XL holiday issue

Cate

New Member
Sep 17, 2008
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Hi SteveD - have advised Ian L to get in touch with you and hopefully he will furnish you with more info - it's really strange that he got £500 less than he expected!!! Told him to get in touch with you and hopefully we can find out why. Thanks Steve - Cate
 

Ian L

New Member
Nov 25, 2008
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Hi all,

Good news !

I sent an email to the contact that Lettledeb gave me and this lady was kind enought to telephone me this morning. Although the figures didn't tally up, she thought that I have been shorted due to having purchased theme park tickets on a separate order and they weren't covered by ATOL. She did say that she would continue to investigate and about 5 minutes later a colleague of hers telephoned me to say that the missing £500 would be credited to my account next Monday !! I didn't ask any questions, It's probably best not to just incase someone has dropped a clanger and gets embarrassed.

A big thankyou to Littledeb !!

For anyone who is having difficulty, just keep trying, and best of luck to all of you in your quest for what is rightly yours.

All the best,

Ian L
 

Cate

New Member
Sep 17, 2008
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so happy for you Ian L!!!! These forums are fab for finding solutions!!! I will tell SteveD you're sorted!! Cate
 

Cate

New Member
Sep 17, 2008
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Steve - Ian L is sorted - thanks to Debbie it seems- aren't these forums fab for finding solutions??? So - don't worry!!!! Thanks Steve - Cate
 

Cate

New Member
Sep 17, 2008
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Steve - Ian L is sorted - thanks to Debbie it seems- aren't these forums fab for finding solutions??? So - don't worry!!!! Thanks Steve - Cate
Hi SteveD - remember me??? Cate??? I'm still waiting for Atol to pay out - I got the acknowledgement on 23 October - saying it would be 12 weeks for the payout. Well, 12 weeks passed, and nothing, then Xmas, then I thought maybe another week after that, so I rang them this morning (Mond 12 Jan), and Jane informed me 60,000 claims have been diverted to a Chichester office, claims are taking longer to process, but when she checked my claim number, she then stated that they cannot pay out the cheques, even though some payments have already been made before Xmas, till the CAA London gives them the go-ahead!!! Something to do with the bond holders approving the money!!!!! What money?? Our money??? Steve, have they run out of money in this current climate?? Can you find out what on earth is going on????? Thank you!!! Jane said, wait another 2 weeks and if nothing happens give us another ring??? To be kept hanging on another 20-30mins before somebody even answers???? I have been away twice already thinking I will utilize the money from my XL flights, but every time I have had to find new money!!!! I'm so sick of waiting for this small cheque. Please help me Steve!!! Cate
 

steved

New Member
Sep 17, 2008
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Hi Cate, I cant imagine what the delay is. We have heard of some people being paid, but we have also heard of plenty that are still waiting.

The CAA started asking us, a few weeks back, booking by booking (remember we have nearly 8000) for confirmation of how much we had paid Freedom Flights/XL for the booking before they went bust.

This was information we had to put on the form you sent to us before we forwarded to them, so they already had it.

We eventually spoke to someone and sent them a data file from our bank confirming all the payments.

I know nothing more than you are not the only one I'm afraid. You have to wonder if this ATOL protection is all it is cracked up to be. The tour operators are telling us all to make sure we have it, even on tv adverts now, trying to scare all the diy'ers. Doesnt look like they like paying out though.

We have started offering Total Financial Protection where you get a refund if one of the suppliers you use on your tailor made holiday booking goes bust. As it is insurance, we will get ok to refund almost immediately, unless you have booked an ATOl flight that is...

