Goldtrail Administration

[crystal clear]

Re: Goldtrail Administration

How does this sound please ?

My details here




There details and ref here

Dear Sirs
Further to a phone call I received 7th September 2010 11.23am from one of your advisors in the claims department.
I advised your representative that I will not be making any claim to ATOL and that I was claiming recompense for the full amount paid as per original statement sent under section 75. I am aware how the laws stands and know you are wrongfully trying to say I must go the ATOL route.
I will give you the same courtesy that you gave me which is You now have 14 days from the date of receipt, to deal with my claim and refund my monies back or I shall be forced to file court action for the full amount claimed plus any and all out of pocket expenses, interests etc.
Any further correspondence must now be in writing.
I trust you will now deal with my claim forthwith.


Yours truly,

ME


Crystal clear

[Guest]

Re: Goldtrail Administration

Send this.

Dear Sir

Letter Before Action

Take notice that following a telephone call from your company on 7th September 2010 at 1123 during which I was lied to regarding my statutory rights and your statutory obligations, I am seeking a full refund of the sum of £XXX.XX being (detail what constitutes the sum you are claiming) under s.75 (1) of the Consumer Credit Act 1974.

You have 14 days to remit payment to me at (detail where you want the sum paid) failing which it is my intention to issue legal proceedings for the same. Should I be forced to litigate, my claim at that time will include court costs, interest pursuant to statute and other associated costs. The claim will be issued without further notice to you.

Finally, it is also my intention to report your conduct to the Financial Ombudsman Service, in particular your deliberate attempt to mislead me with regard to my statutory right to seek compensation under the above Act of Parliament. You should also note that it is my intention to request a recording of our telephone conversation under the Data Protection Act 1998 in order that I may establish an accurate record of precisely what was said by your representative.

I look forward to your prompt reply.

You may also be interested in this link, which details your rights and the card issuers obligations under the Act.

http://www.financial-ombudsman.org.u...itcards-31.htm

Frankly, I am sick and tired of companies who damn well know better, attempting to deny consumers' their rights. HSBC are large enough to know the Acts of Parliament which apply to them, yet they have deliberately mislead you. Should they actually send a letter for you to send to ATOL, make sure you keep it and send it to the Financial Ombudsman Service. My guess is however, you will not receive anything of the sort. It was simply another lie. These are not people who are guessing when they tell you these things, they have been trained to lie, to deceive and to deliberately obstruct you in order to save their employers money.

How much have you lost, in total, including all incidental costs and expenses associated with this matter? That is how much your claim should be for, not simply the price of the tickets.

[crystal clear]

Re: Goldtrail Administration

Thank you yet again. I will no doubt be using your format of the letter as I stated before I am not so familiar in writing such letters.
I am working all day so will have it in the post and faxed to them by tomorrow.

I dont have any further loss so far apart from any interest I am charged by this amount being on my statement and maybe the 1 call I made for the claim form and 1 fax I sent them also with claim form and details. So I am happy for them at this moment to just clear what I paid in full according to my statement.

Before I send this letter i read the FO web link and noted this paragraph :
Where customers use a credit card to buy airline or other travel tickets from a travel agent, they cannot normally claim against the travel agent if the airline delays or cancels the flight. This is because the travel agent contracted to supply the ticket, not the flight. So the customer would not have a claim under section 75 either.

I purchased just tickets from the agent for Kiss to fly me to and from my destination. So does that mean as I did not purchase a package I will not have a valid claim now ???

Crystal clear

[Guest]

Re: Goldtrail Administration

Thank you yet again. I will no doubt be using your format of the letter as I stated before I am not so familiar in writing such letters.
I am working all day so will have it in the post and faxed to them by tomorrow.

I dont have any further loss so far apart from any interest I am charged by this amount being on my statement and maybe the 1 call I made for the claim form and 1 fax I sent them also with claim form and details. So I am happy for them at this moment to just clear what I paid in full according to my statement.

Before I send this letter i read the FO web link and noted this paragraph :
Where customers use a credit card to buy airline or other travel tickets from a travel agent, they cannot normally claim against the travel agent if the airline delays or cancels the flight. This is because the travel agent contracted to supply the ticket, not the flight. So the customer would not have a claim under section 75 either.

I purchased just tickets from the agent for Kiss to fly me to and from my destination. So does that mean as I did not purchase a package I will not have a valid claim now ???

Crystal clear

No. Send the letter.

[crystal clear]

Re: Goldtrail Administration

Ok I wasn't sure with the FO saying I wasn't able to claim section 75.
Hence needed to check I would still have a legal claim against CC company.

