Oasis airline in liquidation- what to do?

ollyrop

Having used various tactics found on this thread I have finally had a result with Halifax. They persistently tried to fob me off by saying that I had to wait until I had a response from KPMG even after having written to them regarding their responsibility under the CCA s75. The final straw came when they wrote to me with the following:
'I would advise that this scenario is similar to the situation where a travel company which is ATOL bonded has ceased trading. We have to wait until ATOL advise our cardholders that the bond is insufficient and to contact their card providers. In this instance we have to wait until KPMG advise you that they will be unable to refund you before we can take any action.'

Having taken some time to calm myself down I rang them to point out that the only similarity between their example and my case was that it involved a travel company. As Oasis was not ATOL bonded there was no relevance whatsoever! I told them that I was now exercising my right under the CCA to process my claim solely with the credit card company and was in the process of contacting KPMG to cancel my clam with them. Within an hour I received a call back from the Customer claims department who had looked at my file and passed it for charge back.

Good luck to everyone still fighting for their money and thank you to all who have contributed to this thread so far.

:beer:

lucky88_2

You dont have to cancel your claim with KPMG and i dont think they can do that as there is nothing to cancel.
s.75 states you can litigate both at the same time or one at a time. this does not impare your litigation. the court will find the party which is solvent and most convenient to instruct to pay. so under these guide line your credit card company would be that solvent party- and they all know this - that can perform the contract.


you must mention joint and several liability. so if you claim from the ccc they cant say they have to wait for kpmg.they must act as if you are only claiming from them. they are in breach and kpmg/insurance is irrelevant to your claim.

not refunding you is also breaking the law i.e.CCA 1974.
keep pushing them.

hulahoops_3

first direct are also saying they are waiting for customers to receive confirmation from the liquidators that they will not be refunded.

wrt to claiming the extra paid for replacement flights, their legal department's response was "...do not believe that we have any liability for the extra cost as that is a totally separate contract that you have chosen to enter into".

monkey2nut

lucky88 wrote: »

lloyds tsb :rotfl: mastercard credited my account yesterday 5/5. they wrote last week for me to sign their declaration and send it back with oasis liquidators letter/announcement. all done in 3 weeks....

Well done lucky88, :j
I am checking my account daily for the credit to appear. I'll give them a few days before I chase them again. Will keep you all updated.

veryunhappy

Can anyone advise me on this:

I've read the whole of this thread and the advise has been perfect - i bought tickets to Hong Kong through Oasis last August due to fly out next Friday.

i used an HSBC credit card and have pursued the CCA route - i managed to get the disputes darpartment to tell me they were gonna replace new tickets. I wanted more though i wanted HSBC to confirm in writing that they were gonna pay.

I got a call yesterday from the legal department to confirm that they would pay for new tickets - great i thought but the thing is they asked me if my partner was going to rimburse me for her ticket - i wasnt thinking and said 'yes'this has been my down fall HSBC will now not pay for her tickets leaving me bact to square one. The phone call is recored and as much as i tried to backtrack - i misunderstood the question - its a gift. the lady had me !!!
can anyone give me any advice on this
i think i'll still complain to the ombudsman in fact i think i'll still rebook the tickets and take it from there.

any help greatly appreciated
you cant believe how gutted i felt yesterday all the effort gone in a single moment of stupidity.

Thanks

lucky88_2

veryunhappy wrote: »

Can anyone advise me on this:

I've read the whole of this thread and the advise has been perfect - i bought tickets to Hong Kong through Oasis last August due to fly out next Friday.

I think for a vebal agreement to be binding there must be some form of consideration to be exchanged between both parties. for instance , i get you to sign a sale of your house for £1 but there is no money or material part exchange conducted, will not stand up in a court of law. hence the 10% deposit which will make that letter binding as a completed contract.

