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Old 3 Oct 19, 08:28 PM  
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#41
duchy
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Originally Posted by dreamisawish View Post
New info on watchdog- it is fraud under the consumer credit act article 25 to take money from a debit/credit card after you’ve checked out and you should be contacting your bank ASAP!

They say Orlando has been one of the most affected places over this.
Can an American firm be prosecuted under English law for bad acts they did in America though ? (And which may not actually be illegal in Florida possibly)
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Old 3 Oct 19, 08:29 PM  
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dreamisawish
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Originally Posted by duchy View Post
Can an American firm be prosecuted under English law for bad acts they did in America though ? (And which may not actually be illegal in Florida possibly)
Someone else will have to chime in but I’m assuming that no legal action can be taken against them but as per our rules for our banks you should be able to claim back that money as though it was taken from you.

But it’s enough that they should be ashamed that they jumped the gun on this one and ended up really misreading the situation.
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Old 4 Oct 19, 04:35 PM  
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Originally Posted by dreamisawish View Post
They also say the CAA have been calling all 3000+ hotels that Thomas cook supplied to to explain the process for them, so Avanti really have no excuse!
The Avanti resort did say the CAA had contacted them. They said (quoted from a previous post):

“Our resort will not be reimbursed for the services rendered for any guests that have previously stayed prior to the September 23, 2019 insolvency of which Thomas Cook had failed to pay us. This has been made clear to us in writing by the CAA & ATT.

Hence why they were taking money from people’s accounts.
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Old 5 Oct 19, 02:25 PM  
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Originally Posted by duchy View Post
Can an American firm be prosecuted under English law for bad acts they did in America though ? (And which may not actually be illegal in Florida possibly)
Fortunately for UK consumers, the law means they don’t have to worry about this. Section 75 of the Consumer Credit Act 1974 is very clear that the creditor (card issuer) can be held jointly and severally liable for breaches of the Act by the supplier.

In simple terms, the Act allows the consumer to make it the card issuer’s problem, and assuming the card issuer is a UK licensed financial institution, it’s very much subject to English law.

The issuer can involve the supplier in any legal proceedings if it wishes, but that doesn’t get the issuer off the hook. Of course, card issuers have other means of leverage over merchants, via the card schemes (Visa, MasterCard, Amex etc) and their Acquirers, with whom the suppliers also contract.

The best I can say for Avanti in this situation is that they panicked off the back of what was probably a pretty large debt with TC, but that doesn’t excuse charging the cards of guests who had previously checked out.

Edited at 02:27 PM.
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