Crystal clear

[crystal clear]

Re: Goldtrail Administration

Ok I have sent that letter to HSBC CC regarding the Kiss flights.

Now I have a new problem in that I earlier in the year used my Cap one CC to purchase Goldtrail flights for the same dates I rebooked the Kiss ones with, but at the time these flights were again through the same flight agent who is still trading.

(Long story short I booked a package hotel/ flights through a travel company for july we lost goldtrail flights a week before holiday commenced so rebooked flights and went on holiday in July - those goldtrail flights we are claiming back via Atol. at the same time I had also lost our October goldtrail flights (cap one CC claim ) I rebooked both above using the airflights and got Kiss flights both July and Oct on HSBC CC - July was ok but then we lost Oct as Kiss went bust - hence the HCBC CC claim - I have since then rebooked for the last time direct with Monarch for Oct flights which we hope to finally go on this time) Just wanted to clear any confusion I am not double claiming any lost flights I have 3 flight losses 2 with CC's and 1 with ATOL.

Cap One have wrote back yesterday to say,
Thank you for contacting me about the transactions to airflights.
They have limited influence over merchant when it comes to claiming a refund as I booked flights via airflight who are stilll trading you need to pursue though Atol and airflights. please follow the link below CAA.co.uk
They hope that provides info I needed and if they can be any further help to contact them.

So again my question is how do I go forward from here as the Financial ombudsman paragraph has left me with doubts as to there obligations and legal standing if i am honest. I also only ever paid £572.60 deposits for these flights which is the amount I claimed on the claim form the invoice states £716 less £572.60 paid balance owing £144.00
That said I did send the HSBC letter (as above post)requesting the full payment of £907.47 as that was the full amount due that I did actually pay for the flights on that occassion .

Thanks in advance

Crystal clear

[Guest]

Re: Goldtrail Administration

Why are you still asking questions if you have doubts about the answers you are receiving?

You have a choice to make; claim or don't claim.

Which one of the above offers you the best chance of recovering your money?

One final question, who's lying to you; me or Capital One?

[crystal clear]

Re: Goldtrail Administration

Why are you still asking questions if you have doubts about the answers you are receiving? I didn't have any doubt that I had a valid claim against the HSBC under S.75, until I read the FO paragragh in the link you sent me stating that if I booked flight only via a travel agent I cannot normally claim etc etc.

You have a choice to make; claim or don't claim. I did make the claim and sent the LBA to HSBC as you said I should

Which one of the above offers you the best chance of recovering your money? I dont know this answer as I have never faced anything like this before, which would be why I am here asking why which when hows

One final question, who's lying to you; me or Capital One?The capital one is a different claim which I was asking how to goforward with and what to reply to there letter The HSBC one I have sent the LBA as you said I should

I am sorry if it would appear that I am not grateful of your help and guidance, but i can assure you that is not the case. I have done exactly what you have said so far and today I asked how to proceed with the Cap One as that was the other claim I wrote about receiving a negative responce to the Goldtrail flights claim. I did try to clarify that there were in fact 3 seperate lots of flights lost this year and who I was trying to recover the monies from 1 set of flights 1 company etc not double claiming from any.

I hope that clears up what I was trying to say earlier, What line do I take with cap one ?

Many thanks
Crystal clear

[Guest]

Re: Goldtrail Administration

The same one you are taking with HSBC. They will lie, they will attempt to deceive and they will attempt to deny you your rights. This is not only unlawful, it is illegal and must not be allowed to happen.

Credit card companies will not volunteer information that may cost them money. Most of them attempt to deny the existence of s.75 of the Consumer Credit Act and they would certainly prefer it was not there. They did not move their call centres overseas because the standard of customer care would increase, they did it because it was cheap, thus they get to keep more of the money they make. The last thing they want to do, therefore is give you any money back, even if they have to break the law to keep it. This is why you have been given the runaround by HSBC and lied to regarding the need to claim from ATOL. There is no such requirement and they know it. Capital One will do the same, thus you must conduct your claim against them in the same way.

[crystal clear]

Re: Goldtrail Administration

Thank you again Cetelco

I did guess that it would be a LBA to cap one also.The bit I didn't make clear was the content of such letter as HSBC I went in rather blunt to them as they had been slightly on the aggressive side from onset in that they stated "we will not" " you have to do this " etc etc verbally.
Unlike Cap One that although you can see from what I wrote about the letter I got from them they have done the nice caring approach to reject in writing.

So it was more of your guidance I was actually after regarding my LBA wording to them. As I did mention earlier I am pretty useless at compiling legal formats mostly because I have never had to deal with this type of thing before.

