Oasis airline in liquidation- what to do?

Outraged_of_SE15

Thanks for all the helpful advice...due to fly to HK with my partner & 2 young children next month and really disappointed to hear about Oasis going down the pan.

Armed with the info you guys have provided I have just phoned NatWest CC (with which I purchased my tickets). They now confirm that I am entitled to a refund for the cost of the ticket (in 1-2 weeks apparently) but refute the fact that they have any liability for covering the difference in cost of the more expensive tickets that I will have to purchase if we are to go ahead with the trip afterall.

The guy I spoke to was very pleasant & helpful and said he would double check, then confirmed that all I was entitled to is a refund.

Not sure what to do now... don't want to shell out another c. £2k on flights if the difference in cost won't be refunded.

Any advice??

Outraged_of_SE15

In response to my own post, I have now sought further advice and have been told that the pertinent issue under S.75 of the CCA is the legal interpretation of what has been "lost".

What has been lost is return flights to HK and as such I am entitled to be compensated with replacement flights. If the cost of those flights is now £2k rather than than the £1,200 I paid back in Oct 2007 then I would have a "strong case" for arguing that I should be compensated "like-for-like" (i.e. £2k for £1.2k to cover the increased cost).

I'm up for a fight on this and will let you know how I get on.

taburiente

I paid by credit card - Visa Beneficial. i feel it may not be that easy to get a refund let alone extra costs as Oasis are 'abroad.' I have now read this on the previously provided link;

[SIZE=-1]HSBC, Bank of Scotland and Sainsbury’s Bank have agreed with the Office of Fair Trading that they will apply section 75 to transactions abroad. Other card issuers will not. The argument is due to be resolved by the courts, as the Office of Fair Trading, Lloyds TSB Bank and Tesco Personal Finance have applied to the High Court for a declaration on whether section 75 applies to foreign transactions.[/SIZE]
[SIZE=-1][/SIZE]
[SIZE=-1]Visa Beneficial are currently being extremely diffident with me, from first saying i need to wait for the outcome of the claim to now saying I need to fax all the domuments and any decision from them 'could take some time'

That will prove extremely awkward as my flights were to be May 16. Not only do I have connecting flights booked to get me to and from Gatwick, but my whole reason for going to Hong Kong will have gone after that date.
[/SIZE]

lucky88_2

A lot of these guys in the dispute department arent legally trained or done a basic law course.
you can call the financial ombudsman up to see if you are entitled to compensation. my credit card company are also silent on that.they want you to feel happy that you got your money back and forget about the cpmpensation.they dont outrightly say we cant get it because if they do they will pay another compensation for giving wrong advise. see my links.

it is rightfully ours and we should be able claim for it.
outrage, try to find a friend or someone who is a lawyer, call consumer credit counselling service or citizen advice up and confirm it. there is no question we will get our original fare back but i am 99 o/o certain you will get the compensation.
if you do go next month, keep all the receipt and dispute the compensation with the financial ombudsman who will then instruct your credit card company to pay you the difference in cost for the new tickets.if you are out of pocket for several months and win the case, the ombudsman has the power to ask the credit card company to pay the interest too.

i hope this helps.dont let oasis ruin your holiday. i've rebooked and asked for compensation. if they dont give it i will file a dispute with the ombudsman.

moonrakerz

pin wrote: »

hmm, why should the credit card company pay for anything extra?

For the long answer: See various posts above.

For the short answer: 'cos that's what the Law says !

paragp

taburiente wrote: »

I paid by credit card - Visa Beneficial. i feel it may not be that easy to get a refund let alone extra costs as Oasis are 'abroad.' I have now read this on the previously provided link;

[SIZE=-1]HSBC, Bank of Scotland and Sainsbury’s Bank have agreed with the Office of Fair Trading that they will apply section 75 to transactions abroad. Other card issuers will not. The argument is due to be resolved by the courts, as the Office of Fair Trading, Lloyds TSB Bank and Tesco Personal Finance have applied to the High Court for a declaration on whether section 75 applies to foreign transactions.[/SIZE]

[SIZE=-1]Visa Beneficial are currently being extremely diffident with me, from first saying i need to wait for the outcome of the claim to now saying I need to fax all the domuments and any decision from them 'could take some time'

That will prove extremely awkward as my flights were to be May 16. Not only do I have connecting flights booked to get me to and from Gatwick, but my whole reason for going to Hong Kong will have gone after that date.
[/SIZE]

when speaking to beneficial, you need to quote the CCA 1974 (sec 75) to them saying as per the act the credit provider is liable if the supplier is in breach of contract.

moonrakerz

taburiente wrote: »

[SIZE=-1]HSBC, Bank of Scotland and Sainsbury’s Bank have agreed with the Office of Fair Trading that they will apply section 75 to transactions abroad. Other card issuers will not. The argument is due to be resolved by the courts, as the Office of Fair Trading, Lloyds TSB Bank and Tesco Personal Finance have applied to the High Court for a declaration on whether section 75 applies to foreign transactions.[/SIZE]

Where do you quote this from ?

The transaction you are claiming against is the one with your Credit Card Issuer. I fear this is just delaying tactics by the card issuers - as I have said previously, The Financial Ombudsman has ordered compensation to be paid for these sort of tactics in the past.

The old story about the banks applies to the Card Companies equally:
They are happy to lend you an umbrella, but as soon as it rains they want it back !

lucky88_2

http://www.oft.gov.uk/news/press/2007/139-07

here is the link but it concerns transactions made abroad and also to be sent to your home address!!

yes, s.75 still apply to good purchased overseas. see my later post with link to OFT news on this about the law lords decision in oct 2007 in upholding the OFT stance and the court of appeal 2004 decision that s.75 applies to transaction abroad or with a foreign party.

taburiente

I meant to put in the link. It is one that lucky 88 gave -

http://www.financial-ombudsman.org.u...itcards-31.htm

Approx 17 paragraphs down two before the case studies, it states that paragraph.
The wording 'Other card issuers will not' (apply section 75 to transactions abroad) is extremely worrying.

Huge thanks for all your help and encouragement.

lucky88_2

quickie.
i think our transaction is domestic and not an overseas transaction.

here is the oft release after the law lords ruling in oct 2007. we are covered.


http://www.oft.gov.uk/news/press/2007/149-07


it appears from the case concerning the travel agent from the link above that the credit card company under equal liability and contract, is also contracted to replaced a similar ticket as your first original one.

so not only should we be refunded, the credit card companies , it seems from the ombudman's cases, are honoured bound to pay the difference in new tickets if it cost more. but you cant be paid back twice i.e.get 2 tickets but 1 ticket plus any additional cost to rebook.

thanks.