Section 75 claim- out of pocket expenses

[CJC]

Excuse the length of message!
Had freedom package atol holiday with TC flights.
Mattie at MMH has successfully booked new flight with virgin and original WDW hotel still stands. They are going to claim TC flight costs on my behalf back from CAA.
The new virgin flights are £400 more expensive- can I claim this out of pocket expenses back via section 75 with my credit card company (not the flight)?
Thanks

[MickeyYay]

Unlikely I would think

[anneeb]

Originally Posted by CJC

Excuse the length of message!
Had freedom package atol holiday with TC flights.
Mattie at MMH has successfully booked new flight with virgin and original WDW hotel still stands. They are going to claim TC flight costs on my behalf back from CAA.
The new virgin flights are £400 more expensive- can I claim this out of pocket expenses back via section 75 with my credit card company (not the flight)?
Thanks

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I would say to give it a try, if you get it then great result, if not then so be it.

[geomac79]

I Claimed my out of pocket expenses through RBS, it cost me an extra £316 to book again and RBS have accepted these costs and are paying this on top of my TC flight costs.

[itsmeGAV]

Originally Posted by geomac79

I Claimed my out of pocket expenses through RBS, it cost me an extra £316 to book again and RBS have accepted these costs and are paying this on top of my TC flight costs.

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It would seem that you're extremely lucky I suppose.

OP.. you can give it a shot, but it may be very slim. I can't see why your CC company would cover the additional costs as 'expenses'.

[geomac79]

OP see below the wording I used, they never paid the extra hotel booking I had to make but I'm happy to get something back

Ref: Section 75 of the Consumer Credit Act 1974

I am writing to request that you reimburse me the value of 1,403.92 GBP as paid to Thomas Cook Airlines for flights purchased on 31st July 2019 with my Royal Bank of Scotland credit card.

My claim is made on the grounds that Thomas Cook Airlines has entered insolvency and you are jointly and severally liable for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974.

In addition to the cost of the cancelled flight, I would also like to claim the additional amount of 396.88 GBP for the consequential losses I have incurred as a result of the suppliers breach. These costs are as follows: New flights booking for the same day and same route which also includes the cost of hotel booking due to new flight times, bringing my total claim to 1,800.80 GBP.

I look forward to a full and prompt response to this letter within 14 days.

Yours faithfully,





Attachments to Letter:

1. Thomas Cook Airlines Booking Confirmation
2. Thomas Cook Airlines confirmation of insolvency
3. Receipt for new flight booking
4. Hotel booking confirmation

[galaxyflorida]

I found this on Martin Lewis' site, a different scenario obviously but in this case consequential losses were covered under Section 75, so its worth a shot.

[CJC]

Thanks everyone - submitted online claim and let’s wait and see.

[MickeyYay]

Good luck!

[emmafleur]

This is interesting. I’ve put in my claim with Tesco bank for my TC flights next August. I haven’t rebooked flights yet (still waiting for Virgin to release theirs from Manchester). If these new flights cost more, would I be able to put in a second claim for the difference in flights once I book new ones? If so, could I book like-for-like (I booked premium economy with TC so could I do the same with Virgin and claim the difference?) Hopefully someone will get a positive response from the banks about this soon. Thank you for the idea, though 😊🤞🏻