Consequential loss claims

[emmafleur]

Originally Posted by Princesa

Oh you’re right! They’ve only paid out 4/6ths and so haven’t paid for my parents. Did you do anything about that or did you just have to suck it up?

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I’m not sure (it was only me and dd on my claim so they paid both). I’d ask them to explain how they came to their decision and see if you can squeeze any more out 👍🏻🤞🏻

[lauramcfc]

Please can someone give advice . I claimed for the cost of the fligh

ts with Thomas Cook and was refunded pretty quickly . I read on here about consequential losses so copied the letter someone had posted , obviously I put my details in re the new virgin flights and I have just received this reply which I will copy and paste


Transaction Details: THOMAS COOK Transaction Amount: £949.96 Transaction Date: 11/08/2019
I am writing to you with reference to your Section 75 Claim under the Consumer Credit Act 1974. You have raised a Section 75 Claim against MBNA due to Thomas Cook no longer being able to supply its services following its collapse on September 23rd 2019.
I understand from your claim that you had purchased flights only through Thomas Cook, and therefore you are not covered by ATOL for any additional expenses, in this case seat reservations.
As your credit card provider, provided the relevant criteria under Section 75 are met, we have joint liability with Thomas Cook in the event of any breach of contract, or misrepresentation.
Thomas Cooks' terms and conditions state that for single component bookings, such as flight-only purchases, there is no liability for consequential losses in relation to any arrangement which you book to coincide with that single component.
Furthermore, the Package Travel Regulations, which give consumers additional rights, such as; right to reimbursement of package holiday costs, compensation and right to repatriation, do not cover flight-only purchases.
Accordingly, under Section 75 of the Consumer Credit Act 1974, as the credit card provider, our liability is limited to the cost of the flights purchased. The cost of flights which were used to purchase using your credit card, has already been refunded via the CAA.
I am sorry that this may not be the outcome that you were hoping for however I hope that you will understand this decision.


Can I just add I'm not claiming for seats booked just the difference in price for the flights
Any advice would be greatly appreciated.

[anneeb]

Originally Posted by lauramcfc

Please can someone give advice . I claimed for the cost of the fligh

ts with Thomas Cook and was refunded pretty quickly . I read on here about consequential losses so copied the letter someone had posted , obviously I put my details in re the new virgin flights and I have just received this reply which I will copy and paste


Transaction Details: THOMAS COOK Transaction Amount: £949.96 Transaction Date: 11/08/2019
I am writing to you with reference to your Section 75 Claim under the Consumer Credit Act 1974. You have raised a Section 75 Claim against MBNA due to Thomas Cook no longer being able to supply its services following its collapse on September 23rd 2019.
I understand from your claim that you had purchased flights only through Thomas Cook, and therefore you are not covered by ATOL for any additional expenses, in this case seat reservations.
As your credit card provider, provided the relevant criteria under Section 75 are met, we have joint liability with Thomas Cook in the event of any breach of contract, or misrepresentation.
Thomas Cooks' terms and conditions state that for single component bookings, such as flight-only purchases, there is no liability for consequential losses in relation to any arrangement which you book to coincide with that single component.
Furthermore, the Package Travel Regulations, which give consumers additional rights, such as; right to reimbursement of package holiday costs, compensation and right to repatriation, do not cover flight-only purchases.
Accordingly, under Section 75 of the Consumer Credit Act 1974, as the credit card provider, our liability is limited to the cost of the flights purchased. The cost of flights which were used to purchase using your credit card, has already been refunded via the CAA.
I am sorry that this may not be the outcome that you were hoping for however I hope that you will understand this decision.


Can I just add I'm not claiming for seats booked just the difference in price for the flights
Any advice would be greatly appreciated.

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Go through the Financial Ombudsman, it's easy to do and doesn't cost anything. Just be aware that they have a massive amount of claims and their turnaround is longer than usual. I have no doubt that they will uphold your claim.

[antheve]

Originally Posted by lauramcfc

Please can someone give advice . I claimed for the cost of the fligh

ts with Thomas Cook and was refunded pretty quickly . I read on here about consequential losses so copied the letter someone had posted , obviously I put my details in re the new virgin flights and I have just received this reply which I will copy and paste


Transaction Details: THOMAS COOK Transaction Amount: £949.96 Transaction Date: 11/08/2019
I am writing to you with reference to your Section 75 Claim under the Consumer Credit Act 1974. You have raised a Section 75 Claim against MBNA due to Thomas Cook no longer being able to supply its services following its collapse on September 23rd 2019.
I understand from your claim that you had purchased flights only through Thomas Cook, and therefore you are not covered by ATOL for any additional expenses, in this case seat reservations.
As your credit card provider, provided the relevant criteria under Section 75 are met, we have joint liability with Thomas Cook in the event of any breach of contract, or misrepresentation.
Thomas Cooks' terms and conditions state that for single component bookings, such as flight-only purchases, there is no liability for consequential losses in relation to any arrangement which you book to coincide with that single component.
Furthermore, the Package Travel Regulations, which give consumers additional rights, such as; right to reimbursement of package holiday costs, compensation and right to repatriation, do not cover flight-only purchases.
Accordingly, under Section 75 of the Consumer Credit Act 1974, as the credit card provider, our liability is limited to the cost of the flights purchased. The cost of flights which were used to purchase using your credit card, has already been refunded via the CAA.
I am sorry that this may not be the outcome that you were hoping for however I hope that you will understand this decision.


