Oasis airline in liquidation- what to do?

moonrakerz

FIA wrote: »

For me, I was asked to go to the Oasis website and return the claim form (if one has seen this form, it asks for your credit card details) to the liquidator. They said the liquidator will recover the costs from the card company for us, but if nothing happens I should ring back Goldfish. No timescale has been mentioned to me though.

For other MS/Goldfish cardholders out there, is this also your experience when you contacted them?

I am more than a little suspicious of what is going on here. If you get involved with the liquidator you are in with all the other creditors and may get a small payout after years - if you are lucky.

Your claim is against Morgan Stanley - no one else- do not get involved with anyone else. If they (MS) wish to claim money back from the liquidators or ABTA or ATOL that is up to them but it is absolutely nothing whatsoever to do with your claim. The liquidator has nothing to do with your claim.

My claim was against MS and after initially trying to fob me off they paid up fairly quickly.
Deal only with MS/Goldfish/Barclaycard (new owners !).

ddt_cfc

MattJ1983 wrote: »

Don't know about you but i have just been sent an email from Oasis:

As you may have heard of our recent situation, it is with much regret that we have applied to the Hong Kong Court to appoint a provisional liquidator on 9 April 2008. The Court has appointed Edward Middleton and Patrick Cowley of KPMG as the provisional liquidators.
Our flight operations have been cancelled until further notice. We would like to take this opportunity to offer you our immediate and sincere apology for the disruption caused by the sudden flight cancellations. We are doing what we can to help customers make alternate travel arrangements as quickly as possible. However, owing to our current situation, you will need to meet the cost of these alternate flight arrangements yourselves. We thank you for your patience and understanding.

I would have thought this would class as an official letter of liquidation.

Yeah I think it must do, just got the same email a few mintues ago, going to print that off and send it too them, hopefully it's good enough!

hola33

moonrakerz wrote: »

There seems to be some confusion about who to claim your money back from in this case.

If you paid by credit card, claim from the credit card company and no one else. The claims through KPMG are for ordinary creditors of the company, you will be so far down the list that you will fall off the bottom. There may also be a risk that this could effect any claim under the CCA.

The query about not having enough credit on your card to buy a new ticket isn't a problem, just pay a deposit by card and the rest how you can. The card issuer is still responsible for the whole of the new ticket.

The queries about if Oasis are "rescued", are again, not really relevant. If you buy new tickets at increased cost you can reclaim all of this from the card issuer. If Oasis then rises from the ashes, it is up to the card issuer to get his money back from Oasis. They have no justification to say (as some are) that you can't claim until after your flight date.
Some of the card issuers are undoubtedly being deliberately obstructive, others have staff who are poorly trained and are operating to a "script" that is either incorrect or just not covering the situation.

I note that some posts refer to "forms" being sent out by the card company, I would say - be very careful what you sign. During my claim, I filled in no forms whatsoever, the only document I signed was a "full and final settlement" letter when the card issuer offered me exactly what I claimed.

The basics facts are that the credit card company has a legal duty to put you in the same position you would have been in had Oasis not gone bust. Whether the flight is tomorrow or in 12 months time is completely irrelevant. Get new tickets from another airline and send the bill to the card company, if they muck you about, threaten them with Court, if they don't pay then - take them to Court - you will win !!.

Can someone point me in the direction of where I can find in the terms and conditions that I am entitled to receive payment towrads the cost of re-booking the flights with a different company. Having spoke with Barclaycard they insist that I am only entitled to receive back the money originally paid for the tickets and that they are not obliged to buy for rpelacement tickets with a different company. Cheers

sybilc

ddt_cfc wrote: »

Yeah I think it must do, just got the same email a few mintues ago, going to print that off and send it too them, hopefully it's good enough!

Dear ddt_cfc,

Has the letter got your name printed on it? If not, is it possible to email it to me cos' I am trying to resolve this matter with Citibank as well. I have sent Oasis an email but I have yet heard from them.

Spoken with Visa in HK and they told me different credit card companies have different rules re non-receipt of goods or services refund. ~Sigh~ I feel so stressed about it, not that my ticket costs lots of monies but to make a decision whether to book on another airlines or wait.

My email address is [EMAIL="saffron_47@hotmail.com"]saffron_47@hotmail.com[/EMAIL]. Would very much appreciate it.

