By David Clegg

THE CREDIT card provider of a disgruntled flyWhoosh customer yesterday appeared to admit it was legally obliged to refund the cost of cancelled flights—but still insisted the matter would have to go to court.

Marks & Spencer Money was the issuer of a MasterCard used by St Andrews resident Ross Ward to book return flights from Dundee to Belfast on the ill-fated airline.

But the company has refused to refund his money as he did not apply within the 120 days specified in MasterCard’s terms and conditions.

Mr Ward (30) lost more than £300 and has also had little success in getting a refund from the company behind flyWhoosh, White Eagle Aviation (WEA).

After the matter was highlighted in Wednesday’s Courier, it was taken up by Dundee City Council trading standards team who said yesterday that Marks & Spencer Money was “equally liable” for Mr Ward’s loss.

A spokesperson said, “Under Section 75 of the Consumer Credit Act 1974, credit providers—that is, Marks & Spencer—are deemed to be equally liable for any breach of contract which has been financed by them, if between £100 and £30,000.

“In effect this allows the consumer to take a civil action against the credit provider for recovery of any losses.

“In Scotland there is a five-year limit on taking civil actions, regardless of a company’s terms and conditions. If any consumers want further advice on their rights, they can contact Consumer Direct on 08454 040506.”

Last night M&S Money maintained its previous position that as Mr Ward had not claimed the refund within 120 days, it would not pay out.

This is despite the fact the company appeared to accept the legal advice provided by trading standards. A spokesperson said they “couldn’t argue with it.”

The Courier understands M&S Money is sticking to its policy as it means a legal proof that the contract has been broken is required before it pays out.

The spokesperson added, “As previously stated, under MasterCard scheme rules, if a cardholder has a dispute relating to non- receipt of services, we must process a claim within 120 days of the date that the services are due to be rendered.

“The cardholder contacted us on June 23 to register his dispute, which means we were out of time to assist with his claim.

“We subsequently advised the customer to contact his local trading standards for further advice.”

Mr Ward said last night, “It seems a bit farcical that they seem to admit they will be liable but we’ll still have to go to court.

“It wastes our time, their time and tax payers’ money. It is absolutely ludicrous.”

It emerged yesterday that the Civil Aviation Authority are to seek legal advice on how they can pursue the Polish airline for other outstanding refunds.

The CAA have no official remit over Warsaw-based WEA but a spokesperson said they had been working behind the scenes to resolve the situation.

He added, “We are aware that refunds are still to be made and we are having a meeting with our lawyers to discuss our options next week. At the moment we are looking on what pressure we can apply on the company through channels at the EU.”

Nobody from WEA was available for comment last night. However, a message displayed on their website, addressing the flyWhoosh situation, states all outstanding refunds will be honoured.

Most people affected by cancelled flyWhoosh flights have managed to receive a refund through their credit card company.

FlyWhoosh ran flights from Dundee to Belfast and Birmingham but hit trouble last December when WEA ended its business relationship with the company, leaving them with no aircraft.