Consequential losses

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Consequential losses

Postby gez45 » 22 Dec 2011 21:22

Hi, can anyone tell me if there is a time limit on claiming consequential losses back ?, even though we got our initial flight costs back from the credit card company in September we haven't yet booked replacements , so we wondered If we had left it too late to claim these back. Thanks for any advice you can give us.
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Re: Consequential losses

Postby ochlynda » 22 Dec 2011 22:54

We have been wondering the same re-booked our flights for July and have got the difference back.However haven't re-booked the flights we had booked for September yet. Have we left it to late to claim back the difference . Can anybody help with this.

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Re: Consequential losses

Postby dragon » 23 Dec 2011 10:51

The time limit is six years from your original booking. This is because it's covered by the Statute of Limitation Act which gives six years to make a claim from the date of purchase. I got this information from Consumer Direct which is a part of the Office for Fair Trading. I've always found them to be very helpful and their telephone number is 0845 4040506.
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Re: Consequential losses

Postby ochlynda » 23 Dec 2011 14:25

Thank you Dragon.

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Re: Consequential losses

Postby gez45 » 24 Dec 2011 19:51

dragon wrote:The time limit is six years from your original booking. This is because it's covered by the Statute of Limitation Act which gives six years to make a claim from the date of purchase. I got this information from Consumer Direct which is a part of the Office for Fair Trading. I've always found them to be very helpful and their telephone number is 0845 4040506.

Thanks dragon that's great to know,one last holiday with great priced flights, cheers. :D
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Re: Consequential losses

Postby goodlookinbill » 03 Jan 2012 15:08

Hi all.I booked for this year on my debit card have I got any chance.thanks for your help
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Re: Consequential losses

Postby stevew » 03 Jan 2012 22:45

Hi goodlookingbill,
I think all Debit cards now have the word Visa on them, so you could have the same protection, BUT check with your bank..... :wink:
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Re: Consequential losses

Postby dragon » 03 Jan 2012 23:13

goodlookinbill wrote:Hi all.I booked for this year on my debit card have I got any chance.thanks for your help

You're not covered by Section 75 of the Consumer Credit Act 1974 but you will be able to use chargeback. Unfortunately whilst Section 75 is a legal requirement chargeback isn't guaranteed but it's definitely worth a try. Have a look at http://www.moneysavingexpert.com/shoppi ... chargeback and http://www.which.co.uk/consumer-rights/ ... bit-cards/
When you write don't forget to put a date in by which you would expect a reply otherwise it could drag on for ages. They tend to take notice of this as it is held against them if you take them to the Financial Ombudsman and they've taken longer to reply. Hope this helps and good luck.
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Re: Consequential losses

Postby sunlover loch lomond » 10 Jan 2012 21:11

I am looking for some advice/guidance regarding paying my final account for my holiday. I paid the deposit by credit card and as we know there is a charge for this. If I pay the balance by debit card will I still be covered or should I pay by credit card and accept the charges? Any advise will be much appreciated.
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Re: Consequential losses

Postby dragon » 10 Jan 2012 21:36

Provided your deposit paid by a credit card is over £100 it doesn't matter how you pay the remainder. Martin Lewis's website says 'if you're buying something or ordering tickets or flights worth over £100, pay for some or all of it on the card to ensure you're protected. Though do keep your receipts as well as the credit card statement to make it easier.' Have a look at http://www.moneysavingexpert.com/shoppi ... -purchases.

The Consumer Credit Act covers credit cards but I read recently 'Buying flights via a debit card is slightly more complicated. If your current account was in its overdraft when you made the purchase, then technically it was bought on credit and is therefore covered by the Credit Act as long as the purchase is, again, over £100.' I read this on http://www.thisismoney.co.uk/money/holi ... -safe.html

Just though I'd include this extra information on debit cards :)
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Re: Consequential losses

Postby sunlover loch lomond » 10 Jan 2012 22:18

Hi Dragon
Many thanks for this very useful advice. I will pay with debit card and save myself a few pounds. Having the cover is all that matters these days in the light of what other forum members experienced last year.
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Re: Consequential losses

Postby dodge » 25 Jan 2012 18:53

have just received a phone call from Barclaycard they stated that under their interpretation of section 75 they are not liable for any consequential losses and therefore they will not be paying out for our two claims one of which has been going on for six months, will now try the financial ombudsman
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Re: Consequential losses

Postby smc4761 » 25 Jan 2012 20:02

Dodge

Dont give up and make sure you take this to the ombudsman. This is exactly the delaying tactics that some will try to hope you go away From what I understand if you go to ombudsman it cost the card company to defend their case, not sure how much.I hope that you also close your accout with them

there are many on here who paid by CC and have received payments, myself included

Good luck and let us know how you get on
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Re: Consequential losses

Postby dodge » 29 Jan 2012 16:11

Dear SMC4761 thank you for your post and support, we have received a letter of Barclaycard stating in their opinion they are not liable for consequential losses and this letter is their final response. We have to-day submitted two complaints to the Financial ombudsman for consequential losses for August 2011 & July 2012. It is a time consuming procedure & I feel that credit card companies deliberately delay in the hope you will give up.
fingers crossed
Cheers Dodge
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Re: Consequential losses

Postby kirky » 29 Jan 2012 19:15

hi dodge dont give up i got back £1700 in losses from barclaycard
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Re: Consequential losses

Postby dodge » 29 Jan 2012 19:30

Thanks Kirky hopefully we will get ours back
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Re: Consequential losses

Postby dragon » 31 Jan 2012 20:08

Hi Dodge
These are tactics to put you off. If they can put just 1% of claimants off then they can save a lot of money. You've done the right thing by referring it to the Ombudsman. Some would just give up after receiving a refusal letter.

I came across this advice when I made claims for consequential losses:
'Be prepared for the card company to resist paying. Most will automatically reject your first attempt - and even the second attempt - but you should persist with the claim. Threaten to take your claim to the Financial Ombudsman - who are a consumer friendly organisation - should you receive two letters of rejection. If this does not work, it is ALWAYS worth taking your claim to the Financial Ombudsman. Whilst this will not cost you anything, it will cost the card company £450 - which often encourages them to revise their view !'
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Re: Consequential losses

Postby dodge » 23 Jun 2012 10:33

Hi all have to-day received £932.46 consequential losses for our flights 2011/2012 after a long battle with Barclaycard (what a horrible company to deal with ) thank you for all your advice I can see why some people gave up but hey were happy today more money for efes & raki roll on 5 weeks today cant wait

cheers dodge :lol: :lol: :lol:
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Re: Consequential losses

Postby kirky » 23 Jun 2012 11:38

Nice one dodge I found barclaycard ok when I sent my claim £1700 I got back :D
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Re: Consequential losses

Postby dksbbs » 23 Jun 2012 14:06

dodge wrote:Hi all have to-day received £932.46 consequential losses for our flights 2011/2012 after a long battle with Barclaycard (what a horrible company to deal with ) thank you for all your advice I can see why some people gave up but hey were happy today more money for efes & raki roll on 5 weeks today cant wait

cheers dodge :lol: :lol: :lol:



Thats great news, I think the CC companies had a bit of a shock last year with Aegeanflights going bust as how to claim consequential losses spread around the internet quickly, if you look at previous failures this didn't happen.

I wouldn't be surprised if there are 1000's of customers still out there who have no idea about consequential losses.

There were three families in our holiday last year, I was with TSB, they paid up in 30 days with no arquments, One family was with the Halifax, they took about 6 weeks, the final family was with Capital One who took nearly 6 months.



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