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Oasis airline in liquidation- what to do?

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  • amy_lam
    amy_lam Posts: 25 Forumite
    lucky88 wrote: »
    HI,

    Sorry the exact fare was £625. Our return date was 20th August.

    £650 is still way cheaper than the other three by hundreds of pounds. i think cathay are asking high 800s.
    you forgot- we should be able to claim back from our credit card company the extra cost. we will get back our original cost.you dont have to save them that much money to rebook us to get us back to our original situation with oasis as govern by the law.

    remember we are not paying for the ticket twice.
    That's true
    So have u you succesfully claimed back the additional costs???
  • lucky88_2
    lucky88_2 Posts: 99 Forumite
    amy_lam wrote: »
    That's true
    So have u you succesfully claimed back the additional costs???

    No. I sent everything off on tuesday to lloyds tsb in brighton. waiting for a reply.
    if they dont pay compensation, i will take the route with the financial ombudsman who said that they mostly resolve things between both parties. the banks will follow what they say/recommend.

    if you follow the link i have for the fin' ombud' they quote a case where they ruled in favour of a passenger whose agent didnt delivered the flights they booked. the passenger then asked the credit card company to pay for a more expensive flight which the FO agreed. in the end the bank accepted the FO decision and paid up.
  • cfclol
    cfclol Posts: 11 Forumite
    Hi
    I have been following this thread with interest and am grateful for the advice received. I purchased flights totaling a little over £1,500 back in December for travel this July. I made a claim with my credit card company (RBS Mint) quoting the consumer credit act, as soon as I heard the news about the liquidation. After initially saying I had to make a claim with the liquidators and to see if I can get a refund, I stood my ground with them and after a few telephone calls and faxes received a full refund yesterday. Once I finally got through to the right person (always try to get to the decision makers by holding your ground and staying firm - remember he who talks first loses!) the refund was done whilst I was on the phone. From my understanding and my dealings with Mint it seems that they try to push you down the avenue of claiming back from MasterCard or Visa rather than from them. If this is the case then all the boxes have to be ticked (i.e "has the customer attempted to obtain a refund from the supplier") and will take a lot longer. Just keep quoting the CCA and you will get your refund. The first guy I spoke to said "..but we have to get the money back from MasterCard!" and as I replied "I'm afraid that's not my problem, my claim is against RBS mint and I want a full refund or I will commence legal proceedings". Believe me whoever your card provider is , stick to your guns and you will get your refund. I should also point out that Mint confirmed that I can also make a seperate claim for the difference in flight costs with BA (about £800) and this will also be dealt with "swiftly" under the CCA. I have the contact details of a key decision maker in RBS Mint Retail Disputes department, if anyone is interested mail me.
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    lucky88 wrote: »
    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.

    See:

    http://www.out-law.com/page-8595
  • I bought my O8 ticket in March and I just got the bank statement. However, I have already paid the $ at the beginning of April. (Yes, I m being a good girl who paid the payment in advance!!! !!!!!)

    So hopefully, I could get my refund. or shall I just tell the bank that I refuse to pay? so those $ that I hav already paid can use for other payment??

    Please kindly advice! Thank a million!
  • lucky88_2
    lucky88_2 Posts: 99 Forumite
    jasminetea wrote: »
    I bought my O8 ticket in March and I just got the bank statement. However, I have already paid the $ at the beginning of April. (Yes, I m being a good girl who paid the payment in advance!!! !!!!!)

    How did you paid for the oasis tickets??.
    If credit card then use s.75 CCA 1974 - see previous post on how to approach that.

    If by debit card, i believe, your bank can try to retrieve the money by "chargeback" back to oasis banks.

    If you paid a travel agent cash or cheque, see whether they are ATOL, IATA or ABTA bonded. You may be covered.If it is a bucket shop, then plee for your money back give them a sad story.
    If you use a credit card at the travel agent or bucket shop who is refusing to refund you, go to your credit card company citing s.75. they , the cc company, will pay you and they will chargeback the ttravel agent.but the cc company need to verify the tickets bought by you , by showing them the travel agent receipt.

    note, the credit card company or banks need proof that you havent yet traveled on oasis to stop fraudulent claims. that is why they need all this documentations.

    I hope this helps.
  • Hi Lucky 88. Thanks for your prompt reply.

    I bought the ticket from the O8 website directly and paid by my cc. Unfortunetly, I used my Hong Kong credit card to pay for it so the s.75 CCA 1974 may not be applicable under Hong Kong law...

    The payment due date is 1 May. So does that mean I can refuse to pay for it? (But I have already paid in advance.) Or I better ask the bank to refund by using the 'charge back' term?
  • lucky88_2
    lucky88_2 Posts: 99 Forumite
    I read here or some where that HSBC and Hang Seng bank credit card customers in hk will be refunded for their tickets.
    Quickly, call them up in hk now, as all these cc company have 24 hours hotline, and tell them you are flagging this payment and disputing it. ask firmly but politely you want that charge erased asap and you wontpay it or will withold payment.
    if the HSBC group will offer a refund , i think stan chart will do it too. i hope you have a hsbc cc.
    usually, these bank will pay oasis at the end of each month.like frontier airline in the states, all the credit card company are witholding payment to the airline on behalf of their customers. so you must tell your card company to stop payment too and always get a reference and tell them you havent traveled yet and fax your travel date confirmation because they are vigilant on fraudulent claims and show them you are genuine.

    here is the link from hk about the banks refund , you should be fine;

    http://www.avbuyer.com.cn/e/2008/23070.html
  • Thanks for your advice.

    I called the bank right away and they said once I have filled in the claim/dispute form from the bank, the payment can be withheld immediately, hence I dun need to pay for it!

    Hope everything can be settled next week~
  • lucky88_2
    lucky88_2 Posts: 99 Forumite
    jasminetea wrote: »
    Thanks for your advice.

    I called the bank right away and they said once I have filled in the claim/dispute form from the bank, the payment can be withheld immediately, hence I dun need to pay for it!

    Hope everything can be settled next week~


    i am sure it will be fine. glad i could have helped. keep us posted!! more good news keep us all hopeful and positive.

    oh yes, fax the letter instantly or email it so that they can stop it straight away and say the origonal letter will be sent by registered post.

    always keep copies and proof of postage. you know banks have a lot of staff moving pieces of paper around and that go missing!!
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