MattJ1983

sybilc wrote: »

Dear ddt_cfc,

Has the letter got your name printed on it? If not, is it possible to email it to me cos' I am trying to resolve this matter with Citibank as well. I have sent Oasis an email but I have yet heard from them.

Spoken with Visa in HK and they told me different credit card companies have different rules re non-receipt of goods or services refund. ~Sigh~ I feel so stressed about it, not that my ticket costs lots of monies but to make a decision whether to book on another airlines or wait.

My email address is [EMAIL="saffron_47@hotmail.com"]saffron_47@hotmail.com[/EMAIL]. Would very much appreciate it.

ah - it does im afraid. However, i could send it to you anyway? Technically you can just input your own name? (possibly :rolleyes: )

sybilc

moonrakerz wrote: »

There seems to be some confusion about who to claim your money back from in this case.

If you paid by credit card, claim from the credit card company and no one else. The claims through KPMG are for ordinary creditors of the company, you will be so far down the list that you will fall off the bottom. There may also be a risk that this could effect any claim under the CCA.

The query about not having enough credit on your card to buy a new ticket isn't a problem, just pay a deposit by card and the rest how you can. The card issuer is still responsible for the whole of the new ticket.

The queries about if Oasis are "rescued", are again, not really relevant. If you buy new tickets at increased cost you can reclaim all of this from the card issuer. If Oasis then rises from the ashes, it is up to the card issuer to get his money back from Oasis. They have no justification to say (as some are) that you can't claim until after your flight date.
Some of the card issuers are undoubtedly being deliberately obstructive, others have staff who are poorly trained and are operating to a "script" that is either incorrect or just not covering the situation.

I note that some posts refer to "forms" being sent out by the card company, I would say - be very careful what you sign. During my claim, I filled in no forms whatsoever, the only document I signed was a "full and final settlement" letter when the card issuer offered me exactly what I claimed.

The basics facts are that the credit card company has a legal duty to put you in the same position you would have been in had Oasis not gone bust. Whether the flight is tomorrow or in 12 months time is completely irrelevant. Get new tickets from another airline and send the bill to the card company, if they muck you about, threaten them with Court, if they don't pay then - take them to Court - you will win !!.

Well just received the notification letter from Oasis. Moonrakerz, as you seem to be an expert in this issue, do you think I will have any chance of either claiming a full refund from Citibank? I was told by a lawyer that the Section 75 of CCA is not recognised in HK law - which I think is a bit weird as HK was colonised before.... anyway, I know most of you are from the UK. Would be grateful if anyone could give me some ideas what the right things to say when negotiating with the credit card company.

wellsgp

hola33 wrote: »

Can someone point me in the direction of where I can find in the terms and conditions that I am entitled to receive payment towrads the cost of re-booking the flights with a different company. Having spoke with Barclaycard they insist that I am only entitled to receive back the money originally paid for the tickets and that they are not obliged to buy for rpelacement tickets with a different company. Cheers

This is the impression I am getting - B/Card are being very non-specific on their stance on this.

paris123_2

Hi everybody,

This forum has been a lifesaver! I spoke with Egg today and they asked me to send my claim in for the difference in fare and that they are sending out a claim form to get the money I originally paid back. I'm slightly concerned as they recommended I sent a sollicitor's letter as well as all the other info. It's for a "claim" too, which surely means they aren't required to refund the difference in cost for new flights? Consumer Direct also advised me that one has to "mitigate one's losses" - meaning the service has to be the same provided as before BUT at a reasonable rate. Slightly ambiguous wording. I'll update you all on Egg's stance when they get back to me and would appreciate any responses! Also, when booking new flights, do I have to use a credit card in my name, as my limit is not enough?

moonrakerz

sybilc wrote: »

I was told by a lawyer that the Section 75 of CCA is not recognised in HK law - which I think is a bit weird as HK was colonised before.... anyway, I know most of you are from the UK. Would be grateful if anyone could give me some ideas what the right things to say when negotiating with the credit card company.

The CCA is UK Law, but it is possible that there is something similar under HK Law, many other countries have something similar.

amy_lam

I went into HSBC to speak to them about the situation
They said i need confirmation from the liquidators about the situation and that they are not going to be able to pay out...

I got that same email from oasis too, but i don't know if that is enough? So i emailed them again, and are now awaiting for their reply ...