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ROBERT1

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  1. Working Lunch covered this today BBC NEWS | Programmes | Working Lunch | Thursday's Working Lunch In my case having paid Absolutely USA for the villa with a Visa debit card there is no legal requirement under the CCA 1974, however Visa have a creditback scheme whereby they will consider claims such as mine provided that there is proof of payments being made. As with any other scheme they are unlikely to pay anything if someone else can be held responsible. Absolutely USA were members of ABTA and therefore the 'extra' payment that was charged by Contempo is covered by ABTA and I should get a full refund. I have just spoken to ABTA and they have neither confirmed or denied this information, I'm now waiting for them to call me. When I spoke to them 2 days ago they said they had no liability and suggested I contacted the administrators for A-USA when they were appointed. Thank goodness for the power of the internet and the BBC of course. If there are any other twists I will update this thread.
  2. Thanks for the replies! I found an article on the BBC Working Lunch site that states if a debit card is used for payment that carries the Visa logo you have the same protection as a credit card. This is not bound by law but is a voluntary service provided by Visa. Will be contacting the bank today to establish their position. I aslo contacted Working Lunch via e-mail close to midnight last night, a researcher was on the phone at 9am this morning - Result! Will keep you updated but if anyone has any more info please keep it coming.
  3. Thanks Busby, However, the UK transaction was made with a debit card not a credit card and therefore as far as I'm aware does not come under the CCA and is effectively the same as paying with cash? Furthermore, the service I paid for was provided, but the actual provider is now charging me because they were not paid by the people who I paid and entered into the agreement with. Assuming my assumption above is correct all I can rely on is that the requirement to sign the form with Contempo when I arrived was an 'unfair term of contract' according to the CCA because I had already paid for a service but was being denied access to it until agreeing to sign a disclaimer by the actual service provider. It is something that is unlikely to withstand legal scrutiny because it is quite obvious that Contempo have made no effort to recover the money owed to them by A-USA and charged me 24 hours before the company officialy ceased trading. Contempo are stating that I should try and recover the money they have charged me from the Adminstrators for A-USA when they are appointed. They were obviusly aware of what was about to happen and charged me (and many other people who had booked through A-USA) before the official announcement was made. ABTA are stating the service was provided therefore they have no liability and recommend contacting the Administrator. Consumer Protection were unsure how an agreement signed in the USA affected the my rights under UK legislation. If my understanding of the credit Vs debit payment is wrong or you know of anything that could help my predicament I would be delighted to hear it!
  4. I paid for one week in a villa in Florida with Absolutely USA (UK company) and received a receipt for the full amount that was paid by debit card. When I arrived in Florida the rental company (Contempo Florida Vacations) would not issue the key until I signed a form stating amongst other things that I would pay the full amount of the villa if my travel operator didn't pay them. No signature, no key so I signed (long day with 4 children, and after all I had a receipt). On the day we checked out of the villa Contempo charged $800 to my credit card, the day after we checked out Absolutely USA went into liquidation. Am I right in thinking that under sec 75 of the 1974 Consumer Credit Act my credit card company have equal liability with Contempo regarding the default by Absolutely USA and the agreement I signed with Contempo is not legally binding because it was an 'unfair term of contract' under the CCA? Any comments advice will be gratefully received.
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