  a max of 540 days from date of debit.
Sadly in this case & what OP was wanting chargeback on. It would only be 120 days from payment. 

Expected date of service in this case is the date of the holiday. That's within 120 days - definitely worth speaking to the card issuer about it as often they don't understand their own rules.

sheramber

As you submitted a chargeback claim before the date of the service what  was your claim for?

Charsiu

Woodstok2000 said:

born_again said:

Jenni_D said:

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?

Timescale for this would be 120 days from date of service, up to  a max of 540 days from date of debit.
Sadly in this case & what OP was wanting chargeback on. It would only be 120 days from payment. 

Expected date of service in this case is the date of the holiday. That's within 120 days - definitely worth speaking to the card issuer about it as often they don't understand their own rules.

Received my card company's response, unfortunately it's not in my favour yet again. Essentially they're saying they can only raise one Chargeback request with MasterCard and as that case is closed they cannot pursue it further, I cannot raise another chargeback as it's against the MC rules and Section 75 is not applicable due to the Debtor-Creditor-Supplier chain being broke.

Just as a refresher on the timings of the Chargeback as this is now pertinent:

September - Chargeback was raised against Prestigia.

November - Prestigia responded to the Credit Card Company with their false evidence.

November - Credit Card company informed me of their response by post and I had to counter within X Days.

PROBLEM - I literally had a change of address and the letter was sent to my old home; this is entirely my fault for not updating the address in time; so this point might be downfall in losing £950~. By the time I retrieved my letters in December, my response time had already elapsed - hence the case closing.

Note - I am able to and have always communicated with the Credit Card company regarding this chargeback via email (my responses, attaching evidence and receipts), but their responses are always via the post.

Had a "chat" with ChatGPT just to see what possible options there are (taking it with a pinch of salt) and it recommended making a formal complaint to the Credit Card issuer, receiving a Final Rejection Letter and then taking that to raise a case with the Financial Ombudsman for adjudication.
Not too sure what my grounds would be other than with regards to Fairness and/or a "Duty to communicate fairly" (quoting the AI here); I don't have a high confidence on this point as sending by post although is slow as hell and sometimes lost is a legitimate communication method.

born_again

As this is a chargeback & card regulations, there is nothing Fos can do. 
Yes, raise a complaint, might get a bit of goodwill from the bank.

Using email is a unsecure method. Hence post being used.

Charsiu

born_again said:

As this is a chargeback & card regulations, there is nothing Fos can do. 
Yes, raise a complaint, might get a bit of goodwill from the bank.

Using email is a unsecure method. Hence post being used.

Their response letter was dated 11 November, by the time I retrieved the letter I replied by email by 11 December, I think this is still within the time limits of the MC guidelines (which I know the credit card company doesn't have to align with) so they could have continued with the case, but did not due to internal process - I intend to raise this with the FOS once I have their final response letter.

MattMattMattUK

Charsiu said:

born_again said:

As this is a chargeback & card regulations, there is nothing Fos can do. 
Yes, raise a complaint, might get a bit of goodwill from the bank.

Using email is a unsecure method. Hence post being used.

Their response letter was dated 11 November, by the time I retrieved the letter I replied by email by 11 December, I think this is still within the time limits of the MC guidelines (which I know the credit card company doesn't have to align with) so they could have continued with the case, but did not due to internal process - I intend to raise this with the FOS once I have their final response letter.

On what basis? Chargeback is not covered by the FOS.

Charsiu

MattMattMattUK said:

Charsiu said:

born_again said:

As this is a chargeback & card regulations, there is nothing Fos can do. 
Yes, raise a complaint, might get a bit of goodwill from the bank.

Using email is a unsecure method. Hence post being used.

Their response letter was dated 11 November, by the time I retrieved the letter I replied by email by 11 December, I think this is still within the time limits of the MC guidelines (which I know the credit card company doesn't have to align with) so they could have continued with the case, but did not due to internal process - I intend to raise this with the FOS once I have their final response letter.

On what basis? Chargeback is not covered by the FOS.

The chargeback (with Mastercard) is done and dusted as it's closed. The FOS complaint would be for the credit card company's handling of the case; it's a clutch at straws, sure, but I have already lost a grand already as it stands.