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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased Turkish Ailrlines tickets in May of 2015

Customer Question

I purchased Turkish Ailrlines tickets in May of 2015 for 11 passengers departing on the 27th.February 2016, through a golf competition organizer Sun Golf and they used my credit card to purchase these tickets. The "E" tickets were sent to me and after checking all the flight times put the documents with the other information. At check-in I was asked to show the credit card used for the purchase but unfortunatly I was issued a new card in January 2016 and told to destroy the old card. Turkish Airlines refused boaring with these tickets (is this in breach of Consumer Credit Act) and I was forced (payment extorted- pay it or you can't fly) the departure days ticket price, or the difference between after still using the original payment as part of the price. Masercard say it is my fault as the retailers terms state the card used for purchase must be presented, but Mastercard told me to destroy it.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did the terms of Turkish say you had to keep the card to show at check in?
Alex

Customer: replied 1 year ago.
No Alex, but how would Turkish know that the card would be replaced before departure? The actual wording on page 4 of the 11 passenger ticket says - Credit card used for the payment (if it is a vertual card, please have the related credit card with you) and identification, Passport, driving license, marriage certificate etc that belongs to the credit card holder must be presented at check-in counter. The second paragrph of this small print goes on to say - If you do not encounter any prompts regarding the presentation of your credit card during your transaction you will not be requested to present your credit card. This procedure will also not be necessary for tickets purchased with 3D Secure approval.
I have checked all 4 sheets delivered and can't find a PROMPT in the paperwork. I didn't do the transaction which was done by an agent so he may have had this prompt, but I would still expect any condition of sale attached to the purchase to be very prominent on the paperwork. This agent by the way purchases hundreds of tickets from Turkish Airlines without any problems, but then how often do card of purchase expire. There is a note in Fare Notes - click here to view the fare rules of your ticket, and this is were this prompt at purchase may be hidden.
No one I have spoken to has heard of this or come across this problem before. Surely under the Consumer Credit Act, having been paid, and accepted a credit card transaction they are bound to supply the service or refund the money. They have been paid by the Bank so why, and have they legal right of policing the transaction, that is the responsibility of the Credit Card Bank.
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Alex