Call them up and tell them you misunderstood their question and ask them put it down it writing thier final response to your claim. most likely they wont put down your verbal agreement. i think it is a stalling tactic trying to wear us down so that we will give up claiming from them.

to sum up, they have no case and try to communicate by letter is the best. i have done this with bot my ccc. lloyds tsb has refunded me but john lewis is like yours - stalling. so i wrote to JL chairman, ceo's office, complaints department and the F.ombudsman. all in writing.

lucky88_2

A lot of these ccc lawyers must be first year law students. i give you a simliar example when there is a breach of contract occurred.

When a buyer after depositng 10% of the contract to purchase your house, decide not to go through the sale with you for whatever reason is in clear breach of contract.this is exactly the same with the ccc and us.

If you sell the house again at a lower price because the market has fallen, you have suffered a financial loss. as such ,you can litigate in court and claim for the loss from your 1st buyer despite pocketing the 10%.

So, as the ccc are in breach and we all have suffered a loss for rebooking on another airline, the ccc knows that they are liable for our losses as a consequence of their breach of contract.

all this talk that their lawyers told them that this is another contract is nonsense. yes it is a new ticket with another airline but , just like the house seller has to sell to other new buyers, we have to buy another ticket as a consequence. so ask them to see their linternal egal advise which i will bet they dont have. becasue any lawyer who is worth their salt will never give out such nonsense.

so guys, tell them yes it is another contract because you broke the original contract also tell them no lawyer will issue such advise and they shouldnt continue with such charade.

veryunhappy

thanks lucky for your advice you have been the main reason why i have felt so confident about getting my money back ...
i feel like such an idiot :mad::mad::mad: to have said my girlfriend was going to reimburse me for her ticket - this is a mistake that i would urge anyone else going through not to make. If you have bought more than one ticket say they are all gifts from yourself because you are very generous.
in the mean time i now have bought new tickets to hong kong choosing the cheapest ones available to fly at the sameish time as the oasis tickets this was i'm still going to complain through the ombudsmen if i lose i will only be a few hundred quid down. all i need to do now is organise the whole trip in such a short space of time. :eek:

Mariannekat

veryunhappy wrote: »

Can anyone advise me on this:

I've read the whole of this thread and the advise has been perfect - i bought tickets to Hong Kong through Oasis last August due to fly out next Friday.

i used an HSBC credit card and have pursued the CCA route - i managed to get the disputes darpartment to tell me they were gonna replace new tickets. I wanted more though i wanted HSBC to confirm in writing that they were gonna pay.

I got a call yesterday from the legal department to confirm that they would pay for new tickets - great i thought but the thing is they asked me if my partner was going to rimburse me for her ticket - i wasnt thinking and said 'yes'this has been my down fall HSBC will now not pay for her tickets leaving me bact to square one. The phone call is recored and as much as i tried to backtrack - i misunderstood the question - its a gift. the lady had me !!!
can anyone give me any advice on this
i think i'll still complain to the ombudsman in fact i think i'll still rebook the tickets and take it from there.

any help greatly appreciated
you cant believe how gutted i felt yesterday all the effort gone in a single moment of stupidity.

Thanks

This makes me absolutely furious. It is completely irrelevant that your partner is going to reimburse you with the money. Don't feel stupid for saying that s/he was going to reimburse you - you should be completely honest.

The section 75 claim is based on the contract for credit that you have with HSBC. It's irrelevant whether you have some verbal, non-contractually binding agreement relating to the proceeds of that credit with a third party.

I'm currently pursuing a claim with HSBC, and they're being evasive and unprofessional, and it's clear that they do not want to pay any of our claims, and they'll do anything to delay the process or throw us off track. The fact that they've led you into thinking that they'd caught you with a clever piece of legal logic makes me so mad. They're exploiting their position as the big, bad bank, and us as the powerless, ignorant consumers.

lucky88_2

please edit ccc ratings from your dealings with your own ccc.out of 5 stars.
if you get compensation as well you should award your ccc 5 stars. So 0 stars is for nothing.3 stars for a refund but no compensation. 4 stars is refund but helpful and may compensate.

HSBC ;
LLOYDS TSB; 3,
Barclays;
Nat West;
MS Goldfish;
JLFS; 0,
First Direct;
Capital One.

Please add on your rating or any ccc.So it is quick and easy for us to judge these ccc.