I'm a bit confused too. If it was a FC shop you booked it in they authorise the payments online when in your file, so as soon as the wrong amount was authorised by the bank your file would have stood in a massive minus figure (meaning you had overpaid) which, if they hadnt noticed straight away, got onto streamline and reversed the authorisation, would have shown on the next day's managers/assistant manager's reports that the file was massively overpaid. (I worked for First Choice in a shop for 8 years)

I agree that cancelling your holiday was a bit drastic and I'm sure , given the circumstances and if you change your mind there is a way to get it reinstated at the original cost as long as the seats are still available. On the other hand I can also see why you would demand a full refund... but how did you manged to get a full refund within 4 weeks of travel? Even if the person who took your payment did make an error I would have thought you would have been still bound by the terms and conditions of your holiday booking. All they had to do legally is give you your refund plus a gesture of goodwill toward your bank charges and maybe your upgraded seats.

I'm also a bit worried about your bank authorising such a massive debit card payment when there wasnt that much in funds in the account. We very often get cards declined where I work for people trying to go maybe 20 or 30 pounds over what's available in their account and most transactions over 5000 get flagged up for telephone authorisation.

Anyway, I hope you get it sorted.

The banks actions are very odd, I pay a largeish bill by phone 3 times a year. Have been doing so for years and yet they will never put this through without a supervisor ringing me back. The bank seem to be culpable as well in this instance.

Doe

AgentQ

but how did you manged to get a full refund within 4 weeks of travel? Even if the person who took your payment did make an error I would have thought you would have been still bound by the terms and conditions of your holiday booking. All they had to do legally is give you your refund plus a gesture of goodwill toward your bank charges and maybe your upgraded seats.

I had the same thought about cancellation at this late stage, maybe micky's case is different as the T/O has made an error.
If they are willing to allow a full refund within 28 days (7th April to 5th May) when their T&Cs state you'd lose 70% of the holiday cost it seems to indicate they have accepted they have made a mistake.
But in that case, why has the refund not been fast-tracked?
Surely FC would be saying 'Oh bugger! We've really cocked this upgrade request up, let's shove the money back into the customer's account pdq'. Or am I being naive?

micky
you say you've cancelled the holiday but have you actually put this in writing?
I know this situation is different to normal and you have a (very valid) dispute with First Choice but FC's T&Cs state that cancellation of an entire holiday must be in writing by recorded delivery.
I know that you're probably dealing with a different department from the one that despatches tickets but it would worry me that I'd received tickets for a holiday that I've cancelled.

After all this undeserved hassle, I wouldn't like to see you have to pay 70% (or more) of the holiday cost as a cancellation charge.

Good luck with the Bank tomorrow.

Polly

We got a full refund because First choice are at fault and they say that this is on their system. All I can do for now is take there word for it. Like I said an addmission of guilt on their part! I booked the hol online but upgraded the seat on the telephone as it couldnt be added on after booking online. This is the problem when you use a bank card over the phone, the person on the other end can type any amount in and you wouldnt know any different, untill something like this happens anyway. I wont ever use my card over the phone again. Lesson learnt I suppose. The tickets were dispatched before cancelling. If I type my hol ref online at first chioce it says that our holiday has been cancelled.

Well, that's good news about the cancellation.
And, the fact they have the error documented as their fault bodes well for when you claim for the charges you've incurred through no fault of your own.

I'm not sure that you'll get anywhere with the compensation claim for distress but it's worth a try.

I'd like to be a fly in the wall when you speak to your Bank tomorrow.
Does the Bank have your telephone number? If the £7k was debited on 7th April resulting in a massive overdraft, I'd query whether they could have contacted you quicker than sending a letter out which you didn't receive until 11th April.

A bit late for you now but one way to ensure that if something like this ever happens again, you're aware of it sooner is to register for internet banking and check your account balance regularly.
I do this for my current account and all my credit cards on a daily basis.
It wouldn't have stopped FC taking the incorrect money and it wouldn't have stopped you going overdrawn but you would have found out about this problem a few days earlier.
Of course, not everybody has the time, especially with kids.
Just a thought.

Polly

Maybe next time consider getting an agent to book the holiday for you? As I've said in previous posts you could have booked for the same price and maybe saved yourself a lot of hassle.

Glad the cancellation is done without charges though. You've been very lucky they've not stuck to their guns and not moved on cancellation.

I think if they had added cancellation charges I would have personally gone to their head office in Crawley with the news papers to discuss it further. I found out the name of the company director of FC ( whom I will write to personally) and even where he likes to dine out. Was thinking of checking if there was a reservation booked for him and going there sitting at his table in the resaurant and asking him to feed our family as his company have my money and Im not able to do so. Maybe Ill save that for another time

There seems to be a lot of protesting and accusations of theft - FC have stolen all my money.

No they have not. Someone has made an error and charged you incorrect. That is a completely different thing.

Some years ago in error my building society took a massive payment on my then mortgage. It was not stolen, someone pressed the wrong button.

It was refunded together with the bank charges I incurred because of their action.

People do make mistakes and yes, unfortunately it can cause serious problems.

I am rather surprised that your bank actually allowed the transaction to go through unless you have an agreed overdraft limit as high. You should be asking questions of them as well as FC.

If they had refused then either someone at FC would have realised that an incorrect amount has been requested or contacted you.

The correct procedure for refunding monies is in the same way it was paid in the first place. In the case of a credit or debit card it would be refunded that way.

You should also consider that our banking system has a strange way of handling payments. It goes into a "Black Hole" and emerges several days later, although it comes out of your account instantly.

Even if someone had immediately actioned the payment you would not see it for at least three working days.

