During the Teletext refunds saga live stream, which can be viewed here: https://www.youtube.com/c/TheConsumerLawyer
I promised to supply templates for: i) Section 75 claims; ii) Chargeback claims; and iii) Small Claims Court. Please see below:
Note: These are generic templates and need to be tailored to your own personal circumstances.
SECTION 75 CLAIMS
Initial claim letter:
Dear Sirs
Credit card no: [insert no] (“My Credit Card”) Consumer Credit Act 1974 (as amended)
I am writing to make a section 75 claim.
- Background
1.1 On [date of purchase] I booked a holiday, via Truly Travel Limited (t/a Teletext Holidays) (“the Agent”), to commence on [date] (“the Holiday”).
1.2 The Holiday was a ‘package holiday’ and was therefore covered by the Package Travel and Linked Travel Arrangements Regulations 2018.
1.3 The cost of the Holiday was £[insert amount] and I paid for this using My Credit Card.
1.4 The Holiday has been cancelled due to the Covid-19 pandemic. Following this, I asked the Agent for a full cash refund. [My claim has been ignored] OR [My claim has been acknowledged but no payment date has been forthcoming.
- My Claim
2.1 In accordance with the Package Travel Regulations, the following terms were implied into the contract between myself and the Agent:
Termination of the package travel contract by the organiser
13.—(1) The provisions of this regulation are implied as a term in every package travel contract.
(2) Paragraph (3) applies where—
(a)the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract but not later than—
(i)in the case of trips lasting more than 6 days, 20 days before the start of the package;
(ii)in the case of trips lasting between 2 and 6 days, 7 days before the start of the package;
(iii)in the case of trips lasting less than 2 days, 48 hours before the start of the package; or
(b)the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.
(3) The organiser—
(a)may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package;
(b)is not liable for additional compensation.
Refunds in the event of termination
14.—(1) The provisions of this regulation are implied as a term in every package travel contract.
(2) Following a termination under regulation 12(2), the organiser must reimburse any payments made by or on behalf of the traveller, having deducted any termination fee.
(3) Any—
(a)reimbursement required under paragraph (2), or
(b)refund required pursuant to—
(i)regulation 12(8), or
(ii)a termination under regulation 13(3),
must be made to the traveller without undue delay and in any event not later than 14 days after the package travel contract is terminated.
2.2 In breach of contract (the implied terms under ss 13 and 14 of the Package Travel Regulations), the Agent has failed to provide me with a full refund within 14 days.
2.3 The Agent has stated that it will provide me with a full refund if and when the suppliers of the Holiday (namely the hotel and airline) provide it with a refund. However, neither the Package Travel Regulations, nor the contract between us, gives the Agent the legal right to withhold my refund on this basis.
2.4 As you supplied the credit for this purchase, I hold you jointly and severally liable for the breach of contract with the Supplier under section 75 of the Consumer Credit Act 1974.
You therefore have a duty to offer me the same solution to the problem as I have already asked the Agent to provide, namely a cash refund in the sum of £[amount].
Finally, I draw your attention to the statement released by the Competition and Markets Authority (CMA), which clearly expresses the view that holiday providers have a legal obligation to provide consumers with cash refunds. You can see the statement on the CMA website.
I look forward to receiving your response within the next 14 days.
Yours faithfully
[Your name]
If your section 75 claim is rejected
Many consumers who have experienced the above, and paid with their debit or credit card, have made a claim via the chargeback scheme, or made a section 75 claim. However, I am hearing that some of the bank/card providers have been rejecting claims, stating there is no entitlement to claim as there has been ‘no breach of contract’. This is incorrect and, if this applies to you, please go back and argue the point using my template below.
Dear Sirs
Credit card no: [insert no] (“My Credit Card”) Consumer Credit Act 1974 (as amended)
I contacted you on [ ] to make a a section 75 claim in relation to a package holiday booking with Truly Travel Limited (T/a Teletext Holidays). My claim was rejected on the basis that Teletext Holidays confirmed that it will provide my refund if and when it is refunded by the holiday suppliers.
This was not a valid reason to reject my claim as Teletext Holidays is clearly in breach of contract.
- Background
1.1 On [date of purchase] I booked a holiday, via Teletext Holidays (“the Agent”), to commence on [date] (“the Holiday”).
1.2 The Holiday was a ‘package holiday’ and was therefore covered by the Package Travel and Linked Travel Arrangements Regulations 2018.
1.3 The cost of the Holiday was £[insert amount] and I paid for this using My Credit Card.
1.4 The Holiday has been cancelled due to the Covid-19 pandemic. Following this, I asked the Agent for a full cash refund. [My claim has been ignored] OR [My claim has been acknowledged but no payment date has been forthcoming.
