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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I booked a Guesthouse in Blackpool in September 2012 for a

Customer Question

I booked a Guesthouse in Blackpool in September 2012 for a break in August 2013
It was for 6 adults in two rooms for two nights at a total cost of £560. The owner of the property called to confirm the booking was mixed adults and told me I couldn't cancel, should I want to go ahead. After consulting my friends it was agreed and I confirmed the booking. £560 was then took out of my bank account in September 2012. By April 2013 some of my friends started creating problems one thing lead to another and in the end I decided to cancel the booking. I wrote and the owner called me on a Sunday. She had me in tears saying I couldn't cancel and I'd lose all my money. I went on the website again and read the terms and conditions, believing she could only take a pro-rata part payment as a deposit which I though was only fair and she could re-let the property/rooms. I wrote cancelling giving her 5 weeks and 4 days notice. I have been chasing my money for some time and have consulted Trading Standard and CAB and was advised to write saying this and that. I did receive a cheque for £160 but I am out of pocket by £400. Eventually in a phone call to the CAB I was told that the law was in her favour and I was NOT entitled to a refund. Is this true?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was it a deposit or the full amount you paid please?
JACUSTOMER-f38zvnrc- :

I thought I was paying a deposit but the owner took the FULL amount

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Can I clarify anything for you about this today please?
JACUSTOMER-f38zvnrc- :

Yes...I have been told that I cannot claim and if I try I will lose.

JACUSTOMER-f38zvnrc- :

Under British Law I do not have a right to cancel a booking and the law is on the property owners side and that I should have taken out cancellation insurance. Is his correct. If this is the case I do not what to fork out more money if I am going to lose!

Alex Watts : Not necessarily. You may lose a deposit but not the whole amount,.
Alex Watts : Even then you would only lose the deposit if you were told it was non red able.
Alex Watts : refundable.
Alex Watts : If they did not tell you then it can be refunded in full
Alex Watts : Does this help?
Alex Watts :

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