If you have incurred penalties because they have taken an incorrect amount they should reimburse you accordingly. Discuss this first with your bank and then FC.

With regard to your cancellation then that is a matter between you and FC. I do find it rather strange that they have agreed without penalty.

Are you sure they have actually cancelled it or just agreed the error and are refunding the overpayment.

I suggest you contact them and confirm this as you already have the tickets. If not you could find yourself losing the holiday and the money that you paid for it.

First Choice is a reputable company. They employ people to do a job. Sometimes those people make mistakes.

It happens in every business. It is a human failing, we are not all perfect.

fwh

fhw
I think in fairness, the OP said once that FC had stolen her money and that quote was reproduced in a couple of replies.

I do agree with you that this was an error and as you say, mistakes do sometimes happen.
But from what the OP says First Choice don't seem to be rushing to put this error right.

The refund has been sent to their account dept and depending on how busy they are as to when I get a full refund, holiday cost included (an admission of guilt on its own!).

As it was their (admitted) mistake and is for such a large amount of money, I would have thought that someone at FC would fast-track this refund. There are ways of electronically transferring money quicker than BACS.

Like you, AgentQ and I expressed surprise about the full refund at this late stage, but the OP seems certain that FC are refunding the total holiday cost plus the amount that they took incorrectly.

Hopefully, once micky has spoken to the Bank and FC she'll let us know the outcome.

Polly

Spoke to finance dept today, laughable now. If I didnt laugh I would surely break down. They can refund some of the money but not all of it as cards have since expired so theyll send me a form and then Ill send it back and they will give me a refund at some point. I was told " I will do this when I am not busy, yours isnt the only refund I have to deal with" Now thats good old customer service for you!!

I don't understand that as when a bank card expires it is re-issued with the same number so it is still a valid account, so why should it make any difference.

First Choice certainly seem to be being very difficult over something that was their error and to the tune of 7000 pounds.

I'd be tempted to write to Jessica Gorst-Williams at the Telegraph, sometimes the power of the press can help. These companies don't like their name in print in this sort of negative way.

Your tale has really put me off of paying by bank card at least by credit card, it isn't my money they are clinging on to.

Hang on a sec... Bank cards expire at the end of the month... you said you paid this on the 4th April.. It's now the 14th. Is someone pulling your leg?

This all seems a bit odd to me.

Thats true. Very strange.

micky
if events have happened exactly as you've described in this thread, I think the time has come to take the advice that Fiona gave you on Saturday:

that is shocking. I think it is time to give Ros a phone.

Quote:
We have teamed up with Ros Fernihough, Travel Law Solicitor, to provide the best information available.

Ros has offered our members free impartial legal advice. Please note that Ros does not read or post on this board any contact to her must be made via :-

Tel :- 01922 621114

I found another post (also about First Choice and an outstanding refund) and that poster appeared to have had a positive conversation with Ros's office.
There's no update on it though so either it's still ongoing or as sometimes happens on this specific forum, the OP doesn't update with the final outcome.
I've bumped that up so you can read it.

good luck
Polly

Well they can refund some of the money but not all the money at the mo as the holiday cost was on cards used ages ago which have now expired. I should at least get some money back by the end of the week but I am not holding my breath. It is beacuse with a debit transaction the long card number is used and once this changes (when you get a new card) they cant refund what got taken off there apparantly. I dont doubt that this is true but there must be other means of a refund. Still no apology for leaving us penniless all week though!

What is it with large organisations? They can take the money in an instant but when it comes to giving it back they seem to find it nigh on impossible. The logical thing would seem to be, since a debit card takes it out of your current account unlike a credit card, even if the card has expired, it still relates to the same account so why can't they just do a BACS or CHAPS transfer? Seems simple, but in reality!!!??? Good luck Micky, I would be fuming by now- what have the bank got to say for themselves? As has been said they are at fault as well as the transaction should never have got through.

Best of luck- have you tried Ros, might be worth a phone call.

Pam

I still wouldn't buy what they said as they've taken £ 7000 from a card recently (I presume last week). So unless that card has suddenly expired I can't see why they can't credit it back now

Whether previous cards from which payments were made expired or not hasn't got anything to do with. It is the card they took the £ 7000 from that matters.

Mark

What a nightmare. Pleased you are at least getting some of the money transfered back to you. I really feel they should have found a way round this for you, after all they managed to incorrectly take the money from the card in the first place.

I take it that FC are refunding the £7000 taken last week as that was taken from your current debit card BUT that you are awaiting the actual cost of the holiday to be refunded as this was made on your old card which has since expired?

Sorry, it wasn't made very clear but I assume that that's about the gist of it?

Unfortunately refunds can only be made onto the cards they were paid with - that is the norm wherever you are including shops. I have personal experience of this - when I cancelled our airport parking one year, my old card had expired so they couldn't refund onto the new card. The long number was the same but the from to dates were different and it was kicked out of the system. I therefore had my refund sent to me by cheque.

And from the other side I work in retail and can confirm that we can only refund onto the card it was paid by and one of the reasons for this is to stop fraud.

To that end FC are acting correctly in only agreeing at this time to refund the £7000 onto your card and that's surely what you want as that's what's caused all the problems in the first place and will at least now mean you can pay bills and feed your kids.

Unfortunately becos' the remaining money due to you, is from the cancellation of your holiday that YOU requested - they don't HAVE to and more than likely WON'T rush to refund you! Expecting an instant refund for the cancellation is wishful thinking really. You WILL get it eventually but as it's from a cancellation they aren't going to rush it thru' - you'll join a pile of others wanting cancellation refunds as well.

Have you contacted your bank at all to give them a well deserved roasting - seeing that FC aren't the only ones at fault here.