Oasis airline in liquidation- what to do?

johnjohnstone

I forgot to ask:

1) Has anyone got their money back from MBNA?
2) Has anyone actually taken them to court?
3) Is there any legal requirement to have to wait for the "service" date until expecting a refund?

I thought that I would sit back and wait until my "service" date, but the more I read of other CC providers paying up, the more inclined I am to start proceeedings ...

NoGoldfish

FIA wrote: »

I wrote to Goldfish for a refund relatively later than most people did (2-3 weeks ago). In addition to the standard stuff, I also highlighted (i) the second notice KMPG issued on 14 May (ii) my willingness to give them back the refund if eventually Oasis has enough assets to compensate me and (iii) the research I did on the net e.g. this forum which indicated that many card companies have started to pay up.
It took them a week to acknowledge me, but when they did I was told immediately that they would give me back the money. My only dissatisfaction is that they could not issue me a cheque and insisted on putting the money back to my credit card account. After a bit over a week the money is finally there today.
I guess I had a smooth ride because (i) by the time I first wrote to them they had already fully understood the general situation and the number of people affected and (ii) the flight date has passed.
I wish those who are still waiting a happy ending. I believe that every credit card company will eventually pay up and it is just a matter of time.

For your information, if you phoned Goldfish once your account has been credited and ask them to send you a cheque, they will do it free of charge. There is a freephone number 0800 0286931 you can use for Goldfish instead of their usual number which will cost you.

happymum168

We were stranded in HK when the liquidation happened and we had to return via Paris by Cathay Pacific in April.
M&S did refund my unused part of Oasis tickets but I am still waiting to claim the extra cost ( CX + Eurostar ) to return to London. The Chargeback dept had all my details and receipts but she said I have to wait at least 55 days for the Mastercard to approve.
Do I have to wait ? I don't underatand why they don't refund the cost in one go as it all happened in April.

Goldbunion

johnjohnstone wrote: »

I forgot to ask:

1) Has anyone got their money back from MBNA?
2) Has anyone actually taken them to court?
3) Is there any legal requirement to have to wait for the "service" date until expecting a refund?

I thought that I would sit back and wait until my "service" date, but the more I read of other CC providers paying up, the more inclined I am to start proceeedings ...

Answers to the above:

1. Not anyone recorded on this thread anyway. MBNA appear to be the worst offenders.

2.Again, no one recorded on this thread.

3.According to Moonraker...OFT Vs LLyods TSB and others takes care of this one. Read back over thread ...apparently you dont have to wait for liquidation to see about the share of the spoils.

So MBNA are trailing thier coat. We are resident in Ireland and are waiting for this June date for MBNA to make thier decision and we will definely take them to court if its the wrong one.

But UK legislation and past case history would appear to put you in a better posistion if you live in the UK so you could def start instant proceedings because if this thread tells us anything MBNA - theyare the worst and will be last to pay out!!!!

johnjohnstone

Now here's a good one - I've just received a letter from MBNA, these are the best bits:

"We are able to assist you by making a claim for a refund against Oasis HK Airline's bank; however we are required, under Visa International regulations, to wait for the service date to elapse. Please contact us in July to allow us to initiate a claim.

Please note that Section 75 of the Consumer Credit Act does not provide an automatic entitlement to a refund where a customer has paid for goods or services using a credit card. A claim is only possible where either the supplier has breached the contract with the buyer or where the contract was induced by misrepresentation.

We review each case on its individual merits and determine our response based on the documentation and evidence submitted to us. We believe, as yet, no breach of contract has occurred.

Please consider this to be our final response. If you are still dissatisfied, you may refer your complaint back to the Financial Ombudsman Service, within 6 months of the date of this letter."

This makes me quite angry as:
1) Clearly bully-boy tactics
2) Whilst quoting Section 75, they omit to mention that they carry the risk as well
3) I never requested assistance with a claim against Oasis, my previous correspondence made it clear that I was claiming against MBNA
4) Other CC companies seem OK with providing refunds before the service date

OK, maybe (technically) there has been no breach of contract yet (my outbound flight date is 12th July), so I suppose that if miracles happen, Oasis are able to suddenly recruit air and ground staff, make their planes airworthy and offer flights to its affected customers (all in a month!), there is a very slight possibility that the contract could be honoured.

However, my plan is to write to them, restate that I am making a claim against MBNA and no-one else, and tell them that if Oasis have not provided the service, then unless they credit my account with the full claim (Oasis flights, plus differential BA costs), I will take them through the Small Claims Court.

How does that seem? Anyone got any views?

Oh - and I'll be cancelling my MBNA credit card the minute this is settled!

hammy_the_hammer

johnjohnstone wrote: »

Now here's a good one - I've just received a letter from MBNA, these are the best bits:

"We are able to assist you by making a claim for a refund against Oasis HK Airline's bank; however we are required, under Visa International regulations, to wait for the service date to elapse. Please contact us in July to allow us to initiate a claim.

