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Section 75 Terminology

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  • Section 75 Terminology

    A return Bangkok to London flight that my wife was due to make was cancelled along with all other Thai Airways flights and my wife was not able to return to the UK. I made a claim for refund from the agent but I only received a desirory offer some weeks later which I rejected.
    I made a charge back on my Am Ex card which the agent rejected as they said they were not liable. I wrote to Am Ex to reinstate the charge back and I have made it clear that I am making a claim under section 75 of the consumer credit act. I assume the agent is not offering a realistic offer as Thai Airways is in bankrupcy protection and it is unlikely they will ever get any refund from the airline and are therefore not offering me any realistic refund.
    Am Ex have written asking for certain documentation, most of which has already been supplied. They have asked for "correspondence" between myself and the agent. I have sent one formal letter to the agent. The agent has not corresponded with me.
    All other communication with me has been by phone or email. I specifically notified the agent at one point that expected future communication to be in writing but they continued to send emails.
    To my mind emails are nor correspondence however should I be seding copies of emails if it specifically says "correspondence"?
    Tags: None

  • #2
    In this case email and text are classed as correspondence. The more information and in the more detail that you can give amex the better your chance of winning the section 75 claim.

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    • #3
      ok I will print off the emails. Most of the communication has been by phone unfortunately. Even after I explicity said that I wanted everything in writing they continued to phone me.

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      • #4
        Originally posted by Trevor51 View Post
        ...after I explicity said that I wanted everything in writing they continued to phone me.
        Top tip: One way to get a phone conversation on 'the record' is to send them an email detailing what was said and agreed, along with a request that they email you back with any observations or amendments within a certain time frame. 99 times out of a 100 there will be no reply and you have a date-stamped document properly addressed to the other party to use as leverage.

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        • #5
          Record everything just let them know. If they say all calls are recorded for quality control and training, then say likewise, and ask them for a copy or transcript of the conversation. You can then compare it to your copy.

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          • #6
            Early on in the dispute somebody from the agent phoned me up to offer me £203, less than a quarter of what I paid, which I promptly rejected. They then came up with some BS excuse that as the airline would have treated to taken out bound flight as a single flight. Two singles are a lot more than a return ticket therefor they were justified in only offering less than a quarter as a refund.
            When we did get to communicating by email the offer of £203 had miraculously become an "interim" offer pending a refund from the airline.
            Good point about asking for transcipts of the phone calls.

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            • #7
              Just to check - your AmEx card is a credit card and not a charge card? (s75 won't apply to a charge card).

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