XL Claim - ATOL/Credit Card issues?

[Queenie]

Hi all,

I'm posting on behalf of my FIL tonight as he is going nuts over this and would like to hear from anyone who can offer any advice on where to turn to.

My in-laws were booked to go to WDW last Sept/Oct with TCD and were caught up in the collapse of XL. Luckily they managed to rebook and unlike so many others they actually got to take their holiday, just a few days differently from originally planned. They were booked for a fly-drive package with no park tickets as they have a non-Disney timeshare in Kissimmee.

The problem is that FIL paid the deposit online with his credit card (I believe a little under £300) and then paid the balance off with a personal cheque to TCD. He's now in the position of ATOL refusing to pay up the refund as they say the credit card company are liable for the cost, and the credit card company are refusing to pay as they say ATOL is responsible. This has been going on for several months now with both parties refusing to budge on their respective positions.

He is at a loss as to who to turn to in order to get his refund and force one or both of them to cough up what they are responsible for. His thought, and mine too is that ATOL should be mostly responsible, as why should the credit card be paying out a refund for the whole trip when they only took the deposit? However the credit card is refusing to pay out anything, and they did take some money from him (the deposit.)

Has anyone been in a similar position who could offer some advice or does anyone know where we could go to get an intermediary to sort this out as he feels like a ball at Wimbledon right now being hit back and forth between the two companies and going nowhere.

I will also note here that he has copies of all the letters and documents that have been sent to ATOL and ATOL have also received a photocopy of the cheque (verified by his bank) that proves this was paid for by personal cheque, not on a card.

All advice or suggestions are welcomed as they feel stuck and not sure where to try next.

xxx

 

[carolfoy]

I guess you've already spoken at length to Cega, the CAA claims dept? I must admit they are still thousands of people waiting their money back, ATOL paid out pretty quickly on the tcd and kosmar products but the freedom flights and Xl direct stuff is still hanging around.
all I can say is keep pushing, and good luck

 

[Jets fan]

This was featured on a Watchdog episode recently. Sorry I didn't listen more, but if you look at their website I'm sure there will still be a piece on it.

Good luck
Tina

 

[Jets fan]

Hi

here's the link to the story - hope it helps.

http://www.bbc.co.uk/blogs/watchdog/2009/04/xl_holidaymakers_still_awaing.html

Tina

 

[Queenie]

ATOL paid out pretty quickly on the tcd and kosmar products but the freedom flights and Xl direct stuff is still hanging around.

Hmmm, they booked with TCD, not direct through XL, have most people been compensated now then?

As this is my in-law's claim, not my own, I can't be exactly sure who they have spoken to about it. I've pulled up the website for the CAA and found their pages regarding the collapse of XL so I'll get FIL to have a read through that tonight and see if it helps him in any way. It does have a paragraph that specifically mentions cases where customers paid deposit by credit card and the balance by another method. If he gives them a ring then hopefully they'll be able to help him get somewhere.

Jets fan - Thanks for the Watchdog link. They were sent that by a friend this week and were watching it when I walked in, which is how I ended up talking at length with them about their claim.