Steve
 

Cate

New Member
Sep 17, 2008
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Hi Steve, I also submitted an email to Jackson Piers - here's what he wrote "Before addressing your actual claim, it might be helpful for me to provide some background info on the Air Travel Organiser's Licence (ATOL) scheme. Firms selling flight accomm in the UK are req to hold an ATOL. As a condition of the Civil Aviation Authority (CAA) granting this licence, these firms are required to arrange a bond for a specified amount with a bank or insurance company or to pay fixed contributions on behalf of their customers into a fund known as the ATOL Protection Contribution (APC). If the firm fails the CAA can invoke the bond, if applicable, or draw upon funds from the APC to ensure that every customer with a valid claim is refunded.
When spending APC or bond money CMD adheres to a publicly available doc: the Air Travel Trust Fund Payment Policy. This stipulates the information and evidence req to settle claims. In this regard, the CAA must be satisfied that firms, when acting on behalf of Licence holders, properly disclose the Licence holder on whose behalf they have sold a flight or flight inclusive package. To this end, travel agents must issue an ATOL Receipt within 24 hours of taking payment from the customer. An agent does not meet this requirement by merely issuing tickets or providing the necessary paperwork after the Licence holder has failed. The CAA must also be satisfied that the agent did not create its own package by selling a flight booked through the failed Licence holder in combination with another service.
Putting the above into the context of your claim, CMD staff needed to be satisfied that your travel agent properly disclosed that it acted as an agent of Freedom Flights Ltd when it accepted your money.
Your claim was further delayed by the fact that the CAA was also seeking legal advice after it became apparent from claims that some travel agents created their own package holidays by selling other components with the flights sourced through Freedom Flights Ltd. This matter was resolved on 12 December when the Air Travel Trust announced it would settle claims where agents sold other Licence holders' flight products in combination with other services but would reclaim monies spent from the agents in question. Therefore, to make payment to you we require you to sign an assignment form and return it to us. This will be forwarded to you under separate cover shortly and will enable us to reclaim funds from your travel agent in due course. Once we receive this I will ensure that your claim is settled without further delay. Kind Regards. Piers Jackson"

So Steve, apparently, you are going to get 8000 forms signed from each of us and sent back to reclaim money from your travel agency!!!!! This farce goes on and on, why was legal intervention needed - such as in your travel agency case - when you sent them a disc with all our names and monies we paid, when all they had to do was cross check each claim against the list, and pay us the money!!!!! It seems to me they are trying to wrangle out of paying us - by delaying tactics, so that we give up in the end!!! But they don't know me - if it was only £10 I wouldn't give them the satisfaction of letting them get away with it either!!!!! What annoys me most is the Thomas Cook advert going out now - about "your money is fully protected by ATOL......." oh yes - do they tell people though how long it takes to get the money back if airlines fail???? Do they mention us, the XL victims, who are still waiting to be paid??? No - of course they don't - that's what makes me so angry!!!!! Thanks Steve for reading this. Cate
 

steved

New Member
Sep 17, 2008
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Hi Cate, what he means is the CAA are going to pay you but you then need to sign a form confirming you have been paid and then the CAA will take up the matter with us (TravelRepublic) in what ever way they see fit (which I had better not discuss too much in view of possible legal implications).

If I hear of any more movement on the payments I will be back on to advise. I cant think it can be much longer now though!

Steve
 

Cate

New Member
Sep 17, 2008
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Thank you so much Steve for your prompt reply (as always). Hope I didn't get you in trouble - though I can't see TR has done anything wrong!!!! Hope we will get some action now!!! Thanks again - Cate
 

Cate

New Member
Sep 17, 2008
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Hi Steve, it's the 24th Jan and still nothing!!! I believe we're not going to get anything now, they will say it's the fault of the credit crunch - the pot is empty!!! Has anybody else got any payment since Sep - Nov????? I really think I should have claimed off my visa - they asked me if I wanted to persue the claim way back early December!!! I told them ATOL was dealing with it!!!!! It's perverse that travel firms are re-assuring travellers their holiday money is safe, Atol protected - what they don't tell customers is how long they would have to wait if an airline goes bust!!!! Thank you Steve for getting us the accomm money so fast, I'm really grateful to you for that.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
Claiming on Visa

Long time no see - the credit card company remain to be jointly and severally liable under section 75 of the Consumer Credit Act. You still have the option to pursue this

Tony
 

Cate

New Member
Sep 17, 2008
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Hi Tony - thanks for reply - but if I start visa card claim (I have the form and copies of documents and original plane tickets still with me) would it set back the Atol claim - especially if they are ready to start paying out??? Can I be paid twice in transit, and then return one payment? I keep the first payment and if I get paid again I return the second payment? What do you think?? On another note, I have to this day heard nothing more from my gym probs, they haven't even had the decency to answer the registered letter I sent them in late November, do you think they are going to hit me still?
 

davegt576

New Member
Jan 27, 2009
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XL Customer

Hi,

I am new to this and wonder if you can help. I have searched the posts but it doesn't appear that the issue I have has not been raised. Apologies if it has!

