Oasis airline in liquidation- what to do?

Goldbunion

I Know its not visa's juristiction , but what do they mean by:

"Your bank is not liable for chargebacks"

Ok they can't help but surely this is misinformation as well.

moonrakerz

I am somewhat dismayed by the delaying tactics being used by the banks to avoid them having to refund monies to card holders as required by Sect 75 of the CCA.
I reclaimed money from Morgan Stanley/Goldfish after the collapse of Maxjet, initially I was asked for all sorts of irrelevant documents but when I told them that none of this was required by Law and I wanted my money back PLUS the extra I paid BA for equivalent tickets they paid up fairly quickly.
Moral of the story - don't be messed around !

I note that the word "chargeback" appears lots of times in this thread. What exactly does this mean ? It appears to have two possible meanings - one of which benefits the cardholder, the other is a blatant delaying tactic.

Two definitions pulled off the Web:

"Chargeback
The charge a credit card merchant pays to a customer after the customer successfully disputes an item on his or her credit card statement.

Chargeback
A fee charged by a credit card issuer to a retailer for transactions that are disputed by a cardholder and then adjudicated in the cardholder's favour"

The first definition would appear to be a simple "refund" to the customer after a transaction is disputed. Payment made by the card issuer.

The second appears to be where the retailer (Oasis in this case) has to (re)pay the credit card issuer the amount of the transaction following a dispute.The card issuer then repays the card holder.

I am suspicious as to which definition the Banks are using, if it is the second one (more likely ?), then they are, in effect, saying "you will get your money back when we get it back from Oasis !" As Oasis has gone bust the chances of this happening are pretty slim !

This is NOT what Sect 75 says !

I would suggest that all who have received letters mentioning "chargeback" study the content of the letter to judge in which sense this term is being applied. If it refers/implies to the retailer - you are being taken for a ride by the card issuer.

Solution: County Court and/or complain to the Financial Ombudsman.

twitch

moonrakerz wrote: »

I am suspicious as to which definition the Banks are using, if it is the second one (more likely ?), then they are, in effect, saying "you will get your money back when we get it back from Oasis !" As Oasis has gone bust the chances of this happening are pretty slim !

This is NOT what Sect 75 says !

This is the impression I got from HSBC, although what they said to me was "If we do not have all the correct documents, then our (HSBC) claim to Oasis's bank could be jeopardised. I had to write one last time, effectively telling them that I don't care about their claim to Oasis's bank, as my claim to HSBC is not dependent on it.

moonrakerz

twitch wrote: »

This is the impression I got from HSBC, although what they said to me was "If we do not have all the correct documents, then our (HSBC) claim to Oasis's bank could be jeopardised. I had to write one last time, effectively telling them that I don't care about their claim to Oasis's bank, as my claim to HSBC is not dependent on it.

Any claim that your bank has on Oasis is totally irrelevant ! That is their problem, it is nothing whatsoever to do with your claim. MS tried this on me by saying that I had to produce ABTA/ATOL documents etc, I told them this was rubbish and I was not going to produce these documents - they then paid up.

They have a legal duty under the CCA - remind them of that - if they won't then play ball they are breaking the Law - full stop ! Tell them that. The banks are being deliberately obstructive.
The only documents they might need are the ones to prove that you spent extra money with another airline to fulfil your trip. If you are just after a refund they require nothing else - they know Oasis has gone bust and they know that you paid for flights on their card, end of story !

Looking at the huge number of posts this topic has attracted it may be worth writing to your MPs as well.

twitch

I completely agree with you. I got my money back after writing to them that last time, but that's just what I interpreted from what they were saying to me. It is irrelevant whether or not the banks are able to reimburse themselves after refunding your money. It's not the customers' problem.

Excalibur_2

Since sending my completed Declaration (Claim form) along with a letter to HSBC back to their Disputes Chargebacks Department in SOUTHEND-ON-SEA, I have been phoned by their Chargebacks Department (on the last few occasions) based in India(!) on 0800 783 8422 who you can only call back on 0845 603 9952. They told me yesterday that I need a final liquidation letter from Oasis before they can process my claim and apparently, one HSBC customer has already had this. I emailed the [EMAIL="info@oasishongkong.com"]info@oasishongkong.com[/EMAIL] requesting this letter copied to [EMAIL="chargebacksgsc@hsbc.co.in"]chargebacksgsc@hsbc.co.in[/EMAIL] as instructed but knowing what the liquidators KPMG have been like, it'll probably be a long wait.