Can I just add I'm not claiming for seats booked just the difference in price for the flights
Any advice would be greatly appreciated.

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I’d be asking them why they’ve even mentioned seats if that’s not what you’re claiming for. A lot of us got results by playing hardball on the phone. If still not joy go through the ombudsman.

[emmafleur]

Originally Posted by lauramcfc

Please can someone give advice . I claimed for the cost of the fligh

ts with Thomas Cook and was refunded pretty quickly . I read on here about consequential losses so copied the letter someone had posted , obviously I put my details in re the new virgin flights and I have just received this reply which I will copy and paste


Transaction Details: THOMAS COOK Transaction Amount: £949.96 Transaction Date: 11/08/2019
I am writing to you with reference to your Section 75 Claim under the Consumer Credit Act 1974. You have raised a Section 75 Claim against MBNA due to Thomas Cook no longer being able to supply its services following its collapse on September 23rd 2019.
I understand from your claim that you had purchased flights only through Thomas Cook, and therefore you are not covered by ATOL for any additional expenses, in this case seat reservations.
As your credit card provider, provided the relevant criteria under Section 75 are met, we have joint liability with Thomas Cook in the event of any breach of contract, or misrepresentation.
Thomas Cooks' terms and conditions state that for single component bookings, such as flight-only purchases, there is no liability for consequential losses in relation to any arrangement which you book to coincide with that single component.
Furthermore, the Package Travel Regulations, which give consumers additional rights, such as; right to reimbursement of package holiday costs, compensation and right to repatriation, do not cover flight-only purchases.
Accordingly, under Section 75 of the Consumer Credit Act 1974, as the credit card provider, our liability is limited to the cost of the flights purchased. The cost of flights which were used to purchase using your credit card, has already been refunded via the CAA.
I am sorry that this may not be the outcome that you were hoping for however I hope that you will understand this decision.


Can I just add I'm not claiming for seats booked just the difference in price for the flights
Any advice would be greatly appreciated.

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Definitely fight them for it. That’s rubbish what they’ve written. Under Section 75 they are liable for putting you back into the situation you were in before TC collapsed i.e with flights to your destination and back. If those flights cost more than the original TC ones then your cc is liable to make up the difference in order to put you are back in the same position as before the collapse. Take it the Financial Ombudsmen if you get no luck.

[lauramcfc]

Thanks everyone I'll keep you up to date

[anneeb]

Just a quick update on my claim against Barclaycard with the Financial Ombudsman. They have written to Barclays so that they have a chance to put things right with me first. I'm slightly annoyed because I have given them chances to put it right. However, I know that it is being dealt with by the Financial Ombudsman. I sent through the details at the beginning of the year, so they must have had a lot of claims because of TC and CC companies possibly trying to get out of their obligations.

[cysmith16]

I had never heard of this! What an amazing thread! We rebooked a TC holiday with TUI following their collapse and paid £860 more. Phoned santander today and they had never heard of consequential loss. Then the manager argued that's not what consequential loss was. Now I'm waiting to hear back from a 'specialist' complaints manager. Sounds like it take a while!

[anneeb]

Originally Posted by cysmith16

I had never heard of this! What an amazing thread! We rebooked a TC holiday with TUI following their collapse and paid £860 more. Phoned santander today and they had never heard of consequential loss. Then the manager argued that's not what consequential loss was. Now I'm waiting to hear back from a 'specialist' complaints manager. Sounds like it take a while!

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Go for it, you have nothing to lose.

[emmafleur]

Originally Posted by cysmith16

I had never heard of this! What an amazing thread! We rebooked a TC holiday with TUI following their collapse and paid £860 more. Phoned santander today and they had never heard of consequential loss. Then the manager argued that's not what consequential loss was. Now I'm waiting to hear back from a 'specialist' complaints manager. Sounds like it take a while!

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I bet they’ve heard of section 75 though. You’ll need to say that you want to claim under Section 75. In another thread on here Geomac79 very kindly shared an example of a letter to write regarding a consequential loss claim. I’ll copy it here for you so it’ll give you an idea of the sort of info you might need when the ‘specialist’ phones you. Good luck 😊😊


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,