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How long to claim a refund through credit card company?

22 replies

CJ201 · 23/10/2019 22:02

DH and I plus DC's booked a holiday on DH's credit card and we travelled in May 2018. The holiday was horrendous, I and my DD, were injured in the hotel room ( shower door shattered on us, resulting in us both being injured). I tried to take legal action against the tour operator ( it was a package holiday) but they claimed it was a defect that they could not have detected and I got no compensation. I then tried approaching the tour operator directly to request a refund for the holiday but got told No, very unsympathetic. ABTA were hopeless, tour operator refused to engage with them so that was that!

I'm still incredibly angry and upset about what happened. I had to have counselling due to the shock of what occurred. Hotel and tour operator went on the defensive straight away and I've been hitting brick walks with it since the incident occurred.

Anyway, apologies for my rambling message but my question is: Can we try and claim a refund from DH's CC? I need to salvage something from this awful experience.

OP posts:
TheFlis12345 · 23/10/2019 22:08

Did you make any claim on your travel insurance?

CJ201 · 23/10/2019 22:11

I pursued my legal claim using my travel insurance, but I didn't actually ask them for a refund. I was in a such an emotional state at the time, plus the legal case rambled on for over a year that I didn't do it, should I have done?

OP posts:
WitchesGlove · 23/10/2019 22:12

How badly injured were you and your dad?

Sorry, but you do sound like you are making a huge drama out of all of this.

Teachermaths · 23/10/2019 22:14

Sounds like a nasty and traumatic accident. Move on with your life.

CJ201 · 23/10/2019 22:19

No I'm not making a huge drama out of it, a glass shower door shattered on me and my DD, injuring us both and requiring medical treatment. Completely spoilt the holiday.

OP posts:
WitchesGlove · 23/10/2019 22:22

What injuries did you have?

Teachermaths · 23/10/2019 22:23

But that could have happened anywhere. It sounds like a total fluke accident. How do you think the hotel are at fault at all?

Wtfdoipick · 23/10/2019 22:23

I believe you are out of time for doing a claim under section 75 on your credit card but you could ask them what the situation would be in these circumstances.

CJ201 · 23/10/2019 22:26

I'm not getting into specifics of my injuries with strangers online. I have asked a question which I hope someone can answer. If you have nothing helpful to add, then please F off of my thread.

OP posts:
Tyjaro75 · 23/10/2019 22:31

Wow

Ontheboardwalk · 23/10/2019 22:34

Nice.

CJ201 surely you would think that people would ask you questions about the situation to give advice?

BopToTheTop · 23/10/2019 22:35

No wonder you have got nowhere with that attitude

Anyway it sounds like an unfortunate accident that could happen to anyone with any shower screen so I’d be surprised if you’d be able to get anything back, it may be time to move on with life

CJ201 · 23/10/2019 22:37

There's no need for the nosiness or the judgement on how I 'should' have reacted to what happened. I have asked a question and hope someone can answer.

What's with the 'wow'???

OP posts:
Tyjaro75 · 23/10/2019 22:38

The wow is in relation to how rude you are being.

Teachermaths · 23/10/2019 22:39

You have told people to F off, no wonder you got a wow. You're rude.

What exactly would you be claiming for on your credit card? You still had the holiday, the goods and services were provided.

CJ201 · 23/10/2019 22:39

I'm not being rude, I just want my question answered.

OP posts:
Teachermaths · 23/10/2019 22:41

Hmm Telling people to F off is clearly the height of politeness...

userxx · 23/10/2019 22:42

No I don't think you can claim a refund. It's one of those unfortunate things.

snappedandsharted · 23/10/2019 22:42

I'm not sure you could claim on your credit card for a holiday you've already had, I thought it was more when eg Thomas cook went bust and you had not yet gone.

YummyBelicious · 23/10/2019 22:42

You can only claim on cc if goods or services were not received, so think it will be insurance claim, or personal injury type company

Elementalillusions · 24/10/2019 07:55

No you cannot claim a refund via your credit card, that can only be done under specific circumstances such as the item you purchased is not received or faulty or a holiday is canceled etc.
It’s intended as a form of protection not insurance.

You had the holiday you purchased, you want a refund based on a complaint because you are not happy and you did not enjoy the holiday, trying to claim a charge back on your credit card it not the right course of action.
that’s something you need to pursue the holiday company for or make a claim against your insurance for.
You need to speak to your insurance company about legal cover included in your policy and use that cover to instruct a solicitor to go after the holiday coming for compensation.

I’m sorry you had an accident on holiday, you are probably entitled to some compensation regarding the accident but you are not automatically entitled to a refund because you feel the holiday was ruined because of it, it’s something you will more than likely need to take them to court over and if your insurance doesn’t cover it, it could end up being a costly pursuit.

MarieG10 · 24/10/2019 08:11

It is not a matter fr your credit card company. Your only recourse is to issue a claim against the package operator in the small claims court. You have to outline what you are claiming, for example financial loss you suffered as a result, but crucially you will have to identify why the package operator has been negligent...for example have they had similar complaints before and not acted, or do they never check the property. There are some solicitors that do take no win no fee claims but they seem to prefer group actions, ie when groups of people are claiming together which makes it a larger claim.

If you do pursue, my advice would be to curb the attitude as a Judge will not appreciate it and won't help your cause.

You have 6 years to make a claim but the sooner the better

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