I have had to buy more tickets to China with another airline. Am I entitled to any compensation because of this via HSBC?

I have also phoned the Financial Ombudsman (FO) and was told that I had to wait 8 weeks from the date of my first complaint before I could lodge a complaint with the FO before they investigated the matter.

I was also told by HSBC that I won't be able to get my original money back until after my travel dates have expired, i.e. the outward and return flights. Is this right or are they fobbing me off by using yet more delay tactics? I am considering cancelling my direct debit to HSBC whereby I normally pay the whole of my credit card balance at the end of every month because they are going to try and deduct the 1100GBP I originally paid for my Oasis flights again (so I just make a manual payment for the other money I owe). Would anyboy recommend this? As long as I make it clear that the 1100GBP is in dispute and I refuse to pay it, then surely I would not be charged any interest on my credit card?

I would appreciate people's comments as this is really getting me down/angry.

twitch

HSBC never mentioned to me anything about having to wait until the travel dates had passed until I could be refunded my money. It's complete rubbish.

I received the money from HSBC for the original Oasis flights after about 3 weeks of arguing with them, and have recently been offered 50% of the extra money I claimed, to make up for the new air fares that I bought. Although I could argue that I am entitled to 100% of the extra money I paid for air tickets, I accepted the offer at the beginning of this week.

It does not seem likely that there is a final liquidation letter as yet. KPMG issued a press release last week that states it is still early to tell if any creditors will receive any of the money they are owed by Oasis.

You could write to them again, address it to the Internal Chargeback Department at the Southend-On-Sea addres, and also mark it FAO: Internal Chargeback Department. Tell them that your claim is not dependent on HSBC's claim to Oasis's bank, and that you now confirm that you want them to continue processing your claim. Also add a deadline for payment, and end it with something like "Otherwise I will take further action".

lucky88_2

Excalibur wrote: »

Since sending my completed Declaration (Claim form) along with a letter to HSBC back to their Disputes Chargebacks Department in SOUTHEND-ON-SEA, I have been phoned by their


HSBC is in breach of contract. Write them a final notice letter giving them 7 days to reply and pay up. Also tell them, if they dont pay up, you will begin legal proceedings in county courts also know as small claim court to recover your original fare, damages for rebooking and miscellaneous costs like court fees, postages etc. have proof of posting.
this cuts the 8 weeks the ombudsman needs before acting.

The courts will write to hsbc giving them 19 days to pay or contest your claim in court. The hearing will be a court near you not them.

I did this with John Lewis and they wrote back agreeing to reimburse me only 3 days after i had written such a letter.

See www.moneyclaimonline.gov.uk to start your claims with the courts. it will probably cost you £70 for your claim but it is all recoverable from your ccc.

moonrakerz

[SIZE=-1]"In a case reported in issue 21 of ombudsman news (case study 21/11), we awarded a customer £250 compensation for the inconvenience a firm caused by repeatedly, and incorrectly, telling him that it was only required to meet his claim if he first obtained a court judgment against the supplier.[/SIZE] [SIZE=-1]For section 75 to apply, certain conditions must be met. Most credit card purchases will be covered, but:[/SIZE]

• [SIZE=-1]the cash price of the goods or services must be more than £100 and not more than £30,000; and[/SIZE]
• [SIZE=-1]purchases are not covered if they are made by debit cards or by charge cards (where the monthly bill has to be settled in full).[/SIZE]

[SIZE=-1]However, credit card cheques are not covered because they can be made payable to anyone – not just to the suppliers appointed to accept the credit card.
[/SIZE] [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](my highlighting)[/SIZE][SIZE=-1]
[/SIZE]

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm[SIZE=-1]
[/SIZE]

amy_lam

Excalibur.. I faxed to HSBC yesterday the liquidators announcement from the OASIS website. I think that is what they are after, well that is what they told me they wanted. A response from KMPG.
So after faxing yesterday, i had to call again today to check on the situation. To find that they haven't even bothered checking their fax machine. They have to then spend ages scanning details in, before any further investigation. They've given a riduculous 2 weeks time period to sort it out all, and it has already been long enough. It seems to be that all the people at HSBC have no idea what they are talking about. It is so frustrating. I just have to wait for them to call back.
It would seem that it would be straight forward. But apparently not.