Oasis airline in liquidation- what to do?

MoneysavingQ

lucky88 wrote: »

win_586 wrote: »

Still fighting with Barclaycard visa.
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.

Hi Lucky88 - would you be able to help with a template letter regarding the change of claim from S75 to Sale of Goods Act 1982? I've just written to Barclaycard for the additional costs this morning but I quoted the claim under S75...so not sure whether I will be successful...any help will be most welcome!!! Or should I just wait for them to come back first??

lucky88_2

MoneysavingQ wrote: »

[quote=lucky88;
Hi Lucky88 - would you be able to help with a template letter regarding the change of claim from S75 to Sale of Goods Act 1982? I've just written to


This is what i wrote to my ccc who refused twice to pay compensation and then i changed tack, thanks to other posters on this site.dont wait, follow up with another letter as the latest one counts.

it will depend on your ccc but it seems to work on mine.


Merchant: oasis hong kong airlines.

I appreciate that under s.75 of the CCA of 1974 that you have fulfill your obligations, to which i thank you.

However, under the Supply of Goods Act of 1982, I would not only be entitled to a refund, which you have met, but the 1982 Act allows me to claim reimbursement for reasonable and prove-able out-of-pocket expense incurred; this additional cost i have provided.

I encourage you to reconsider your original decision not to pay for my damages because under english law. the trader which is your company/bank should put me in the same position as i would have been before but for oasis insolvency.


etc,etc......

it seems simple but it worked.
chop and change as you like.

good luck!!

lawrenson

Hi,

just heard - we are getting back the difference between our Silverjet tickets and BA Club Class, from Egg MasterCard!! :j
We already have the cost of the tickets.

Thanks to everyone on here who offered advice and tips - before I checked here I didn't know I could claim at all, let alone how to!

Cheers,
Karen

Squidsworth

Hi - just to let you all know that I've got the money for the original Oasis tickets plus the extra losses back from MBNA. Thanks for all your advice and good luck to those that are still engaging in the process!

pin

Just want to say thanks for all the help on the board in terms of recovering the cost of extra fares to get my parents back to the UK. Post Office CC have now agreed to pay back this cost.

For anyone interested, this is the email we sent to them:

"Dear XXXX Many thanks for your help and assistance in this matter.

We have looked into this matter, and under the Consumer Credit Act 1974, the credit card company has equal liability with the provider, in this instance Oasis. As you are aware, this means we can bring a claim against either Oasis or yourselves for breach of contract.

When there has been a breach of contract, according to the Financial Ombudsman this would mean "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". This means we can claim for all losses to put us back into the position had the contract been carried out, i.e. flying back to the UK .
Further, I should point out that the credit card company has liability under the Sale and Supply of Goods Act 1982 (the “1982 Act”), as Oasis is in breach of contract for not providing the full service that we had paid for (return flights from the UK to Hong Kong and back to the UK again). The 1982 Act states that we can claim reimbursements for reasonable and prove-able out-of-pocket expenses incurred as a result of the breach of contract; i.e. compensation for the difference in cost between the original and replacement flights we have had to purchase. Any breach of contract should be rectified within a reasonable time, and with minimal inconvenience to ourselves.
Please note in us choosing to fly XX back, we did mitigate out losses, by trying to find the cheapest airline to fly back with and we also flew back later, to avoid any extra cost (as flights on earlier dates around the time of our original departure with Oasis were much more expensive.
Based on the above, we would expect the credit card company, which has equal liability with Oasis, to reimburse us for our XX flights.
Please can you get back to me within seven working days, otherwise we will have to take the matter further.
Kind regards
Mr and Mrs XXXX"

happy99_2

just like to say thanks to everyone on the board by giving me advice how to claim back the oasis airfares plus the difference for the new fares, after three months waited, I have got all the money back from Halifax CC. So if you don't get your money back yet please don't give up, be persistent (involving the ombudsman if necessary), you'll get your money back plus the extras in the end. Cheers!:beer:

bendabomb

It took 3 months and 5 days, but I have finally got Nationwide to refund the difference between the Oasis fare and the replacement tickets.
A special thank you to Moonrakerz :beer: whose postings have been especially useful.
If anyone else is still waiting keep plugging away.

sonoi100

Finally, after nearly 4 months of waiting, i have finally got a refund for my air tickets from MS/Goldfish......waited long enough........ they would only process it after the flight dates has passed.

Special thanks to everyone here who help us all. Those of you still waiting for refund, keep it up!

Thanks

furq

Anyone know if there's a time limit on claiming?

Booked on a MNBA card on 20/08/2007. Oasis went bust on 09/04/2008.

Also, should I write to MNBA or phone?

jonesMUFCforever

furq wrote: »

Anyone know if there's a time limit on claiming?

Booked on a MNBA card on 20/08/2007. Oasis went bust on 09/04/2008.

Also, should I write to MNBA or phone?

When was your flight?
I don't know specifically what rules MBNA have in place but as a general indication you would have had up to 90 days after your flight (or not) to make a claim.

I would phone them up in the first instance.