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I'm probably taking Interval to small claims court

D

dominidude

TUG Member
Joined
Jan 15, 2015
Messages
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Location
maryland
I put a $300 deposit in Aug 2017 towards a cruise in Nov 2018 using Interval's travel agency, which is called WORLDWIDE VACATION & TRAVEL, INC.
I called to cancel the cruise and get my deposit back in Dec 2017.
I was entitled to my full refund because I was cancelling way before the 120 days before sailing.

Well, it seems they refunded the money to the wrong credit card.
I have no idea how that could happen, but it seems that have happened to me.

They claim they refunded the money to a credit card ending in 9741, and I have no credit card that ends in those four numbers. The credit card I used for the charge ends in 2303.

There is a twist to this story. WORLDWIDE doesnt handle the credit card processing. The credit card processing is handled completely by the cruise company (Norwegian cruise).

So the travel agency (WORLDWIDE) is saying that they didnt do anything wrong, it was the cruise company that screwed up the refund. The cruise company (Norwegian) is saying that they dont have any record of the transaction because I went through a travel agency, that I am not their customer and that I must go through the travel agency for anything having to do with that cruise.

The travel agency, the cruise company, and I have been at this since December, for over 45 days.

Today the travel agency sent me an email saying that the money was refunded by the cruise company, and that there is apparently nothing that the travel agency can do.

So it seems that my only way out of this mess is to sue WORLDWIDE VACATION & TRAVEL, INC., the parent company INTERVAL HOLDINGS, INC., and NCL America LLC.

I've never brought three companies simultaneously to small claims court, but it piques my curiosity.
 
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Did you call your cc company yet? I'd dispute the original $300 charge. Tell them your story and get a flag on the the original transaction. Then sit back to see what happens. Any time I've ever had to call either Citicard or Amex they've been very helpful -- even when it turned out a year later when I tried to re-load my cel phone that I'd been in the wrong. Got confused between our two phones and thought they were billing me twice, I paid again for the previous year so I could reload my phone for the next year.
 
clifffaith said:
Did you call your cc company yet? I'd dispute the original $300 charge. Tell them your story and get a flag on the the original transaction. Then sit back to see what happens. Any time I've ever had to call either Citicard or Amex they've been very helpful -- even when it turned out a year later when I tried to re-load my cel phone that I'd been in the wrong. Got confused between our two phones and thought they were billing me twice, I paid again for the previous year so I could reload my phone for the next year.
Click to expand...

Oh, yes, I thought of that, however...I cant do that because I closed that account in September. I called the bank any way to see if they could somehow help me last month in January, the bank rep said that my account was purged out, I dont appear in the system.
 
Maybe I am asking an obvious question and I am missing something... You used a credit card in August, closed in September, refund supposedly happened in Dec. I know you said the last 4 digitis don't even match... but wouldn't the refund have gone to your credit card that was closed in September? Maybe the money did flow back to the bank that issued the credit card but since it was closed, one of two things happened, money never got credited to your closed account or money went through and the bank pocketed the money.
 
I suspect the travel agency messed up the refund request or never made it.
Or the cruiseline refunded the $$ to the agency and the agency misapplied it.

A cruiseline would not refund you directly when an agency in involved.

Cruiselines treat the agency as the customer, barely acknowledging the traveller.
RCL wouldn't let me change my dining time without the agency doing the asking.

.
 
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VacationForever said:
Maybe I am asking an obvious question and I am missing something... You used a credit card in August, closed in September, refund supposedly happened in Dec. I know you said the last 4 digitis don't even match... but wouldn't the refund have gone to your credit card that was closed in September? Maybe the money did flow back to the bank that issued the credit card but since it was closed, one of two things happened, money never got credited to your closed account or money went through and the bank pocketed the money.
Click to expand...

Well, if the last 4 numbers matched, I'd say you might be on to something when you say that the bank may have pocketed the money. But neither the travel agency nor the cruise company are giving me the full card number used for the refund. If I had that full number I could figure out which bank to contact. My old bank says they have not received any money and even if they had, they would have returned it because I dont appear in their system.
 
I doubt any of these parties would show up for a $300 small claims suit.
 
RX8 said:
I doubt any of these parties would show up for a $300 small claims suit.
Click to expand...

I've gotten representatives from United Airlines, Marriott, and Samsung to show up to small claims court for $500, $400, and $200, respectively. If they dont show up the judge will rule against them by default.
 
dominidude said:
I've never done this, but it piques my curiosity.
Click to expand...

It appears from your last post you have done this before but maybe I'm missing something.

I believe you are completely correct and will get your refund, but since you closed the credit card you used for the booking, you made this way more difficult as a result.

Keep on it and you will get it back.





Sent from my M6 Note using Tapatalk
 
dominidude said:
I've gotten representatives from United Airlines, Marriott, and Samsung to show up to small claims court for $500, $400, and $200, respectively. If they dont show up the judge will rule against them by default.
Click to expand...

I guess they want to show up to limit their exposure to frivolous claims. How do you plan on proving that these charges went through on your credit card if you are unable to get a statement from the bank?
 