Please note that Section 75 of the Consumer Credit Act does not provide an automatic entitlement to a refund where a customer has paid for goods or services using a credit card. A claim is only possible where either the supplier has breached the contract with the buyer or where the contract was induced by misrepresentation.

We review each case on its individual merits and determine our response based on the documentation and evidence submitted to us. We believe, as yet, no breach of contract has occurred.

Please consider this to be our final response. If you are still dissatisfied, you may refer your complaint back to the Financial Ombudsman Service, within 6 months of the date of this letter."

This makes me quite angry as:
1) Clearly bully-boy tactics
2) Whilst quoting Section 75, they omit to mention that they carry the risk as well
3) I never requested assistance with a claim against Oasis, my previous correspondence made it clear that I was claiming against MBNA
4) Other CC companies seem OK with providing refunds before the service date

OK, maybe (technically) there has been no breach of contract yet (my outbound flight date is 12th July), so I suppose that if miracles happen, Oasis are able to suddenly recruit air and ground staff, make their planes airworthy and offer flights to its affected customers (all in a month!), there is a very slight possibility that the contract could be honoured.

However, my plan is to write to them, restate that I am making a claim against MBNA and no-one else, and tell them that if Oasis have not provided the service, then unless they credit my account with the full claim (Oasis flights, plus differential BA costs), I will take them through the Small Claims Court.

How does that seem? Anyone got any views?

Oh - and I'll be cancelling my MBNA credit card the minute this is settled!

firstly due to joint liability you can just claim against MBNA.
i wish it was truly a 'given' (that some CC companies do) that you don't have a problem claiming back the fare difference as well from the CC company .....their attitude would soon change when you left your re-booking till the original flight date and then booked a fare on the day with a legacy carrier at a highly inflated rate ....they'd soon be telling you to minimise their liability by advance booking.
they know your flights aren't going to happen and i really can't see any scenario where a new company would want to honour them.
i have claims in due to Silverjet going into administration ...they reckon about 10000 people are affected . for simplicty the maths are 10K x 1K (fare)....so a new company would take an immediate hit of £10million.
it isn't going to happen

Excalibur_2

lucky88 wrote: »

For a few minutes to your time and first class postage, type a letter reminding them that as your ccc was in breach of contract, you are entitled to additional cost for repurchasing new tickets with another airline.

Many thanks for replying with more helpful advice, Lucky88. I'll certainly be writing to HSBC to claim for compensation including the extra tickets I had to buy etc. Would you suggest that I itemise and copy everything for them and give them a deadline to respond to or else I take them to court or report the matter to the Financial Ombudsman?

I received my refund from HSBC the other day, although they credited it to my credit card (without consulting me) despite taking the funds from my current account and have left me seriously overdrawn. I'll certainly be onto them next month to ensure that I'm not charged any interest for their incompetence. I think the lesson to learn is to cancel the direct debit with them so that they don't debit my current account until I have made a manual payment.

lucky88_2

Excalibur wrote: »

Many thanks for replying with more helpful advice, Lucky88. I'll certainly be writing to HSBC to claim for compensation including the extra tickets I had to buy etc. Would you suggest that I itemise and copy everything for them and give them a deadline to respond to or else I take them to court or report the matter to the Financial Ombudsman?

yes, write to them giving them 14 days to reply to your claim for compensation and if they dont want to pay say you will pursue the damages claim in county court but be polite about it since they have paid back your original ohk fare.
then it is upi to you to choose which route to go i.e. ombudsman or litigation in county court. at least it shows them your know your rights and you're serious since they have breached the contract with us under the CCA 1974.

i think your bank o/d is another matter. just go for the bigger amount. you can always call your ccc and transfer your credit back to your bank's current account. it isnt stucked there and you have to spend it. transfer it back.

counter_2

After reading this thread and following the great advice here I wrote to Goldfish requesting a refund on my CC card for flights booked in July. I received a phone call (no letter of reply) saying that they would be handling my claim only after the flight dates have passed. I said that this was unsatisfactory and that I was aware of similar claims being paid. They said that they had only paid claims where the flight date has passed.

Has anyone on here actually got a refund before their flight dates have passed? If so, what was the basis of your rebuttall against the flight date argument? I just wanted to check before trying a second letter, threatening court action as recommended elsewhere on this thread.

Many thanks to all the people on here for their advice.

FIA

Hi all,

Goldfish put the money back to my credit card account. Soon afterwards I received a letter from them and it says:

We can confirm that we have charged the transaction(s) you disputed back to the merchant and you shold see a credit for the amount on your next statement.

Please note that the merchant has 45 days to return the transaction(s) and we will advise you should this happen. In the event that we can take no further action, the credit amount will be reversed in accordance with Card Scheme rules and will appear on a future statement.

Please continue to make the minimum payment to your account until the matter has been resolved."

What does this mean?? My interpretation is that Goldfish will try to get the money back from Oasis, and if that is not successful, then they will take back the refund they made to me.

Have I interpreted the letter wrongly, or this letter is demonstrating that they are one very mean company?

Thanks.