Oasis airline in liquidation- what to do?

LevDaFish

lilyto3000 wrote: »

I read your information above and called Halifax 2 hours ago. They said Visa Debit Card was not covered. I did mention the Telegraph website but the staff insisted that's only for credit card. I will call the Complaints number/Customer relation number tomorrow. But I closed the bank account with them in January this year. I still have the statement and all the account information though... I will persist. Thank you for your advice.

No worries. Good luck with them. As they paid me back I don't see why you shouldn't get your money back, surely they have set some kind of precedent?? (Not legally minded though so I don't know for certain)

moonrakerz

I have had several PMs, asking for copies of my letter, regarding my successful claim against my credit card issuer for the additional costs I incurred following the failure of Maxjet.

It is probably easier for all if I post the outline of my letter, then people can "tweak" it to suit their particular circumstances.


"I understand, from the Financial Ombudsman Service, that my claim against you, under Sect 75 of The Consumer Credit Act 1974, is not limited solely to the amount of the credit card transaction referred to above, in that I am entitled to claim for all losses in incurred as a result of this breach of contract.
In English Law the general rule on the quantification of damages, is that they should put the injured party in the same position as he would have been in but for the breach of contract.
This contract was for two one-way Business Class air travel tickets from London to Los Angeles on ** ****** ****. My actual loss is therefore, two business class air tickets to Los Angeles, not just the fare that I contracted to pay MAXjet/MorganStanley for these two tickets.


Since I received notification from MAXjet of their bankruptcy, I have managed to re-arrange Business Class seats on British Airways on the same date for a fare of £1998.

I would therefore be grateful if you could inform me as to how you intend to reimburse me for the additional cost of the BA tickets, ie: £971.24.


I will, of course, be willing to provide you with copies of all the documentation showing correspondence and transactions to place me in the same position I would have been if MAXjet had not gone into bankruptcy.
Yours Faithfully,"

I did have one very silly telephone conversation with some one who obviously had no idea about the CCA - they do now !
Also, one letter from the card issuer asking me to supply details of Maxjet's ABTA/IATA bonding - I wrote back and said that this was totally irrelevant to my claim and that the Financial Ombudsman had previously made card issuers pay compensation to customers for delaying their quite justified claims with tactics like this.

I would suggest that people do read up on the CCA Sect 75 and also have a look at the Financial Ombudsman site before "putting pen to paper" as all cases may not be as simple as mine was - such as booking through a third party etc, etc.

In general I was pretty happy with the response I got from Morgan Stanley/Goldfish - much better that some of the tales I have seen on this site with other card companies.

leedseagle

I paid for mine using an MBNA VISA card on March 12, to fly in August. I have just contacted MBNA who said the company needed to be registered with ABTA, but was not.
Is there anything else I can do to see my money again?

moonrakerz

leedseagle wrote: »

I paid for mine using an MBNA VISA card on March 12, to fly in August. I have just contacted MBNA who said the company needed to be registered with ABTA, but was not.
Is there anything else I can do to see my money again?

If you paid with a Credit card - they are either extremely ill-informed or lying - tell them that !
Read my post above.

leedseagle

moonrakerz wrote: »

If you paid with a Credit card - they are either extremely ill-informed or lying - tell them that !
Read my post above.

it was indeed a credit card.
so do you recommend i phone them back now and try to lean on them, saying they are equally liable?
as i understand it the contract is between the credit card company and the airline - is that right? and so the credit card has my money illegally as i will not be receiving the goods?
is it best to write to them rather than over the phone?

bushbrother

Donnie wrote: »

Maybe you should have booked with Cathay Pacific then. :rolleyes:

I would have, but some of us cannot afford it ...

leedseagle

just tried again and they said nothing could happen until the date had passed, which i pointed out was ludicrous as i need to make alternate arrangements, or until i had written evidence my flight would not fly as there was a chance the airline would be bought out. how do i get that if the airline doesn't even exist anymore!

bubbLez

I'm on the same boat as you guys, booked x2 tickets for Aug which i booked from last year! I paid by my student Natwest Mastercard. I've read about the CCA 1974 section 75 and I was about to call Natwest but just saw this on Oasis's website

"For the unused portion of confirmed bookings with Oasis, passengers may register their claims by submitting the "Registration of Claims for Refund" Form and send to KPMG on fax number (+852) 3628 9170."

On the form it says:

"Once this form is completed and signed, please send it together with a copy of the myOasis Itinerary Confirmation and any other supporting documents as soon as possible to:

Oasis Hong Kong Airlines Limited
Provisional Liquidators Appointed

Fax +852 3628 9170

Email claims@oasishongkong.com"

So do I still speak to Natwest or fill out this form or both?

thanks in advance

leedseagle

bubblez - go through the bank instead. the oasis claim will get you, if anything, a few pence per pound spend - virtually nothing. you'll be at the end of a long list of creditors

leesedh

I'm doing both, trying to cover my back. I paid with a Halifax visa debit. The woman I spoke with at the Halifax was very friendly, took down the details and said that they should be able to claim the money back. We'll see...I'm skeptical and won't be happy until I see the money! I think my main stumbling block will be that I booked in August last year to take advantage of Oasis special offer (no wonder they went bust!!). That's well outside the 60 day limit I've heard people talking about.