ATOL Decline Letter

[sue mac]

Regarding the KTHY fiasco..I have today been into Abbey /Santander and finally  (using their internal card services helpline!) managed to speak to somebody regarding making a claim through the visa chargeback scheme!  They now tell me that I need to obtain a "decline" letter fro ATOL, basically atol saying that they will not reimburse us for the KTHY flight .
Has anybody else had to do this, and if so, please can you tell me how I go about this...many thanks...
Santander are not willing to send out forms or process my claim until I have this document from ATOL. What worries me, is that there is an atol symbol on the KTHY website! any help appreciated.

[stoop]

I would just contact ATOL and ask them if you are covered. Maybe email or letter so that you can forward it on. If you booked through an agent you may be covered but if you booked direct then I don't think they will cover you.

[sue mac]

Hi stoop, I rang atol yesterday...they will not issue a decline letter as they say they are inundated at present with all of the tour operators going bust...they stated that as it was an online flight only booking, they would not cover me anyway, and this is clearly stated on their website. I emailed them hoping to get an email back stating the same, but they just sent an "out of office" reply...I feel like I am fighting a losing battle. I have photocopied the page of the ATOL website which states they do not cover flight only bookings, and am just hoping Abbey will accept this. But having worked for abbey for 20 years until recently, I know they will dig their heels in and demand a letter. but I wont give up..!!!

[Denise40]

Sue - why don't you quote Abbey with the section 75 act as hightlighted on the www.moneysavingexpert.com website where if you use your credit card for an amount of £100 you are able to receive a refund.
Good Luck.

[DianaJ]

I know someone who got all there money back yesterday from ATOL for flight onlys they booked with Goldtrail they were due to fly 2nd August 2010 and had booked with debit card - so good result in a very short space of time know she did ring them a few times so I think persitance pays off.

[IanK]

Hi Sue mac,

as the others have said, the ATOL letter is irrelevant I had a similar experience with a card company when XL went bust - they insisted that I get a letter from the liquidator.  I simply wrote to the card company quoting the key phrase from the consumer credit act and the refund appeared about 2 weeks later.

This is the text of my letter:

I am in receipt of your letter dated 30 September 2008, recommending I contact the liquidators in respect of failure of XL.com.

I have obtained the following statement from <name of liquidator> in respect of this transaction:

Unfortunately, neither the Companies nor the Joint Administrators are in a position to make any refund to customers in respect of cancelled holidays, flights or accommodation.

However, as I am sure you are aware, Section 75 of the consumer credit act does not require me to take any action, as the merchant and card provider are jointly liable for the loss.  

You are of course welcome to contact the liquidators yourselves to find out if they are in a position to refund you.

Please credit my account with immediate effect and confirm in writing that I have no further liability for this transaction.

I had no letter from the liquidator - just the phrase I included from the web site. I think if you write a letter and appear to have made the effort to contact whoever they want you to, then refer to CCA Sec 75 they will pay out.

Hope this helps.

Ian

[sue mac]

Thanks all.....the only problem here, is that the section 75 of the consumer credit act refers to CREDIT and not DEBIT cards, or so I would have assumed....At least I can quote it for the refund from my Tescos mastercard, as I had a number of flights booked with them also.! So thanks for the info, it all helps, and hopefully I will get some money back from somehwere!!! (ps  I think the goldtrail flight only passengers will have got their money back through ATOL, as they booked through goldtrail, who were an agent. KTHY are the ailine, and ATOL do not cover flight only bookings made direct with the airline. I have managed to print that much off from the ATOL website, and am hoping that that will be sufficient for SAntander....!

[karen and pauline]

Hi Sue

I really feel for your situation as I am in a similar one.  

I booked with KTHY direct and got our flights out to Turkey but were then stranded there when it was time to come home.  We had to purcahse flights with another company to get back to the UK.  Our original flight was booked on a credit card but not a card of anyone in the travelling party so we cannot claim this back (various rules checked on this).  I have claimed through my insurance who are insisting on a letter from KTHY to confirm that we have not been reimbursed by them already.  I have told the insurance that I cannot contact anyone from KTHY, having tried various different routes, website, emailing, phoning and even writing with no response whatsoever.  I have even contacted AtlasJet who say I must contact KTHY!!!  They did give me an address (but no contact no.) but again no response.  I feel like I am just going around in circles, my insurance say they sympathise but cannot payout until the flight company have confirmed they have not already paid us, the fact that we and even they themselves cannot contact KTHY does not seem to make any difference and I am now stuck.

Anyone have any ideas?  I would be so grateful for any help or any information anyone may have that has succeeded in getting their money back via the insurance.

Thanks, Karen

[sue mac]

what a mess....I can only think that the only way of highlighting these problems is to take it to the press or to watchdog!! I had kind of accepted a long time ago that I had lost my money....it ws only when I was in turkey last month, and learning of many people who had had their money back that i decided to try for mine. Dont know what else you can do Karen...just keep on trying...as I will. Otherwise, take it as a lesson learnt...book with an ABTA / ATOL agent in future!! Thats what I will be doing....(

[Denise40]

I paid on my credit card for flights for grandkids for the kthy flights and I was not in the travelling party and also booked flights for friends last with XL and did not travel with them and received full refunds from the credit card company - whoever purchased them should still have a claim because the services were not received! Again I would write the credit card company as quoted above, and if still no joy then threaten action via small claims court! This has worked for me in the past, the thing is to keep being persistant and not give up which I am sure they rely on!