I am an XL customer as flights were booked direct with xl.com. However the money was collected from my bank account by Freedom Flights. I put in a claim with ATOL and have spoken to them recently and they advised that a decision has not been made as yet whether claims will be paid out as meetings are apparently still taking place. They advised to call in a few weeks for an update.

It appears that the flights were booked through xl but were purchased from Freedom flights, hence Freedom flights collecting the payment.

I am hoping that as the flights were sold by Freedom Flights I would be covered by ATOL.

Any comments would be appreciated.

Thanks

Dave
 

steved

New Member
Sep 17, 2008
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Hi Dave, that is interesting. I cant comment on whether you will be paid by ATOL, but can advise that Freedom Flights only sold to travel agencies. Find it strange that the payment shows as being direct from you to them. You can never know how companies administer their business know can you!

Keep us posted as to what happens.

Steve
 

Cate

New Member
Sep 17, 2008
65
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Hi - welcome to the XL forum - many of us on this site have been sharing our thoughts since September, when XL went bust!!! I personally booked through TravelRepublic - flights with XL airlines - Freedom Flights - and I submitted the Atol form in early October, we had to send it to TR so they endorsed our payments, and then they sent it on to Atol. I got my acknowledgement on 23 October, I got a number, and a letter to say that my claim will now take 12 weeks to process - and please don't email or ring as it will delay claims further....blah blah blah, we have over 60000 claims, 20000 alone with TR - but I did email to ask why did my cheque not arrive on 5 Jan??? They have since been very cagey - the bond has to be approved, we have meetings going on, we had a resolution on 12 Dec where we have approved payment(did that mean that before 12 Dec they were undecided about paying us at all?) and so on.... We had a stalwart from TR working with us, and he is still trying, but I have come to the conclusion they are using excuses so as not to pay us - I'm disgusted cos the new Thomas Cook adverts extoll the virtue of Atol protected holidays, but what they don't say is how long (and whether or not) Atol will pay out!!!! All I can say is, keep looking at this XL forum and read all the comments, as I understood the last comment - Atol were going to send me a form to sign (to say I got the payment) and then they will claim back the money from the travel agency!!!!!! So if courts are going to be involved, I feel all hope is lost of ever being paid. I am going to resort to claiming off my visa - if you paid by visa I suggest you forget Atol, which has been messing me about for months, and claim through your visa card - I should have done that in October, they offered, and I stupidly said no, cos Atol were dealing with my claim!!!!! How wrong can you be!!!!! Hope my answer helps!!!
 

davegt576

New Member
Jan 27, 2009
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Thanks for you comments. Unfornunately our flights were paid for by debit card and I am unable to claim from my bank. The CAA claims department stated that I have to have a receipt with an ATOL number however the only receipt I have has no ATOL contribution as the receipt was from XL. My bank statement confirming Freedom flights debited my bank account is my only hope of being covered by ATOL!

Anyway it looks like it is still going to take a while yet before a decision is made!

Thanks again for your comments and any further assistance would be appreciated.

Dave
 

Cate

New Member
Sep 17, 2008
65
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Hi - I think you will find that you can still reclaim charges for debit cards from your bank - I'm sure if you read Martin money mail saver tips, he mentioned this a few weeks ago when the XL forum was at its highest!!! As long as it's more than £100 I think you can - but please ask Tony in this forum cos he knows a lot!!!!! Good luck Cate
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
XL Update from the BBC

Eighty five thousand people were stranded at their resort, and a further 200,000 passengers saw future holiday plans disrupted when XL, Britain's 3rd biggest operator went bankrupt in September.

Many of these were Working lunch viewers - and many have contacted the program since with strong views about how long it is taking to get their money back under the Civil Aviation Authority's ATOL (Air Travel Organizers Licence) bonding scheme.

Andrew Orchard and Mark Saywell filed their claims last September. Andrew was going to the island of Kos in Greece with his wife; Mark was part of a 26 strong scuba diving group to Egypt.

Not only have they not received their money, their complaint - typical of other passengers that contacted us - is that they have had little communication about when they might be paid.

'Unprecedented' scale

The CAA says it has had a huge task in front of it. XL was the UK's third biggest tour operator, and it calls the refund process "unprecedented" in its scale.

"The subsequent process for dealing with customers with advance bookings is the largest the Civil Aviation Authority has had to undertake", says the CAA in a statement. "We engaged two external claims handling agents in October to process these claims on our behalf."
From: BBC NEWS | Programmes | Working Lunch | XL update