Chrispee said:
I guess they want to show up to limit their exposure to frivolous claims. How do you plan on proving that these charges went through on your credit card if you are unable to get a statement from the bank?
Click to expand...
I'm not sure what your question is.
if you are saying "statement" as in monthly statement, I have the bank statement showing the $300 charge in august.
If you are saying "statement" as in bring a bank rep in to testify, I am not sure I'm the one that needs to be doing that. If the bank kept the money, then both the travel agency and cruise line should be contacting the bank, and asking them what did they do with the money since I havent gotten it.
I'm not the one that needs to prove anything. They are the ones that need to prove that they gave me the money back.
 
dominidude said:
I'm not sure what your question is.
if you are saying "statement" as in monthly statement, I have the bank statement showing the $300 charge in august.
If you are saying "statement" as in bring a bank rep in to testify, I am not sure I'm the one that needs to be doing that. If the bank kept the money, then both the travel agency and cruise line should be contacting the bank, and asking them what did they do with the money since I havent gotten it.
I'm not the one that needs to prove anything. They are the ones that need to prove that they gave me the money back.
Click to expand...
Is the bank statement a credit card statement with last 4 digits of your credit card?
 
Yes, I mean your credit card statement from the bank. Since you have the statement you would presumably know which of the two parties actually charged you as it would be on the statement. Have you submitted the paperwork to the company in question?
 
Didn't you get a confirmation email about the refund?
 
deleted
 
To the OP..Two questions, you charged $300.00 dollars to II for a cruise using a credit card?
Did you paid $300.00 dollars towards your credit card bill for the cruise and do you have your cancel bank check receipt or statement ?
Your II account should reflect all of your transactions and credit card transactions information.
 
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You could also file a complaint with your state department of consumer protection.

I did that recently when my airline reservations were changed and re-ticketed by the airline even though I had gone through a travel agency. I could not make the flight they changed me to. The third party travel agency said they weren't responsible to refund me because the airline re-ticketed the flight. The airline said they couldn't refund my CC because the travel agency paid them by e-check. The airline admitted their responsibly for the ticketing change, but couldn't refund my CC because that wasn't how they were paid, nor did they know the amount to refund. The third party travel a$$hole$, I mean agency refused to refund. As soon as I filed a complaint with the state department of consumer protection, they started to cooperate a little. I also filed a dispute with the CC company. When the CC reinstated the funds in my account, then they stated they would refund my money.
 
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What's wrong with getting an astute attorney taking the case on contingency and having them pay up for your very sad situation. Go to the big courts. They have wronged you way more than $300 and should pay for their lack of concern.
 
Hmmm. As I see it, you charged a deposit to a credit card. Then a month later, cancelled THAT card. Then 2 months later asked for a refund to the cancelled card. The travel agent passed through the charge, so the cruise line was left to refund the deposit- which probably went to the travel agent. You seem to have a record of taking various business entities to small claims court. (I've never even seen the inside of small claims court) Whether you'll get II, their travel agency or NCL to participate is questionable over a deposit, but I wish you well. Maybe someone will just give you a credit for a deposit on a future cruise.

Keep us posted. I'm curious as to how this will work out.

Jim
 
VacationForever said:
Is the bank statement a credit card statement with last 4 digits of your credit card?
Click to expand...
The bank statement says Norwegian cruise charged the $300 to my credit card account, and the last 4 of that card are not 9417, instead it is 2303.
However, I have a receipt from the Travel Agency saying that my $300 deposit towards the cruise was processed.
 
Chrispee said:
Yes, I mean your credit card statement from the bank. Since you have the statement you would presumably know which of the two parties actually charged you as it would be on the statement. Have you submitted the paperwork to the company in question?
Click to expand...
Yes, I submitted the paperwork to both the travel agency (which is wholly owned by II), and the cruise line (Norwegian).
It seems to me they didnt even look at it, because they kept insisting that the card ending in 9417 received the money, but like I said, I dont have or have had a card with those four digits.
 
mpumilia said:
Didn't you get a confirmation email about the refund?
Click to expand...
I got an email confirmation saying that a card ending in 9417 received a $300 refund. Like I said, that doesnt help me since I dont have a card or have had a card ending in those numbers.
 
SandyPGravel said:
You could also file a complaint with your state department of consumer protection.

I did that recently when my airline reservations were changed and re-ticketed by the airline even though I had gone through a travel agency. I could not make the flight they changed me to. The third party travel agency said they weren't responsible to refund me because the airline re-ticketed the flight. The airline said they couldn't refund my CC because the travel agency paid them by e-check. The airline admitted their responsibly for the ticketing change, but couldn't refund my CC because that wasn't how they were paid, nor did they know the amount to refund. The third party travel a$$hole$, I mean agency refused to refund. As soon as I filed a complaint with the state department of consumer protection, they started to cooperate a little. I also filed a dispute with the CC company. When the CC reinstated the funds in my account, then they stated they would refund my money.
Click to expand...
Thanks for the advice. It seems that travel agencies are middle people whose first reaction is to claim to not be responsible for travel arrangements and payments. That really puts me off from using them in the future.
 
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