Oasis airline in liquidation- what to do?

reallycrosswithflying

LevDaFish wrote: »

Hi, it was me who managed to get a refund off of the Halifax from my Visa Debit card. Took a few phonecalls and having to quote various articles I'd found which got posted up in the Maxjet thread. In the end I had to go via customer complaints even this took several calls. I'll dig out what info I have and pm it to you.

Just seen your post. I'm supposed to be flying with my girlfriend in June, and booked on a Halifax Visa debit card. We're now £750 down, and not ammused. Would you mind sending me details of how you got your refund?

Thanks!

paris123_2

Hi,

For everyone that's looking for replacement flights, head to Air NZ's website - they're doing London-HK for 385 quid return. Also, STA Travel have cheap travel for under 26s.
Good luck!

lucky88_2

greentea328 wrote: »

lucky88 wrote: »

Thanks again Lucky,


The Statement of Truth should replace your normal Regards or Yours sincerely at the end of your letter.

As to rebooking and seeking compensation, you can play it either way;

Get agreement with your card company to rebook and they agree to pay the difference - in writing. For those who are cautious and dont want a protracted negotiation.

Go and do it straight away which i did ; come hell or high water file a claim to them. if they dont pay for the costlier flights, go to the Ombudsman to arbitrate your just and legal rights to compensation.

Both are acceptable, because the later you book the more it will cost them - tell them this.

i took the last option as my kids havent seen their grandparents in years and they are getting on in years. so no choice!
thanks

twitch

I have now sent off my claim to HSBC MasterCard. The claim includes the original cost of the Oasis air fare, and the extra cost for having to purchase new air fares with Cathay Pacific. Will let you know the outcome.

lucky88_2

twitch wrote: »

I have now sent off my claim to HSBC MasterCard. The claim includes the original cost of the Oasis air fare, and the extra cost for having to purchase new air fares with Cathay Pacific. Will let you know the outcome.

good.hope you get a quick response unlike lloyds tsb. one week and still no reply!!

taburiente

I am currently speaking to Beefcal visa who agree they have to pay me back for the purchased ticekts with oasis. so that is ok

however, they don't agree they have to repay for new tickets.

the reference to 'all losses' in section 75 would cover me they say if for example i took a train to the airport only to discover there were no flights. then they would reimburses me for the train tickts.

sorry to be a pain but could you point out the wording again where i thik the fiancial ombudsman ruled.

many thanks

moonrakerz

taburiente wrote: »

however, they don't agree they have to repay for new tickets.

Absolute cobblers !!

[SIZE=-1]"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."

[/SIZE][SIZE=-1]If you had to pay extra to get you to your destination with another airline, that is part of your loss - for which the Credit Card Issuer is responsible.[/SIZE]

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

lucky88_2

taburiente wrote: »

I am currently speaking to Beefcal visa who agree they have to pay me back for the purchased ticekts with oasis. so that is ok


A bit confused. There could be a misunderstanding with barclaycard.

Agreed with them that they dont pay you back twice i.e. refunded you the oasis tickets and pay for your new ones.

it is the extra over the original ones that you are claiming for.

as moonrakez link will show, the ombudsman ruling was that the credit card had to fork out the extra fare for the new tickets which the travel agent could no longer provide.

i hope this clears the air.

if in doubt or we are wrong - call their customer service team. but make it clear to barclaycard that you are not claiming an extra ticket.

remember, they pay them peanuts so they are staffed by you know what!!

let us know how you got on.

ps. under contract law, barclaycard is under contract for that agreed price, which you paid to oasis, to take you to hk and back. since barclaycard will be in breach a court of law will either enforce the law i.e. make them take you to hong kong or make them pay you damages which is in this case the compensation.this is also how the ombudsman sees it.

remember moonrakez got the extra paid by his cc for rebooking on BA on "J "class.

lucky88_2

here is an extract from a financial expert on s.75 and compensation.



Section 75 of the Consumer Credit Act 1974 (Section 75) provides you with a valuable legal right when you buy goods or services on a credit card. If you buy something costing between £100 and £30,000 on a credit card (but not a debit card), you can claim against your card issuer if something goes wrong. What's more, even if you've only paid a deposit of, say, £1 on your credit card, you can claim a refund of the entire cost of the goods.
So, if goods are damaged, faulty or don't turn up, or the supplier goes bust, your card issuer wears the supplier's shoes and must make good your loss (under what's known as a debtor-creditor-supplier arrangement or connected lender liability). This explains why I always use my credit card to pay for expensive purchases (plus I get cashback as I spend, too).

It is as i expect. if no joy with barclaycard, complain to the Ombudsman and they will uphold your complain and barclaycard will eventually pay you.

N.B. he says " make good your loss". to me it means; the loss of your original fare and a loss suffered by you for having to rebook at more expensive BA or Cathay.

i hope this helps and tell them that they are in this chain of liability!!

taburiente

Well, it looks like i have to go via the Ombudsman to claim for additional costs.

Beneficial know that i am claiming for the additional amount and not two lots of tickets.

I spoke to the person who deals with section 75 everyday and whilst very helpful, they insist that all losses does not refer to the extra for new tickets. If i flew out to HK and ould not get back, then they would pay for that flight - they say.

they insist that i am back in my original position as i now have my money back.

so i dont know how you did it moonrakerz as i have quoted section 75 till i am blue in the face.