Oasis airline in liquidation- what to do?

Goldbunion

Refunded at last on friday by MBNA. However we decided at the time to no longer go ahead with our Holiday to China in October. Perhaps Oasis collapse was a bad omen.!!! So we wont be looking for extra costs. MBNA really did seem to be the worst in refunding.

Thanks to everyone is this thread for all the brillant info and good luck in looking for extra costs.:beer:

johnjohnstone

Well, I finally got both my Oasis charges refunded by MBNA - only the claim for the difference in the cost of flights to go ...

moonrakerz

pin wrote: »

Also the Financial Ombudsman has said that additional costs are not included.

From Financial Ombudsman web site:

[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] (my highlighting)

lucky88_2

In my last post I mentioned that I had written to JL for reimbusement of additional costs which was posted on saturday.

Got a phone call from them today, wednesday, saying that my account will be credited for the additional cost for rebooking my Oasis flights on another airline.

So, both LLoyds TSB and John Lewis has refunded our original tickets and paid for additional cost for rebooking.

I am all done now, but I do encourage everyone to pursue your ccc and dont give up at their refusal. If you keep telling them they are wrong and give them your awareness of the law i.e. s.75 and the supply of goods act 1982, they will know you know and will pay you back.


Thanks for all the thanks and good luck for those who are still battling with their ccc.

lucky88_2

I urge any one who are thankful that their credit card company had refunded their Oasis HK tickets and left it at that. The ccc dont mention that you can claim for additional costs - because they dont want to pay it.

I was turned down twice by one of my ccc for additional cost.I kept wrtiting back to claim and quoted the basis to which my claim was based on i.e.Supply of Goods Act 1982 and asked them to review their decision. Once I quoted the relevant legal basis to support my claim they changed their minds and agreed to pay.

So please write a brief and simple but polite letter with supporting eveidence of the new tickets. Get what you are entitled to under English law!!

lawrenson

Hi,

just got our original Silverjet ticket price back from our Egg Credit Card. :j
Or we will have in 5 working days anyhow!

They are "considering" our claim for extra costs, but we'll persist!

Cheers,
Karen

pin

thanks for the help guys, esp on the sale and supply of goods act.

have drafted a response to my parents ccc, and will let you know the response from them (btw its post office).

johnjohnstone

I've just received a letter from MBNA today saying that they will credit my account with the difference between the cost of my Oasis flights and the BA flights that I replaced them with! This is in addition to the refunds that I received a couple of weeks ago. Happy days. I'm actually off to Hong Kong today, what a coincidence ...

Many thanks again to all who provided excellent advice and encouragement. I've learned that, in cases like this that persistence and sheer bloody-mindedness can pay off. Getting the Financial Ombudsman involved, and quoting the CCA 1974, Section 75 and the Supply of Goods and Services Act 1982 seems to have done the trick.

Good luck to all others who are still claiming ...

win_586

Still fighting with Barclaycard visa.
Back in January I bought 2 return tickets with Oasis HK for my 2 children. In April as soon as Oasis went into liquidation I purchased new tickets from Cathay Pacific, costing an extra £300 from the original.
I followed all the advice given on this thread. Special thanks to Moonrakerz for your template letter quoting Consumer Credit Act 1974 sec 75, equal liability, and claiming for all losses, ie, the extra cost of tickets from original.

I filled out Barclaycards claim form which took two weeks to arrive, and provided all evidence as requested.

In May, Barclaycard wrote back telling me to contact Oasis liquidators. I then wrote back to them again repeating my first letter, especially that I would be claiming for breach of contract from Barclaycard only, and also giving them 14 days to settle my claim in full otherwise I would start legal proceedings against them. Not a whisper from them.

Mid June I issued a County Court Claim against Barclays Bank plc for breach of contract. They soon issued an Acknowledgement to the Court which in turn gave them 28 days to file a defence. A solicitor from Barclays indicated that they would be defending all of the claim in full!!
:mad:
What a shock.

Two weeks past and I got a lengthy final offer letter from Barclays (they have until 21 July to apply their defence to court), only offering the original cost of the tickets. 'strictly without admission of liability'
'your claim for damages lacks legal merit and they will not succeed. In particular it is not accepted that you suffered any consequences of the alleged breach of contract'

A gagging order was also a condition of their offer. They gave me 7 days to sign.

I am taking this letter from their solicitor as indication that they don't recognise the above Consumer Credit Act!! I won't let off any sarcasm here,
but am trying to keep very calm about their final response, and wait until after 21st July for their defence to the court.

Should't they have sent this letter well before my court action and after there delaying letters ??

I had also asked my local Citizen Advice office and Office of Fair Trading on the above Act, but they couldn't help because the bank's solicitor was involved and their defence may be a 'technical' one, and was best that I asked a solicitor.

I still have faith in all the advice given on this thread and will plod on...and keep you all updated.
Any feedback from the above much appreciated.

lucky88_2

win_586 wrote: »

Still fighting with Barclaycard visa.
Back in January I bought 2 return tickets with Oasis HK for my 2 children. In April as soon as Oasis went into liquidation I purchased new tickets from Cathay Pacific, costing an extra £300 from the original.
I followed all the advice given on this thread. Special thanks to


John Lewis had the same view as barclaycard, at first. They both agree that a refund is due to you under s.75 and under s.75 you have suffered no further loss and so like bc, john lewis believe you are not entitled to any damages under this s.75. i believe a few others were given the same advise by the ombudsman.

any good lawyer will advise litigaters if you can help it dont go to court.

by accepting their offer doesnt negate you from claiming under supply of goods act of 1982.

john lewis in 2 letters told me that i wasnt entitled to any damages i.e. additional cost of rebooking and they said their obligation has ceased once i was refunded the original oasis fare.
yes, under s.75 that is true.

but, thru other postees, i wrote back to them and said that under the 1982 supply of goods act and told john lewis that under the 1982 act they were contractually obligated to put me back to the original position of the contract between me and oasis.

be careful, think it thru and you can always go back to court but under the right course i.e claim under 1982 supply of goods act.

read the bbc link below and get a better feel for your direction.
dont use s.75 for compensation.

so, after changing my basis of my damages claim from s.75 to 1982 act, john lewis agreed to pay up.

http://www.bbc.co.uk/consumer/guides...w_supply.shtml

all the best!