Sorry to keep imposing on you like this. But as your more in the know so to speak than myself I find you input very valuable and much appreciated.

Crystal clear

[Guest]

Re: Goldtrail Administration

Capital One have told you the same thing as HSBC did, therefore why you think you owe them anything I am not sure.

There are many ways to say the same thing. That Capital One have chosen to be, in your eyes, more caring has not led to them paying you.

A man might choose to say, when looking at a woman "When I look at you, time stands still" or alternatively, he might choose "My God! You've got a face that could stop a clock" and when he might choose either of these would be governed by the type of response he was seeking. Regardless of that, although completely different phrases, they essentially convey the same core message.

Capital One want you to stop asking for your money back and think they can do it with kindness, but you are being deceived nonetheless.

You are making all this far more complicated than it needs to be and you simply need to ask for your money back, as is your right, under s.75(1) of the Consumer Credit Act 1974 and if they fail to pay you, issue a claim against them.

[crystal clear]

Re: Goldtrail Administration

You are making all this far more complicated than it needs to be and you simply need to ask for your money back, as is your right, under s.75(1) of the Consumer Credit Act 1974 and if they fail to pay you, issue a claim against them.

I am sorry if my legal Knowledge is some what lacking compared to yours and that whilst I agree the Cap One need a LBA. I fail to see why I am making it more complicated than it need be. I was only asking for some guidance as to how to compile the letter to them, because I wrote in the 1st one about cap one the difference in what I paid deposit (this I wrote in there claim form £572.40) but the flights were still another £144 to pay I believe without getting the paperwork out at this time to check. Maybe its me maybe I am not writing these posts clearly enough I dont know. But I feel your not answering the questions I am trying to obtain answers to Just getting upset with me on parts. If I had all the answers from my 1st 2nd post on cap one The LBA would have been in the post today.
I have tried to explain that I am not very good with this sort of thing and I am following all you say, but without all the answers its hard to know how to fully compile this before send. I dont know why I feel as if you are upset with me now. I have the letter here to submit but still missing the £**** part to fill in?
If the letter is ok then again the final question I have is as my 1st post on Cap one how much should the figure be ??

Dear Sir

Letter Before Action

Take notice that following receipt of the letter from your company dated 3rd September 2010 to which I was informed I needed to contact ATOL to claim a refund. I feel I am being mislead regarding my statutory rights and your statutory obligations, I am seeking a full refund of the sums totalling £***** being the full payments I made under s.75 (1) of the Consumer Credit Act 1974.

You have 14 days to remit payment to my credit card failing which it is my intention to issue legal proceedings for the same. Should I be forced to litigate, my claim at that time will include court costs, interest pursuant to statute and other associated costs. The claim will be issued without further notice to you.

Finally, it is also my intention to report your conduct to the Financial Ombudsman Service, in particular your deliberate attempt to mislead me with regard to my statutory right to seek compensation under the above Act of Parliament.


All correspondence must be in writing.
I look forward to your prompt reply.


Crystal clear

[Guest]

Re: Goldtrail Administration

First and foremost I am not upset in the least. I have nothing to gain and nothing to lose regardless of the outcome for you, with either HSBC or Captial One.

The figure you are claiming from them is the total amount that you have lost as a result of the breach of contract or misrepresentation by the original seller of the tickets. I don't know how much that is.

You are not entitled to double recovery and, as usual, you must attempt to mitigate your loss, but you are entitled to claim for the full amount of the breach and/or misrepresentation.

[crystal clear]

Re: Goldtrail Administration

Thank You again for the reply.
I did put in my 1st cap One post the figures. I put on the claim form £572.60 which is the amount I paid and wanted clarification that I should still put the same figure or did it have to be for the total cost of the flights £716. I am not greedy I am quite happy to continue my claim based on what I have actually paid and not the full amount due. I just wanted clarification that I am correct to continue with the amount I paid (deposit)
I also only ever paid £572.60 deposits for these flights which is the amount I claimed on the claim form the invoice states £716 less £572.60 paid balance owing £144.00 (goldtrail flights)

That said I did send the HSBC letter (as above post)requesting the full payment of £907.47 (Kiss Flights) as that was the full amount due that I did actually pay for the flights on that occassion .

I am Not making any double claims to anyone I also explained that in my 1st Goldtrail post. I have 3 individual losses this year 2 goldtail ,1 Kiss, therefore I have 3 seperate claims 1 to CAP ONE, 1 to HBSC, and 1 to ATOL .

May I assume the LBA letter I put in is okay to send when the missing figure is Inserted.

Crystal clear

[Guest]

Re: Goldtrail Administration

Yes, send it.