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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In April 2013 I paid a deposit of £450 for an apartment rental

Resolved Question:

In April 2013 I paid a deposit of £450 for an apartment rental in Tenerife. It was done via Holiday Lettings website - and the apartment was rented out by HolidaysInApartments.
The holiday was to have been in January 2014.
I heard nothing back by early December 2013 when the balance was due and after making enquiries -discovered that the apartment was no longer available and that HolidaysInApartments had ceased using Holiday Lettings website in the summer; additionally HolidaysInApartments had had a " revamp" and that part of it had moved away from the original company - though still part of the Feriae Umberella company (Complicated)
However the Agent said they were to get me alternative - fine - however kept putting me off. I then received request to pay the balance via PayPal - which I did not do as things did not seem right. After much deliberation they said did I wish to cancel - if so under circumstances could have a refund. I have E mail to this effect . Later was then was told by one of their Managers that it was not their policy to refund.
Alternative was that I could use the deposit for a future booking with them
I gave them dates and areas that would be suitable - however still nothing.
(On the strength of them saying I could have a refund I booked alternative accommodation in January) as had flights etc booked.
Think I have been more than patient - so please advise if I could recoup this money through the Small Claims Court - Regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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 : Is the company you paid based in the uk please?
Customer:

The Feriae Experior Group is not - however there is an Ashford Branch/Office whom I have spoken to (Tel XXXXXXXXXXX

Alex Watts : But who did you pay? The uk branch or offshore?
Alex Watts : How did you pay for the deposit?
Customer:

I paid through PayPal to the Feriae Group

Alex Watts : Did you raise a dispute with paypal?
Customer:

No - Because PayPal will only deal with disputes within 3 Months of payment - and this problem did not come to light until December (I paid deposit in April)

Alex Watts : Ok.
Alex Watts : In that case you can sue but you need to sue the company you paid.
Alex Watts : There of the Feriae Group have a uk branch you can sue that,
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 signed delivery and keep a copy.
Customer:

Is that possible seeing as the Feriae Group are Spanish based ?

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 : Yes, you can sue and get a European enforcement order, they are part of the EU
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. 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.
Customer:

Thankyou

Alex Watts :

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