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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49836
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would like to ask you about a recent scenario that I am

Customer Question

Good Morning, I would like to ask you about a recent scenario that I am trying to resolve with my credit card company. My 21 year old son went on holiday to Turkey on Oct 24th, he went with a valid travel insurance policy in place. Whilst on holiday he was suddenly taken ill with severe chest pains & was rushed by ambulance to a hospital some distance away which transpired to be private rather than public. In order for my son to be released from hospital after receiving several days of treatment, the hospital requested confirmation from the travel insurance company that they would settle the medical bill. The travel insurance confirmed this by e-mail to the hospitals patient administrator confirming they would settle the medical bill and forwarded details of how they should proceed to receive payment. (I have a copy of this confirmation) The travel insurance sent the hospital clear concise guidelines inviting them to present them with the medical bill & also advising that they could request the £75 policy excess directly from my son. The travel insurance were very professional keeping in constant contact with my son & also myself here in England giving us advise on what he needed to do in order to secure his release. By now the insurance company had received several hospital e-mails which indicated my son was being held illegally & under duress in order to secure payment.
The hospital were not satisfied with the advice given and kept pressurising my son to fill in a form to secure his release which requested details of a credit card. As advised by the travel insurance company my son completed the form believing this would secure his release if the £75 policy excess was paid directly to them. As you can imagine significant factors such as the language barrier, constant pressure & stress made communication quite challenging for my son. I do know that the insurance company sent all communication received from the hospital for translation & ensured their instructions were sent to someone who understood English. My son does not have a credit card, so I had to give him my details, my son was advised by the travel company to sign the form that requested the details in a specific manner, she asked him to sign & write on the form that the details were only given in order to secure his release. Literally as soon as he walked out of the hospital I contacted my credit card company informing them of the situation, requesting advice & instructing them that NO international payments should be honoured. At this time 30th Oct the adviser made a note on my cards file & assured me nothing would be paid. I know that the hospital kept telephoning my son once he had left the hospital telling him the details were incorrect, we assumed that payment was declined. On 1st Nov an international payment to the hospital of £3000 went from my card I immediately rang the company & they told me I had received the wrong advice on 30th & the card should have been stopped, he gave me £50 compensation for the inconvenience of the telephone calls & the wrong advise. I was given a dispute number & told I would be contacted within 7 days. I missed 3 calls from the credit card company yesterday from a number that I cannot ring back, it tells me I have to wait for them to ring me. I have had several conversations with the credit card customer services all giving me conflicting advice. Please could you advise me if you feel I would stand a chance of getting this money refunded given the written evidence & the telephone request to not honour the payment?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
thank you
Expert:  Ben Jones replied 1 year ago.

Based on what you have described, what would be the ideal outcome for you so that I can advise you of your options?

Customer: replied 1 year ago.
for the money to be refunded to my credit card
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The law only allows you to withdraw your consent and stop a future payment under a continuous payment authority, which is basically a recurring payment like memberships, etc. It does not apply to payments for good or services, such as what you paid for in your situation. So if you had given your credit card details to the other party, you have basically given them authority to charge the payments to your card.

However, you did speak directly to the card provider and received assurance that no payments will be made. Whether they had the authority to make such promises is another matter, I can’t say who made that promise and how much knowledge they had about this or if they could have even made such a promise in their position.

The complexity is also compounded because the transaction was made in Turkey where you simply do not have the same laws and protection as if it had been done here. There are regulators, courts, etc which you could have relied on here to challenge the other party but in the circumstances your only realistic option is to challenge the card provider.

It is too early to say if this will be resolved or not – the card provider is still dealing with this and you have more options available to you if needed. First of all you need to go through their full complaints procedure up to the point where they have issued their final decision. After that you have the option of going to the Financial Ombudsman who can look at this for you for free and issue a binding decision. Finally you have the small claims court which is a relatively low risk option to give it one final attempt.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to follow should you have to go down the final option of the small claims court. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.