Ask a Law Question, Get an Answer ASAP!
Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.
may I clarify one comment you make in your initial question please. You mentioned that " they subsequently asked for the deposit back". are you able to clarify who you mean by this statement please? Do you mean that Tots to travel asked for the deposit back from the villa agent before they went insolvent? if so, what evidence do you have of this?
may I enquire the reason MBNA have refused a refund?
thank you. They can be an issue in relation to credit card payments where you have paid an agent who has passed that money onto either another agent all the owner of the property because in those circumstances, the agent to whom you paid the money has fulfilled their obligation to pass on the money and therefore there is no breach of contract on their part. However, the circumstances here are different in that from what you describe, the deposit has been repaid to the insolvent agency prior to them going insolvent and as such, there is a claim available against the agency and therefore by extension, under section 75 of the consumer credit act against the credit card company.
Accordingly, you can invite the credit card company to re-examine their decision either informally or by a formal complaint and remind them of their obligations under section 75 consumer credit act and that the agency held your deposit paid by credit card at the time they became insolvent and as such, under section 75 consumer credit act, the credit card companies jointly liable for the refund of that deposit with the insolvent agency.
If the credit card company refuses to settle with you, you can escalate your complaint for independent determination to the financial ombudsman which can make a binding decision in the matter:
I hope the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.