Section 75.
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Original Poster:

3,588 posts

145 months

Thursday 28th July 2022
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I’m in a dilemma here.

Booked a cruise with Virgin through a travel agent that was cancelled.

As compensation I got 200% cruise credit on the back of which I booked another Virgin cruise using the same agent.

This new cruise has been showing as partly paid for weeks with only a few hundred pounds paid and the balance long overdue. I’ve been chasing the agent up wondering why it’s still unpaid and they in turn have been chasing Virgin.

Now I’ve discovered although I paid the original cruise in full and the travel agent says that money was in turn paid to Virgin their records don’t show the final payment. So I’ve only got 200% credit on the deposit which is a few hundred quid as opposed to several £k for the full cost of the cruise.

I’ve no reason to disbelieve the travel agent.

I’m hoping it will all get sorted but am glad I paid by credit card.

Do you think I should leave it as long as possible before I go for a section 75? Obviously I’d rather have the 200% credit for the holiday than my original money back.

Will the travel agent have any defence if I do go for a refund? If their records show they paid Virgin does it matter?

randlemarcus

13,646 posts

260 months

Thursday 28th July 2022
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Slightly unclear - whose records dont show the final payment? If it's Virgin, then the travel agent has a problem, as you can show a paper trail from your CC to the travel agent. If it's the travel agent, then your CC has a small problem, and S75 may solve that (though you might be in for some fun, due to the time)

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Original Poster:

3,588 posts

145 months

Thursday 28th July 2022
quotequote all
randlemarcus said:
Slightly unclear - whose records dont show the final payment? If it's Virgin, then the travel agent has a problem, as you can show a paper trail from your CC to the travel agent. If it's the travel agent, then your CC has a small problem, and S75 may solve that (though you might be in for some fun, due to the time)
The travel agent have paid Virgin. Presumably they have records to back that up.

Virgin doesn’t appear to have allocated that payment to the cruise.

randlemarcus

13,646 posts

260 months

Thursday 28th July 2022
quotequote all
The travel agent has a problem then. You should stand serenely by, in the full and certain expectation that your original costX cruise is being replaced by your new shiny cost2X cruise. That's your expectation, and communicate that to the travel agent. They now need to prove to Virgin that the rest of costX was paid to them, at the original time, so that X-deposit has magically become 2X-deposit, thus meaning the new cruise is paid for. If Virgin choose to argue, that argument is with the travel agent, not you.

BertBert

21,231 posts

240 months

Thursday 28th July 2022
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Basically as soon as you have exhausted reasonable efforts to resolve with the supplier (agent), then use sec 75.

randlemarcus

13,646 posts

260 months

Thursday 28th July 2022
quotequote all
BertBert said:
Basically as soon as you have exhausted reasonable efforts to resolve with the supplier (agent), then use sec 75.
Problem with that is it means he only gets x back, whereas he should have 2x value of Virgin cruise.

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Original Poster:

3,588 posts

145 months

Thursday 28th July 2022
quotequote all
randlemarcus said:
BertBert said:
Basically as soon as you have exhausted reasonable efforts to resolve with the supplier (agent), then use sec 75.
Problem with that is it means he only gets x back, whereas he should have 2x value of Virgin cruise.
Exactly.

Plus what I didn’t say as it wasn’t relevant is they also threw in a free cruise (excluding port taxes n stuff) as long as I rebook using the 200% cruise credit.

A simple section 75 loses in effect 3x what I paid.

So I’m trying to hold off as long as possible.

OutInTheShed

14,407 posts

55 months

Thursday 28th July 2022
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They are in deep poo and trying to keep the OP on board, offering double or quits.

The OP needs to decide. Double or Quit.

BertBert

21,231 posts

240 months

Thursday 28th July 2022
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Drawweight said:
Exactly.

Plus what I didn’t say as it wasn’t relevant is they also threw in a free cruise (excluding port taxes n stuff) as long as I rebook using the 200% cruise credit.

A simple section 75 loses in effect 3x what I paid.

So I’m trying to hold off as long as possible.
It's up to you, you asked for a view and got one! If you have made up your mind, not quite sure of the value of asking a bunch of us randoms on here!

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Original Poster:

3,588 posts

145 months

Friday 29th July 2022
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BertBert said:
It's up to you, you asked for a view and got one! If you have made up your mind, not quite sure of the value of asking a bunch of us randoms on here!
Quite possibly I’m leaning towards giving them a chance to sort it out.

My fear is if as a last resort I do a section 75 on the travel company they will simply say we have proof we paid Virgin so it’s not our fault. Go chase them for your money.

I’m not sure which way the credit card company will see it.

randlemarcus

13,646 posts

260 months

Friday 29th July 2022
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I see the S75 as the worst possible option. As above, right now, the agent has an accounting problem, and you simply need to smile, murmur some sympathetic words, and reiterate your position that you gave X, and you now expect 2X of value, and you dont care how that happens. The third cruise, the "free if you use Virgin bucks" one, you already have, even if the Virgin bucks are just the deposit, yes?

Porsche guy

3,465 posts

256 months

Friday 29th July 2022
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Please keep us updated OP

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Original Poster:

3,588 posts

145 months

Friday 29th July 2022
quotequote all
randlemarcus said:
I see the S75 as the worst possible option. As above, right now, the agent has an accounting problem, and you simply need to smile, murmur some sympathetic words, and reiterate your position that you gave X, and you now expect 2X of value, and you dont care how that happens. The third cruise, the "free if you use Virgin bucks" one, you already have, even if the Virgin bucks are just the deposit, yes?
Yes the ‘free’ cruise is already booked for the week before the 200% cruise credit one so it’s essentially a back to back. If I do the section 75 I’m assuming I’ll lose that as I haven’t taken the 200% one within 12 months which was a condition of the offer.

I’m hoping as you say it’s the agents problem and they don’t try to put the blame and financial responsibility onto the cruise company.

mattyprice4004

1,342 posts

203 months

Friday 29th July 2022
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It honestly doesn't sound like your problem - you paid, you can prove you paid and the TA need to sort it out with Virgin.

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Original Poster:

3,588 posts

145 months

Wednesday 21st September 2022
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That was July, it's now September and a week today before I fly out to start my holiday and it's not sorted yet.

Seemingly as I found out through Virgin chat, because I booked another cruise almost immediately Virgin had refunded Iglu the original cost of the cruise and used the other 100% refund to go towards the new cruise.

So the new cruise is 50% paid due to the Virgin contribution but there is still a balance to pay which Iglu have had in their hands for months but can't (according to them) coordinate the payment to Virgin.

I got hold of the CEO's email and emailed a couple of times which has poked them up a bit but still no final resolution.

I wrote this morning again to the CEO saying because on my account with Virgin there is a 'Pay the balance now' option they have till Monday or I'll pay it myself and pursue them for the cost.

I can't see that I have any other choice.

SydneyBridge

11,696 posts

187 months

Wednesday 21st September 2022
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Not sure if S.75 will work anyway as you booked through an agent