Monarch Airlines stops trading - latest info and your rights

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  • N4t4lie
    N4t4lie Posts: 197 Forumite
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    No, I paid £200.00 for two return flights. I want to know what the Section 75 threshold is. Is £100.00 covered, or does it have to be £100.01?

    Also depends if they treat it as a return flight for £100 or out flight a 'x' plus return at 'y' equalling £100. It is indeed a grey area.

    I'd say if they saw £100 then it would be covered as that would really be splitting hairs. Do remember that you can use chargeback if they won't do a S75 claim.
  • Acemoneysaver17
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    Hi Tesco credit card now have an phone message asking customers to email disputes@tesco.com and including customer details, am I best to follow this process to reclaim back the cost of my package holiday
    or should I keep chasing ATOL?
    or should I fill in the MSE section 75 form for the whole package and send this to Tesco?

    This was our first package holiday in years and I shall not be booking another one!
  • IAmWales
    IAmWales Posts: 2,024 Forumite
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    No, I paid £200.00 for two return flights. I want to know what the Section 75 threshold is. Is £100.00 covered, or does it have to be £100.01?

    Strictly speaking it needs to be more than £100, so £100.01. The CCA states:
    Subsection (1) does not apply to a claim—
    ...
    (b)so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000

    A claim not exceeding £100 would not be covered.

    You should still contact your bank, as they may be less strict in their interpretation.
  • JT_Halifax
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    Hi Tesco credit card now have an phone message asking customers to email disputes@tesco.com and including customer details, am I best to follow this process to reclaim back the cost of my package holiday
    or should I keep chasing ATOL?
    or should I fill in the MSE section 75 form for the whole package and send this to Tesco?

    This was our first package holiday in years and I shall not be booking another one!

    My suggestion is to see if the caa amend the credit card element of their advise for package holidays booked direct with monarch on credit card, as it has only been a day since they added it. I was advised by Sainsbury's bank to wait for any changes as their current policy was to deal with non atol protected claims.
  • bagand96
    bagand96 Posts: 6,102 Forumite
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    Credit Card vs. ATOL

    I'm sure this has come up before when LowCostHolidays went under, as well as others before it. CAA have issued the same advice in previous bankruptcies, that those who paid on credit card should go to their credit card provider for a Section 75 claim, even if they'd booked an ATOL protected trip with Monarch.

    It could do with clarifying though as obviously credit card companies and CAA are telling people to go to the other. No expert on the matter, but Section 75 is UK law, your card issuer is jointly liable with the vendor. They may try and dodge that or get out of it, but surely they are liable.

    One thing I do think, Section 75 will be the faster way to get your money back. ATOL claims will take months, when XL went under it took upwards of 6-8 months for some poeple to get their refund.
  • N4t4lie
    N4t4lie Posts: 197 Forumite
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    Hi Tesco credit card now have an phone message asking customers to email disputes@tesco.com and including customer details, am I best to follow this process to reclaim back the cost of my package holiday
    or should I keep chasing ATOL?
    or should I fill in the MSE section 75 form for the whole package and send this to Tesco?

    This was our first package holiday in years and I shall not be booking another one!

    Who did you book the package through? If it was direct with Monarch then it looks like forms will be sent out next week to make a claim. However, the CAA web page seems to be encouraging people to go to the card provider. Clear as mud.

    It it was via another intermediary they should give a refund to you or provide you with an alternative if they can.

    In the end, pick one way to get a refund, they do cross reference and you may think your are hedging, but they may view it as fraud.

    As you purchased a package I'd say whoever is on the ATOL certificate is responsible first, but if that fails then knowing Tesco will give you a full refund using chargeback.
  • N4t4lie
    N4t4lie Posts: 197 Forumite
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    bagand96 wrote: »
    Credit Card vs. ATOL

    I'm sure this has come up before when LowCostHolidays went under, as well as others before it. CAA have issued the same advice in previous bankruptcies, that those who paid on credit card should go to their credit card provider for a Section 75 claim, even if they'd booked an ATOL protected trip with Monarch.

    It could do with clarifying though as obviously credit card companies and CAA are telling people to go to the other. No expert on the matter, but Section 75 is UK law, your card issuer is jointly liable with the vendor. They may try and dodge that or get out of it, but surely they are liable.

    One thing I do think, Section 75 will be the faster way to get your money back. ATOL claims will take months, when XL went under it took upwards of 6-8 months for some poeple to get their refund.

    In the case of LCH there was no ATOL cover, a lot of us were very surprised to get a refund and find out we were so well protected. Many however did not get refunds, especially those that paid with bank transfers and ATOL will cover those in this instance who booked packages.

    A fair point re claiming through ATOL and the timescale though I had no idea it took so long.

    It should also be noted that when using chargeback it is standard to make the payment with a caveat that it can be taken back in up to 100 days so maybe S75 is better?
  • carolec
    carolec Posts: 50 Forumite
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    I didn't get any response to my original post so I am reposting in the hope that someone can help.

    I booked flights back in January for travel in December for myself and my husband. At the time it was cheaper to book the flights separately rather than on a joint booking. Both flights were over £100 and both were paid for using a credit card in my name.

    I know I will be able to claim under Sect 75 for my booking but I am unsure if I can claim for my husband. If I can, do I make one claim for the total amount or do I do 2 separate claims? Or does my husband have to make his own claim even though his flight was paid for using my card? I'm so confused ��.

    Also, I have now booked alternative flights but at a considerable higher price than the original Monarch ones. Can I claim for the difference?

    Thanks in advance for any help that is provided.
  • Acemoneysaver17
    Acemoneysaver17 Posts: 13 Forumite
    First Anniversary First Post
    edited 4 October 2017 at 7:03PM
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    Hi N4t4lie we booked direct with Monarch Holidays using Tesco Credit card and have the ATOL certificate.

    I just feel as though we are being sent on a wild goose chase by ATOL.

    Just want to do this as simply as possible- is Section 75 the best bet?

    Thank you for your help - it's much appreciated!
  • silvercar
    silvercar Posts: 46,960 Ambassador
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    I know I will be able to claim under Sect 75 for my booking but I am unsure if I can claim for my husband. If I can, do I make one claim for the total amount or do I do 2 separate claims? Or does my husband have to make his own claim even though his flight was paid for using my card? I'm so confused ��.

    Your credit card, your claim. You are claiming because what you paid has not been provided and the CC company is jointly liable. You paid for 2 seats on a flight and neither have been provided. You bought them so you claim.

    (It is confusing because delayed flight compensation is the opposite ie the person delayed receives the compensation.)

    Also, I have now booked alternative flights but at a considerable higher price than the original Monarch ones. Can I claim for the difference?

    No. There is no compensation for you choosing to book an alternative rather than just receiving a refund.
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