- My Claim
2.1 In accordance with the Package Travel Regulations, the following terms were implied into the contract between myself and the Agent:
Termination of the package travel contract by the organiser
13.—(1) The provisions of this regulation are implied as a term in every package travel contract.
(2) Paragraph (3) applies where—
(a)the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract but not later than—
(i)in the case of trips lasting more than 6 days, 20 days before the start of the package;
(ii)in the case of trips lasting between 2 and 6 days, 7 days before the start of the package;
(iii)in the case of trips lasting less than 2 days, 48 hours before the start of the package; or
(b)the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.
(3) The organiser—
(a)may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package;
(b)is not liable for additional compensation.
Refunds in the event of termination
14.—(1) The provisions of this regulation are implied as a term in every package travel contract.
(2) Following a termination under regulation 12(2), the organiser must reimburse any payments made by or on behalf of the traveller, having deducted any termination fee.
(3) Any—
(a)reimbursement required under paragraph (2), or
(b)refund required pursuant to—
(i)regulation 12(8), or
(ii)a termination under regulation 13(3),
must be made to the traveller without undue delay and in any event not later than 14 days after the package travel contract is terminated.
2.2 In breach of contract (the implied terms under ss 13 and 14 of the Package Travel Regulations), the Agent has failed to provide me with a full refund within 14 days.
2.3 The Agent has stated that it will provide me with a full refund if and when the suppliers of the Holiday (namely the hotel and airline) provide it with a refund. However, neither the Package Travel Regulations, nor the contract between us, gives the Agent the legal right to withhold my refund on this basis.
2.4 As you supplied the credit for this purchase, I hold you jointly and severally liable for the breach of contract with the Supplier under section 75 of the Consumer Credit Act 1974.
You therefore have a duty to offer me the same solution to the problem as I have already asked the Agent to provide, namely a cash refund in the sum of £[amount].
I therefore invite you to reconsider and accept my claim. I look forward to receiving your positive response within the next 14 days, failing which I shall lodge a claim with the Financial Ombudsman Service.
Yours faithfully
[Your name]
CHARGEBACK CLAIMS
You can use the same letters as above, replacing ‘section 75’ with ‘Chargeback claim’ and deleting reference to ‘Consumer Credit Act 1974’ (as this law does not apply to Chargeback claims).
SMALL CLAIMS COURT
If you issue legal proceedings in the Small Claims Court it is important that you name the correct defendant. With Teletext you should state ‘Truly Travel Limited (t/a Teletext Holidays)’. This is really important.
When asked to describe your claim you should do so as follows:
- Background
1.1 On [date of purchase] I booked a holiday, via the Defendant, to commence on [date] (“the Holiday”).
1.2 The Holiday was a ‘package holiday’ and was therefore covered by the Package Travel and Linked Travel Arrangements Regulations 2018.
1.3 The cost of the Holiday was £[insert amount].
1.4 The Holiday was cancelled due to the Covid-19 pandemic. Following this, I requested a full refund from the Defendant. [My claim has been ignored] OR [My claim has been acknowledged and the Defendant has therefore accepted the debt. In this respect I was promised payment, but to date no payment date has been forthcoming].
- My Claim
2.1 In accordance with the Package Travel Regulations, the following terms were implied into the contract between myself and the Defendant:
Termination of the package travel contract by the organiser
13.—(1) The provisions of this regulation are implied as a term in every package travel contract.
(2) Paragraph (3) applies where—
(a)the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract but not later than—
(i)in the case of trips lasting more than 6 days, 20 days before the start of the package;
(ii)in the case of trips lasting between 2 and 6 days, 7 days before the start of the package;
(iii)in the case of trips lasting less than 2 days, 48 hours before the start of the package; or
(b)the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.
(3) The organiser—
(a)may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package;
(b)is not liable for additional compensation.
Refunds in the event of termination
14.—(1) The provisions of this regulation are implied as a term in every package travel contract.
(2) Following a termination under regulation 12(2), the organiser must reimburse any payments made by or on behalf of the traveller, having deducted any termination fee.
(3) Any—
(a)reimbursement required under paragraph (2), or
(b)refund required pursuant to—
(i)regulation 12(8), or
(ii)a termination under regulation 13(3),
must be made to the traveller without undue delay and in any event not later than 14 days after the package travel contract is terminated.
2.2 In breach of contract (the implied terms under ss 13 and 14 of the Package Travel Regulations), the Defendant has failed to provide me with a full refund within 14 days or at all.
2.3 I am therefore claiming the sum of £[ ].
If you need any further help or would like to ask me a question, you can contact me via my live stream on YouTube Mondays 8pm or during the LBC Consumer Hour Fridays 9pm
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