Covid19: LH and Credit Card - Disputes/Chargebacks

Old Sep 3, 2020, 7:22 am
  #136  
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AMEX is telling the customer that refund procedure has already been initiated (by LX or OTA) - is it then unreasonable for AMEX to refuse a chargeback ?? (not IMO; surely the pax shouldn't receive both a chargeback and subsequently a refund)
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Old Sep 3, 2020, 8:47 am
  #137  
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In that case the OTA is dead and no refund process had been initiated.
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Old Sep 4, 2020, 11:31 pm
  #138  
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Originally Posted by SK AAR

I have really no interest in the (extreme) remedies available in the UK and the US. For the majority of subscribers to this forum, they are not available.
I'm not sure I'd classify our Money Claim Online (MCOL) as extreme: it's simple to use, streamlined version of the small claims procedures available in most, if not all, member states.

There's even an EU-wide (except Denmark), cross-border small claims procedure (https://europa.eu/youreurope/busines...htm#shortcut-1) though I imagine this might be a bit of a headache to implement

As for our much-loved Section 75, it's really no more difficult to follow than a regular chargeback, though it is more specific in the situations it will cover. The consumer joy of the procedure is that the credit card company is equally as liable as the merchant: so that if you do not receive the service or goods you paid for the credit card people must make you whole, irrespective of the merchant agreeing to refund.

UK isn't a shining light in consumer affairs, so i'd be surprised if other EU states didn't have some version of our Consumer Credit Act Section 75, introduced back in the mists of time - 1974. There're certainly EU Directives covering consumer credit but whether these consider "charge back" mechanisms is beyond my competence.



I'm by no means an extreme litigant. But the behaviour of Luftansa really tested my patience.
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Last edited by IAN-UK; Sep 4, 2020 at 11:36 pm
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Old Sep 5, 2020, 4:22 am
  #139  
 
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My U.K. AMEX charge card statistic is 5 out of 5 successful chargebacks against LH Group during Covid, long finished now. Each case for many thousands of pounds. 2 booked through Amex travel, 3 booked directly with LH or LX.
YMMV as you can see from this thread, but the Amex sides with vendor argument just isnt always true.

The critical point for me was providing written proof to Amex that I had requested a refund, and they hadnt given me that refund within 7 days. Thats the tricky part.
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Old Sep 5, 2020, 12:44 pm
  #140  
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I'm not sure I'd classify our Money Claim Online (MCOL) as extreme: it's simple to use, streamlined version of the small claims procedures available in most, if not all, member states.

There's even an EU-wide (except Denmark), cross-border small claims procedure (https://europa.eu/youreurope/busines...htm#shortcut-1) though I imagine this might be a bit of a headache to implement
The airline can simply contest such a small claims procedure. All you have gained is actually nothing, because after a contest you can only proceed through the normal court system. The airline has just won more time.
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Old Sep 5, 2020, 1:16 pm
  #141  
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Originally Posted by warakorn
The airline can simply contest such a small claims procedure. All you have gained is actually nothing, because after a contest you can only proceed through the normal court system. The airline has just won more time.
MCOL is a court service. The decision is enforceable.

There's no reason you should understand the procedure: but it's unfair to dismiss it out of hand from a position of unfamiliarity.
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