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date: Sun, 22 Jun 2008 15:01:15 +0100,    group: alt.uk.law        back       
Debit card chargeback, company gone bust   
I have just paid for a hotel using my debit card (Halifax Visa), and the 
firm I booked it with (go2spain.co.uk) have just gone under. They have not 
paid for my hotel, so I have had to rebook and pay again, loosing the 
payment I have made to go2spain.
Obviously I now want to get this money back.

I have read about the farepack saga, where some people were able to claim 
their money back using the Visa debit chargeback scheme, I tried this with 
my bank (Halifax), but they vigorously denied that this scheme exists, and 
when I asked to speak to a supervisor, they cut me off!
Is there anywhere where this scheme is set out in black and white, so I have 
something solid to quote at the bank?

The other way I am looking at getting my money back is via section 75 CCA, I 
know this normally only applies to credit cards, but I read on the Financial 
Ombudsman Service site that if you have an overdraft facility, and use the 
debit card to create or increase the overdraft, then the card becomes a 
'credit token' under the term of the CCA. The comments on the FOS site refer 
to using the card in cash machines, but if the card is defined as a 'credit 
token' under the act, even though it is a debit card, would it then get full 
section 75 protection? (in the case of my payment, the card was used to 
increase my overdraft)

Failing all this, how do I go about claiming from the liquidators?


Thanks in advance for any help on this.
date: Sun, 22 Jun 2008 15:01:15 +0100   author:   SimonJ

Re: Debit card chargeback, company gone bust   
On Sun, 22 Jun 2008 15:01:15 +0100, "SimonJ"  wrote:

>I have read about the farepack saga, where some people were able to claim 
>their money back using the Visa debit chargeback scheme, I tried this with 
>my bank (Halifax), but they vigorously denied that this scheme exists, and 
>when I asked to speak to a supervisor, they cut me off!
>Is there anywhere where this scheme is set out in black and white, so I have 
>something solid to quote at the bank?

http://www.visaeurope.com/personal/onlineshopping/main.jsp although
your best bet might be an e-mail to enquiries.europe@visa.com .  With
luck you will get a reply which the bank understands.  It's called the
Via Debit Card Chargeback Scheme.

Banks have considerable variations in the way they implement this
scheme and can impose restrictions upon it.  One of the most common is
to insist you claim first against the liquidator and only when you get
your payment (usually nothing or a trivial amount) will they consider
your claim.  This process can take many month if not years.

>The other way I am looking at getting my money back is via section 75 CCA, I 
>know this normally only applies to credit cards, but I read on the Financial 
>Ombudsman Service site that if you have an overdraft facility, and use the 
>debit card to create or increase the overdraft, then the card becomes a 
>'credit token' under the term of the CCA. The comments on the FOS site refer 
>to using the card in cash machines, but if the card is defined as a 'credit 
>token' under the act, even though it is a debit card, would it then get full 
>section 75 protection? (in the case of my payment, the card was used to 
>increase my overdraft)

You might win, but expect an uphill struggle.

Don't expect to achieve much talking to call centres, you will need to
set out your claims in letters.

>Failing all this, how do I go about claiming from the liquidators?

Send them a letter.  You should do this anyway but you are most
unlikely to see anything back from this route.
date: Sun, 22 Jun 2008 16:12:02 +0100   author:   Peter Parry

Re: Debit card chargeback, company gone bust   
"SimonJ"  wrote in message 
news:jICdnf0I1I1dx8PVnZ2dnUVZ8uOdnZ2d@bt.com...
>I have just paid for a hotel using my debit card (Halifax Visa), and the 
>firm I booked it with (go2spain.co.uk) have just gone under. They have not 
>paid for my hotel, so I have had to rebook and pay again, loosing the 
>payment I have made to go2spain.
> Obviously I now want to get this money back.
>

Were they ABTA bonded?
date: Sun, 22 Jun 2008 18:44:46 +0100   author:   R. Mark Clayton

Re: Debit card chargeback, company gone bust   
>>I have just paid for a hotel using my debit card (Halifax Visa), and the 
>>firm I booked it with (go2spain.co.uk) have just gone under. They have not 
>>paid for my hotel, so I have had to rebook and pay again, loosing the 
>>payment I have made to go2spain.
>> Obviously I now want to get this money back.
>>
>
> Were they ABTA bonded?
>
>
>
Unfortunately not.
date: Sun, 22 Jun 2008 19:28:29 +0100   author:   SimonJ

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