Hello my name is Alex and 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.
Was the original booking 'held' at all or was it just made the following day instead?
According the agent the flights etc were held but the price was not.
Good afternoon to you.
Did the agent confirm this at the time please?
Yes she confirmed that everything was in place and held. With the only thing left to do was physically pay.
Have you now paid the higher price?
Yes did that this afternoon. they reduced it now to an additional 194
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: 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.
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.
Clearly if it had been held then they are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing act with all reasonable skill and care
Can I clarify anything for you about this today please?
I sent an email to the manager and the agent who did the booking.
You should take the following steps above.
I read the ABTA T & C and they say to allow 28 days. for a response.you say I should go straight to the SCC if I do not get a response with 14days?
28 days is fine
You have 6 years to bring a claim
There is no rush for time limit
Can I clarify anything else for you please?
Is there any particular phrase/terminology I should use???
Not really you just need to set out your position in a clear and concise way.
Does that help?
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