Oasis airline in liquidation- what to do?

Squidsworth

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!

That's the exact letter that I got from MBNA - I agree with you re 'no breach of contract yet' as technically, it hasnt yet been breached and that makes me think twice of taking them to court as I'm sure their lawyers will be arguing on technical term. But I think the evidence for 'breach of contract' is mounting - it was announced last Friday that Oasis' flying licences have been revoked. So if somebody does come along and buy Oasis and for some stupid reasons, honour all the existing bookings - they still need to apply for the licence to fly again! And of course I'm also hoping some 'good' news from the Oasis court hearing this Wed. I'll wait till Wed before following up on MBNA's claim... but v annoying indeed...

happymum168

I have a similar response from M&S Mastercard . I was told by the chargeback team that they have to claim the refund under Matercard regulations ( not M&S??) and will not be resolved for a minimum 60 days.

They did refund the unused part of Oasis tickets and stated that it may be re-debited if Mastercard do not agree so.

I found the letter very confusing and I was told I cannot claim the extra cost to cover the return flight to London in April ( when liquidation happened ) until my first claim is successful.

I always wonder why they can't refund in one go ( Osais + extra cost ) ????? We were in HK when the liquidation happened and we travelled already.

lucky88_2

happymum168 wrote: »

I have a similar response from M&S Mastercard . I was told by the chargeback team that they have to claim the refund under Matercard regulations ( not M&S??) and will not be resolved for

It is very simple. Section 75 under the Consumer Credit Act 1974 is the only regulation, rules or what you call thats only matters. OHK email and announcement is evidence of a breach of contract which in turn makes your ccc in breach of contract to you.No need to wait for your flight date to pass.

Lord Walker in the house of lords says that the ccc should burden the "loss" as the bank has "broader shoulders" and they can take "sanctions" against the merchant. please see my past posts.

John Lewis also tried this Mastercard regulations excuse on me. I wrote back and said if you dont pay me back within 7 days i will pursue the claim in county court. And they wrote back in 3 days offering to pay me back.

you have to be firm with them or they will walk all over you.under the law they are liable to pay you back.why? it is because they are the one who provide you with the credit and thus are contractually bound to provide the services Ohk promised to you. so by cancelling the flight the contract is broken and the money should be returned back to you. It is simple contract law.

hammy_the_hammer

lucky88 well put

happymum168

lucky88 wrote: »

happymum168 wrote: »

I have a similar response from M&S Mastercard . I was told by the chargeback team that they have to claim the refund under Matercard regulations ( not M&S??) and will not be resolved for

It is very simple. Section 75 under the Consumer Credit Act 1974 is the only regulation, rules or what you call thats only matters. OHK email and announcement is evidence of a breach of contract which in turn makes your ccc in breach of contract to you.No need to wait for your flight date to pass.

Lord Walker in the house of lords says that the ccc should burden the "loss" as the bank has "broader shoulders" and they can take "sanctions" against the merchant. please see my past posts.

John Lewis also tried this Mastercard regulations excuse on me. I wrote back and said if you dont pay me back within 7 days i will pursue the claim in county court. And they wrote back in 3 days offering to pay me back.

you have to be firm with them or they will walk all over you.under the law they are liable to pay you back.why? it is because they are the one who provide you with the credit and thus are contractually bound to provide the services Ohk promised to you. so by cancelling the flight the contract is broken and the money should be returned back to you. It is simple contract law.

Thank you for the advise . You are a much stronger and well informed person than me. I will write another letter to M&S quoting what u mention.

bubbLez

Thank you for everyone on this forum
I successfully got back the monies I paid for Oasis as well as the difference for paying BA tickets

I used Moonrakerz's letter on page 4 to claim from Natwest Mastercard on April 30th - I paid £453.94 for x2 Oasis tickets then I paid £856 for x2 BA tickets (paid on my ccard too)

In the letter I stated that I haven't and will not claim from Oasis liquidators and that I want my £453.94 back as well as the loss of £402.06 for paying extra to BA

I received acknowledgement letter 2 weeks after I posted my letter registered from their CCard & Customer Services and a seperate letter from their Chargebacks & Disputes

CCard & Customer services said I must put a claim through Oasis liquidators according to the rules of "Mastercard International" but then another week passed and Chargebacks said they will compensate me my £402.06 (the difference between Oasis and BA tickets) as long as I sign their letter that I will not take this any further

On 29 May they credited my Mastercard acc with £402.06 and a week after they credited me £453.94

Therefore, in the end although Oasis has given me a lot of stress, I've ended paying £453.94 (which was what I already paid to Oasis) for my BA tickets thanks to you guys :cool:

GOOD LUCK AND DON'T GIVE UP!

NoGoldfish

counter wrote: »

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.

I had my refund & extra costs before my intended flight, do not waste your time talking to them on the phone, insist on all responses in writing. Take your complaint to the CEO of Barclays. Leave them in no doubt that you will initiate legal proceedings if they do not settle your claim. I had been quite confrontational in my dealing with them because I was very angry with their unreasonable tactics, but after they agreed to compensate, I thought perhaps I should have been less aggressive, but not any more, not after reading your column and FIA's. I am completely happy with my own outcome, and had signed a final settlement agreement with no futher implications. The final settlement contains gagging clauses, so I do not wish to go into details. Read carefully through this thread, some guys are giving out really good advice and are legally sound. Good Luck !!!

taburiente

Just back from Hong Kong and a telephone call from Beneficial visa to say that in addition to the recompense I received for my unfulfilled Oasis flight tickets, they have agreed to recompense me for the difference between them and the BA flight.

How good is that.

so keep at it lads and lasses.

lawrenson

Silverjet is back in business.

According to the BBC website, its honouring existing customer tickets.

Cheers,
karen

Squidsworth

"The brief life of Hong Kong's collapsed budget airline Oasis was formally ended on Wednesday after the city's High Court issued an order for it to be wound up, the company's liquidator said. ... "The nature of our job changes from one of engaging in preserving the assets of the company to one of distributing the assets to the stakeholders," he told AFP. ... Employees, passengers left with useless tickets and others believing they had a claim would now be invited to apply for compensation, Middleton said." - see http://www.channelnewsasia.com/stories/afp_asiapacific_business/view/353406/1/.html for details.

That means MBNA can't use the excuse that Oasis was only in provisional liquidation anymore. I'm now on the second round with MBNA... Good luck for those of you who used MBNA to book the tickets!