CCA 1974 s75 - advice please

[Letterwriter]

http://www.consumeractiongroup.co.uk/forum/holiday-companies/114208-goldtrail-advice-sought-re.html

 

 

Apologies for linking to an old thread of mine (posted on the holiday forum) but, as described in my recent post, the issues have changed slightly. Following my successfully obtaining a refund under s75, the travel agent is now asking for the money from me.

 

What can I (legally) tell them?

 

Conscious that I could be on marginal ground since the refund was obtained from the agent (not the operator). I think CCA 74 still applies. Even though the hotel room related breach of contract may have been committed by the operator, the agent (I believe) misrepresented - also covered by s75?

 

Any help much appreciated

[saintly_1]

Sorry your post has gone unanswered but I'm sure someone will be along soon who can advise you

 

 

 

saint

[Weird Al Yankovic]

http://www.consumeractiongroup.co.uk/forum/holiday-companies/114208-goldtrail-advice-sought-re.html

 

 

Apologies for linking to an old thread of mine (posted on the holiday forum) but, as described in my recent post, the issues have changed slightly. Following my successfully obtaining a refund under s75, the travel agent is now asking for the money from me.

 

What can I (legally) tell them?

 

Conscious that I could be on marginal ground since the refund was obtained from the agent (not the operator). I think CCA 74 still applies. Even though the hotel room related breach of contract may have been committed by the operator, the agent (I believe) misrepresented - also covered by s75?

 

Any help much appreciated

 

This is confusing.

 

Your other thread says you obtained your refund from the CCC but here you say you actually got the refund from the travel agent and now that same travel agent is now asking for the money that you seem to have said they refunded anyway!!

 

[Letterwriter]

My apologies for any confusion.

 

A refund for the entire cost of the package holiday was booked to my credit card by the credit card company. It would appear that (to balance the books) the card company debited the travel agent's (the merchant's) account by the same amount. Hence the agent is now out of pocket for the cost of the holiday and is seeking payment from me.

 

Hope this clarifies and any help appreciated

[Hobbie]

What has the agent exactly said to you to request money, have you received any letters? If so are you able to scan them or type the contents?

 

As I understand it, you paid for a holiday to Turkey, arrived at destination was unhappy with the holiday, returned home and made your dissatisfaction known to the agent, the agents failed to respond to your letters. (Correct me if of course I'm misunderstanding it). After several weeks, still no luck with the agents, so you approch your credit card company, credit card company takes your side, and issues a refund to your account, by reclaiming the money back from the agents merchant account?

 

So you've had a holiday for free? albeit a holiday you didn't enjoy? but if the agents refused to enter into communication with you, its there own fault.

 

I think we need to know what the agents have exactly sent you, and if you've had any acknowledgement from them since your original complaint.

[Letterwriter]

Responses from other parties:

 

Agent:

 

Letter 1) Stated that they had forwarded my letter to tour operator

Letter 2) Forwarded tour operator's response to me (letter 3 below)

 

Operator:

 

Letters 1 & 2: Standard apology letters appreciating my 'feedback'

Letters 3 (fwded by agent): Jist as follows: "According to the manager of the hotel, all bathrooms had been cleaned and inspected", "We are sorry you were dissatisfied", Ends. No mention of refund,compensation etc

 

Credit card company:

 

- In first instance matter discussed over the phone then I forwarded my letters and agents/operators (unconstructive) responses to them. Letter received from CCC (Oct 2007):

 

"We can confirm that we have charged the transaction you disputed back to the merchant and you should see a credit for the amount on your next statement. Please note that the merchant has 45 days to return the transactions. In the event that we can take no further action, the credit amount will be reversed in accordance with the Card Scheme rules and wil appear on a future statement."

 

 

Now I reflect on this, it worries me that they seem to have just recharged the merchant rather than invoked s75. There is now mention of s75. At the time, I was aware of CCC's being liable for faulty goods etc (what I now know to be s75) and this is what I had in mind when I contacted them.

 

 

Agents recent letter (May 08 - ie nearly 9 mths after chargeback):

"We have been informed by your card issuing company that payment for your holiday has, at your request, been reimbursed to you...Provide us with an alternative form of payment to cover this debt within 7 days"

 

 

Its all a bit messy. Wonder whether I should:

- Write to CCC informing them of developments and my assumption that s75 was invoked and so dispute lies between them and agent

- Write to agent saying its my u/s that the refund was obtained under s75 and so they should contact the CCC for payment if they believe it due

[Letterwriter]

Going to write to CCC in the meantime to see if it was actually a s75 refund