Oasis airline in liquidation- what to do?

sybilc

moonrakerz wrote: »

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

sadly, just read from another local forum that we don't have similar consumer protection act in hk.

moonrakerz

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

1. There are no Ts & Cs about this, it is part of Common Law. The credit card company has a legal responsibility to put you in the same position that you would have been had Oasis not gone bust. If you had a ticket from London to HK, they have to provide you with a similar quality product, either directly or indirectly.

2. Barclays tell lies, this is rubbish. This is what the Financial Ombudsman has to say on this point.

"The claim is not limited to the amount of the credit card transaction. Customers can claim for all losses caused by the breach of contract or misrepresentation. And this applies even if all they paid by credit card was the deposit."

This would also include hotel bills, meals etc if you got stranded !

See:

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

paris123_2

Does anyone know for the re-booking of flights whether the service has to be EXACTLY the same - by this I mean same dates, as there are cheaper flights around the dates I'm meant to be travelling. I presume that I would be held responsible for both sets of flights if an investor came forward and saved Oasis and that my credit card company would expect me to refund all refunds paid by them?
Thanks for any advice!

wellsgp

moonrakerz wrote: »

1. There are no Ts & Cs about this, it is part of Common Law. The credit card company has a legal responsibility to put you in the same position that you would have been had Oasis not gone bust. If you had a ticket from London to HK, they have to provide you with a similar quality product, either directly or indirectly.

2. Barclays tell lies, this is rubbish. This is what the Financial Ombudsman has to say on this point.

"The claim is not limited to the amount of the credit card transaction. Customers can claim for all losses caused by the breach of contract or misrepresentation. And this applies even if all they paid by credit card was the deposit."

This would also include hotel bills, meals etc if you got stranded !

See:

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

This is great thank you!

Have included URL above in letter to B/Card.

Cheers all! Will let you know how I get on.

moonrakerz

paris123 wrote: »

Does anyone know for the re-booking of flights whether the service has to be EXACTLY the same - by this I mean same dates, as there are cheaper flights around the dates I'm meant to be travelling. I presume that I would be held responsible for both sets of flights if an investor came forward and saved Oasis and that my credit card company would expect me to refund all refunds paid by them?
Thanks for any advice!

The flights have to be similar, if you booked Economy you can't get Club or First. If you booked Club and would be happy with Economy Plus, or even Economy, fine.

If Oasis was saved at a later date (most unlikely !) it would be up to the credit card company to recover their money from Oasis - but any saviour would probably make sure that he wasn't responsible for the outstanding debts. You have no liabilities on this point.

rustyg

I phoned the call-centre using the number on the back of my card. I got put through to the disputes department where they were well aware of the situation. I was initially advised to contact KPMG (the operator had the phone number to hand) and then told to complete the claim form on the Oasis website.

I said that I wanted to claim against MS/Goldfish/Barclaycard and the operator treated me as if I was mental. She told me that the airline had gone bust so why should the CC company be liable?!? My claim was obviously against the airline and I should go down the avenue outlined above.

This doesn't seem to be the view on this forum so I'm planning to send in a claim using moonrakerz's template. And I will also be claiming for replacement flights on or around the same dates.

paris123_2

I figured it would be most unlikely but I read earlier how a HKG gazzilionnaire had handed over some cash ... slightly worried to what that might amount too! I'll book flights on the dates and send them the claim. Do you have anything official stating how that I could not be liable for repaying the costs if Oasis were to be bailed out? I'm a student and could not afford to get caught out on that one! Thanks ever so much for giving up your time!

sndrsn

Hi,
I bought flights for July of this year in October last year with a Visa debit card. I rang Barclays who were initially very co-operative but they said they could only claim back for "goods not delivered" and that was only possible 120 days after the transaction.

MSE says:

[FONT=Arial, Helvetica, sans-serif]How chargeback works

[FONT=Arial, Helvetica, sans-serif]Complain to your bank not more than 120 days after realising your goods won't be delivered and the transaction can be disputed. Your card issuer can then claim the money back off the merchant's bank. It's worth noting many bank staff don't know about this procedure, so you may need to explain it do them (also remember this is only for Visa or Mastercard Debit cards).
[FONT=Arial, Helvetica, sans-serif]At this point the onus is on the acquirer bank (ie not the company but its bank) to get the money back in a transaction that hasn't been adequately completed.[/FONT]

[/FONT][/FONT]

Now I only realised that the goods wouldn't be delivered today, not in October. Does that mean my bank is wrong or is it poor writing on MSE?

Can anyone tell me

[FONT=Arial, Helvetica, sans-serif]

[/FONT]

captain_insano

Hope someone can give me some advice, I'm still in a state of shock and am having a bit of trouble understanding what I need to do.

I was flying to Hong Kong with Oasis on July 19 and crucially it seems I paid by debit card. What are my options?

sndrsn

(to captain_insano)
As I understand it, just from research today:
Have a look at http://www.telegraph.co.uk/global/main.jhtml?xml=/global/2006/09/16/cmdeal16.xml

If you have a Visa debit card there is a potential for a chargeback, as described here:
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchan

But if like me you booked more than 120 days ago you're bank may, like mine, say there's nothing they can do.