FOS case: Contract interpretation in Section 75 refund claim for cancelled holiday

[CuriousM]

Thank you echat11 and Pezza54 for your comments.

I am fairly certain I found at least one example FOS decision where an S75 claim was made by someone who had only part-funded their holiday, I will see if I can find it.

However please see this upheld case where a woman had paid with her credit card for a holiday which her husband had booked, which is a similar case in terms of contracted liability. She was not the Lead Traveller but the Ombudsman agreed that by virtue of her being a traveller she still is still contracting with the supplier and has a 'like claim' against the bank, and there is no mention in the case decision of the liability being for only her traveller portion.

https://www.financial-ombudsman.org....RN-3978278.pdf

[Pezza54]

The case you have provided is not the same as yours. There is no mention that Mr H paid a deposit when he booked the holiday. The ombudsman decided that Mrs H had entered into a contract with the holiday company when she paid in full using her credit card. There was no 3rd party involved in the payment transaction.

[CuriousM]

The case you have provided is not the same as yours. There is no mention that Mr H paid a deposit when he booked the holiday. The ombudsman decided that Mrs H had entered into a contract with the holiday company when she paid in full using her credit card. There was no 3rd party involved in the payment transaction.

Yes I do appreciate that fact. I was pointing to this case as an argument against my FOS investigator's decision that my bank is only liable for my small portion of the holiday as a single traveller and not for the entire package holiday amount, or even the amount of my contribution made on my credit card.
The fact that the investigator feels the bank has liability to me implies that a DCS is in place -- that case shows an example of where the amount of liability should not be on a per-traveller basis.

[echat11]

No two cases are ever the same, If part of a case helps to move your case forward, then so be it, that is what you need to arm yourself with.

There is a reason why the FOS publishes cases, that's to educate people on how they decide cases and the reasoning behind their decisions.

If you need bits from different cases, so be it. There is no better argument then the decisions they made in previous cases.