Capital One - Warning - Refusing to refund under consumer credit act

oliver2758

Can anyone help? Capital One are refusing to act and refund a card payment I made claiming that they are not liable if goods/ services are faulty only if you do not receive them.

I booked a holiday and paid using my Capital One credit card. When we got to the hotel the pool was closed for 5 weeks and there were building works.

Although Thomas Cooks and a few others moved their guests, Holiday Experts.com refused. They have also failed to honour the ABTA code of practice and deal with my complaint in time.

I got advice from consumer direct and sent capital one a copy of the standard letter quoting the sale of goods act and consumer credit act.

Capital One are wriggling. Can I force them to refund? Any advice please.

jonesMUFCforever

I don't think you are entitled to a full refund. You got a holiday but no pool.
Have you lodged a formal complaint to the holiday operator?

Are Holiday Experts.com part of the ABTA scheme?

The best you can hope for IMO is a partial refund.

MarkyMarkD

Capital One are as liable to compensate you as Holiday-Experts.co.uk, but no more liable.

So, if HolidayExperts.com should compensate you with a particular amount, so should Capital One.

There's no way you'll get a complete refund, though, so be realistic.

I had a holiday complaint and the holiday company basically said "get lost", so I reissued the complaint to my card company and they stumped up the amount I was asking for ... but that amount was reasonable (and, in fact, contractually due).

PS It does help if you get the name of the company right.

sillyvixen

you had your holiday but were unable to use the pool due to the fact that it was not safe to do so.. you still got your holiday whats the problem - if you have a problem with the service offered speak to the holiday people .. you had a holiday its not the cc company's problem.
you are lucky i cant afford a holiday!! pool or no pool!!

NickX

sillyvixen wrote: »

if you have a problem with the service offered speak to the holiday people .. you had a holiday its not the cc company's problem.

This is not correct, as has been stated the Credit Card company are equally liable with the Holiday Company.

You should get some compensation for the pool being unavailable and the building work, I doubt that you would get a full refund, but there is certainly some room for negotiation.

PBA

Was the use of the pool guaranteed in the terms and conditions of the holiday? If so then you can claim, but it's unlikely this would have happened.

dellwear

Capital One wriggle until they get the N1 claim form for the courts in my experience.

I sent them one for a phone I bought on my card from Orange - I got a call back from them on the day I said I was posting the form to the courts and was advised they were giving a full refund plus interest and charges.

Keep at it.

JohalaReewi

There was a TV programme about your consumer rights under the "Package Travel, Package Holidays and Package Tours Regulations 1992" when you book a package holiday. Have a look on this website...

http://www.consumerline.org/search/?cat=Travel+%26+Transport&item=Holidays

MarkyMarkD

PBA Use of the pool doesn't need to be guaranteed. If a holiday is advertised with a pool, then you should be entitled to expect the pool will be available unless the brochure specifically says, for example, "the outdoor pool won't be available between October and March".

Datasafe_2

You might find this useful

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm#316

jonesMUFCforever

Datasafe wrote: »

You might find this useful

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm#316

You quote is about an airline which went bust before the holiday took place.
Quite rightly the Ombudsman found in favour of the claimant but in the case we have discussed the OP did get to his holiday destination and back again - his complaint is about the non use of a swimming pool and building work.
IMO he is not entitled to a full refund here.
Yes he should be compensated for not been able to use the pool and he could claim that the building works were a nuisance but he will never get to the position whereby this constitutes a full refund.