Oasis Liqiudation - Refunds / Chargebacks / FAQs

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  1. #211

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    Travel insurance is a completely different matter. But even then the Travel Insurance would, in my example, normally only refund GBP100, being the difference between what you paid Oasis to get home and the cost of the cheapest alternative.


  2. #212

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    There are credit cards with addition " added value " perks like insurance. I had a Barclays Business Visa card with such a mechanism and there are similar systems for ordinary retail customers.

    Pin has to look into that - unless he can come up with a torte that supports the claim.


  3. #213

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    Quote Originally Posted by PDLM:
    Eh?

    Let me make sure I got this right...

    Your parents paid Oasis, let's say GBP400 for a round trip. They took the outbound on Oasis and then couldn't take the return. The credit card company refunded the GBP200 for the return flight. Your parents then spent, say GBP300 on a return flight with someone else. And you want the credit card company to refund GBP300 as well?

    That's just ridiculous, and it isn't what English contract law says.
    Its pretty simple.

    English contract law states that if there is a breach of contract, the party must put you in a position had the contract been carried out.

    In this instance the contract was passage to Hong Kong and back on an airline (i.e. seat on a plane).

    Contract was broken because Oasis could not deliver return back to London. Fundamental of contract is performance, if performance does not occur breach, hence rectifying breach.

    Naturally Oasis is bankrupt, therefore can't carry out the contract.

    Section 75 of the Consumer Credit Act 1975 in the UK makes the credit card company jointly and severally liable with the service provider to carry out the terms of the contract.

    Joint and several liability mean you can take an action against either the service provider or the credit card company.

    As the service provider has gone bankrupt, there is no point taking an action against them, but as there is joint and several liability, you can take the action against the credit card company.

    I should also point out there is LOTS of case law on this and both the financial ombudsman in the uk and and the office of fair trading have confirmed this in their guidance to consumers.

    You may think its ridiculous, but its the law in the UK.

    Naturally one must mitigate their losses, i.e. find the cheapest fare, etc.

    In your example. Folks paid £400 and were forced to pay an extra £300.

    With charge back they would get £200 back (half of the cost, as they had gone one way). They would therefore be asking for another £100, not the full £300 (just covering their costs, not asking for anything more).
    Last edited by pin; 16-05-2008 at 11:50 AM.

  4. #214

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    I fear you are going to be disappointed. If what you say were true then you could also claim for any extra nights hotel stay, additional food and so on since the contract also stated a date for the carriage. Those are simply not covered by contract law. That is what Travel Insurance is for. If what you say were true then Travel Insurance would have no raison d'etre.

    You can claim against the credit card company for the breach of contract, not for any consequential costs.


  5. #215

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    Quote Originally Posted by PDLM:
    I fear you are going to be disappointed. If what you say were true then you could also claim for any extra nights hotel stay, additional food and so on since the contract also stated a date for the carriage. Those are simply not covered by contract law. That is what Travel Insurance is for. If what you say were true then Travel Insurance would have no raison d'etre.

    You can claim against the credit card company for the breach of contract, not for any consequential costs.
    I never said I would be claiming for consequential loss, just breach of contract (i.e. the extra £100), nothing more, nothing less.

    Why you think I will be disappointed, I am not sure.

    I should also point out I am an English lawyer, and am pretty well versed on consumer and contract law in England.

  6. #216

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    The acronym FILTH comes to mind...

    The GBP 100 is consequential - nothing to do with the contract you had on which you have already received a complete refund for the undelivered part.

    But do let us know how you get on...

    Last edited by PDLM; 16-05-2008 at 12:23 PM.

  7. #217

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    Quote Originally Posted by pin:
    I should also point out I am an English lawyer, and am pretty well versed on consumer and contract law in England.

    From what you have said and how you have said it before - I have difficulty in believing that.

    So - lay out to me your proceedure for getting your money through the smalls claims court. Lets see how skilled you are because you seem to feel its easy peasy !!

  8. #218

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    Quote Originally Posted by Boris:
    From what you have said and how you have said it before - I have difficulty in believing that.

    So - lay out to me your proceedure for getting your money through the smalls claims court. Lets see how skilled you are because you seem to feel its easy peasy !!
    To which do you doubt. If you PM me, I'll send you details of my legal history. I'm non practising in England now, but am still on the roll.

    As for making a claim, just go to:

    https://www.moneyclaim.gov.uk/csmco/index.jsp

  9. #219

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    PDLM One could say that the acronym applies to you and all the other expats in town too. Lets not use personal attacks please?


  10. #220

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    I guess I'd be a FILMLECBTTH


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