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    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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Using chargeback for flights?


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Hi everybody at CAG.

 

I booked flights (for September) a month/ 6 weeks ago through on the beach. Checked them several days ago and was unsure who the flights were with. After ringing them they confirmed Gold trial.

 

Now I understand flights only may not be ATOL protected so have rang my credit card company which is Nationwide. I now have a form to fill in and need to provide evidence of sale (receipt) and a liquidation document. I have looked on GT's website and there are several PDF's but I am not sure which one to use?!

 

Should I include a covering letter to outline other details of the sale?

 

Thanks for your time,

 

Chris

 

MODS: This has also been posted in another section. Please remove if this breaks CAG rules.

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You don't say what amount, and what card.

 

If flights only, there's no ATOL fund to call on, but who took the money, Goldtrail or On The Beach?

 

If the latter, they may be deemed a processor/intermediary and as they are not in liquidation, you may be referred to them.

 

If a Credit Card, you have Section 75 protection for amounts over £100 if you paid directly. If a Debit Card, you may be stuffed UNLESS it is Visa, which has a seperate customer satisfaction protection plan.

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£400 - flights to Turkey and back for me and my girlfriend. Nationwide credit card (visa).

 

Paid through onthebeach so I am guessing they act as the 'middle man'

 

Thanks for your previous replies. Chris

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Thanks again Buzby.

 

Would I need this refusal in writing? My only concern is the letter from nationwide needs returning within 2 weeks. What do I do if they agree minus administration fees ect?

 

Just checked the actual transaction and it was made on the 30th of May which is about 8 weeks ago. The payment was also taken in 2 transactions of £361 and £51.

 

Thanks Chris

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Do it by email to speed things up. Admin fees should not be an issue, you are seeking repayment not because you changed your mind, but because of their suppliers inabilioty to perform.

 

So remember, a s75 claim only works on a single transaction, they cannot be aggregated - so only the £351 is valid.

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Something along the lines of:

 

Onthebeach Refrence: xxx

 

 

I am requesting a full refund for flights I booked on (date) due to the liquidation of Gold Trail.

 

Any other info needed?

 

Chris

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Heck yes.

 

"The following undernoted transactions were debited by your company in respect of flights to be provided by GoldTrail (List flights/names)

 

Date of Card Debit - Reference - Description - Amount

ditto

 

The total amount I require in refund is £XXX.XX. I look forward to receiving this within 28 days by way of a credit to the same card provided for payment. ""

 

Then wait!

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bit concerned about this:

 

Where customers use a credit card to buy airline or other travel tickets from a travel agent, they cannot normally claim against the travel agent if the airline delays or cancels the flight. This is because the travel agent contracted to supply the ticket, not the flight. So the customer would not have a claim under section 75 either.

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Correct. This issue is based on the agent not providing the service as required by the customer. You need OTB to refuse you to allow the Visa assurance scheme to kick in. You'll not be alone in this, hence the delay!

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Thanks again.

 

Do I wait on replying to the bank? Currently at the 2 week limit by the banks dated letter although I have only had it for 1 week.

 

On the beach has also removed my account so no longer able to log in. Shall I ring them?

 

Chris

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Just off the phone to 'OTB' and this is what they say.

 

Flights only through them is protected via ATOL.

 

If I try to go through my credit card and they pull the money back from OTB, OTB will charge me or pass the bill on to me - or something along those lines... They were reluctant to give me a confirmation of no refund as she told me to go through ATOL.

 

What happens now?

 

Chris

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They're talking nonsense. ATOL only bond holidays (flights and accommodation). Shame you didn't get it in writing. Do a chargeback if you can. Sure they can pass a bill on to you - but for a service you never recieved? That's clever, I doubt they'll succeed if they try that in court!

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The lady on the phone put me on hold and asked an advisor who was "sorting all these GoldTrail problems out, so he should know!" :rolleyes: lol.

 

I will get this off to nationwide and let you know of the outcome.

 

You have been a great help Buzby.

 

Chris

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Just filling out my forms to the bank...

 

Is the merchant 'On the beach'?

 

Do I include a copy of the email I sent OTB requesting a refund? I can pen in that I have had no reply - near enough a refusal?

 

Chris

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There are two scenarios, in that (a) they are wilfully misleading customers as they don't want to be left with the debt as they own. (b) They're making it up as they haven't a clue.

 

I'm with (b) because saying flights only are bonded by ATOL is so wrong it isn't even funny.

 

Keep us posted!

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Just received an email:

 

Good Afternoon

Many thanks for your email.

As you flights were covered through the Atol scheme your refund will be provided by the Civil Aviation Authority (CAA). Further details of this process can be found on our website. We are not liable to refund the costs of your original flights.

If you have any other queries please do not hesitate to contact us.

Regards

Amber

 

Should I reply putting them right and telling them how I shall be proceding or just wait on the bank? Posted my chargeback paper work today.

 

Chris

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Hi Buzby. I can't seem to find the right part to copy from: http://www.caa.co.uk/default.aspx?catid=1080&pagetype=70

 

Reading through it all there seems to be no section that specificly says 'flights only are not covered'. It also quotes flights only will be covered if your flight company is ATOL protected and you had confirmation of this. I paid an extra £1.75pp for 'Total Finantial Protection' what ever this is?

 

Very confused, chris

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