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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Booked a holiday with Dial-a-flight ordered a twin room junior

Resolved Question:

Booked a holiday with Dial-a-flight ordered a twin room junior suite. Got a double with sofa bed. This was supposed to be a luxury over £4,000 holiday for a week in Turks and Caicos. Hotel has no twin rooms on the complex. Travel agent said it was on request? We would have stayed at another hotel had we been told there was no twin rooms. The sofa bed when opened came across the double windows to the balcony so we could not access the balcony without climbing over the sofa bed. Ordered 2 gluten free meals with American Airlines had no food both ways for nine hours. I can't get anywhere with the hotel or travel agent. Sue Thurlow @[email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello Sue 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

How did you pay for the holiday please?

Customer:

I paid with a credit card Natwest. When I booked this holiday I advised the agent that I had booked a hotel in St. Lucia but they could not guarantee me a twin room on arrival and we might have to move room or have a single bed put in the room. I did not like the sound of this so I cancelled the holiday. Being there only for one week and having to change rooms move clothes etc did not appeal. The agent was therefore aware that only a twin room would do. He originally made a mistake and booked The Regent Grand in Turks and Caicos when I had asked him to book The Regent Palms he said this was a back office mistake. I eventually received his confirmation that a junior suite had been booked but there was no mention of twin beds so I asked him to make sure the hotel had this information as I did not want to be sleeping with my daughter. I feel I am being fobbed off and nobody will accept responsibility. In my book a "twin" room is not a double befdand a sofa bed especially in a five star hotel.

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.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

As you paid by credit card you should also inform Natwest as they are jointly liable for this under Section 75 of the Consumer Credit Act 1974

Alex Watts :

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.

Alex Watts :

You should name the holiday company as first defendant and Natwest card as second defendnat.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Many thanks for your news. I will act upon the above information with kind regards XXXXX XXXXX

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer:

Hi Alex, I have been away for two days and received a letter from Lotus Group who are connected with Dial a Flight as you said they do not accept responsibility. I was wondering whether you might be interested in taking on this case on a no win no fee basis, if we win we could split the refund 50%-50%. I have all relevan paperwork. Regards Sue

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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