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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I booked a holiday over the phone for 5 adults going to turkey

Resolved Question:

I booked a holiday over the phone for 5 adults going to turkey next year I requested 3 appartments and was quoted a higher price than on the website for this but agreed to pay the differance this was booked on the 04/1014. When I received confirmation I realised that they had only booked 2 appartments I called them as soon as I realised this and was advised they would look into it and call me back as the calls are recorded. They did not contact me and I have been the one chasing them since then. I keep getting emails telling they are dealing with it when I have spoken to them on the phone they refuse to let me speak to a supervisor , I requested a copy of the call I made to book the holiday as I am 100% positive I asked several times that it was booked for 3 appartments which after 15 or more emails they replied by email to say they would sent this to me . I was supposed to recieve this 2 weeks ago but did not so again I emailed them and received a 2nd email last week to say that it had been resent and again I have not recieved it.
They have been rude accused me and the rest of the family of lying ! I have given them all the information they have asked me for regarding the phone number the call was made from regarding the booking. I have asked them repeatedly to call me and not my father who is nearly 80 and does not need the stress and I was the one who made the call although the other members of the party were there at the time . I have given them my mobile number and my home number and the hours I work to make it as easy as possible.
I am now at a loss as to what to do next , it is not that we cannot afford to pay for another appartments but on principal I do not see why I should have to. If we had been prepared to settle for 2 appartments in the first instance the holiday would have been cheaper but we wanted 3 and the price I was quoted was for that.
Can you help please
Regards
***** *****
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello Karen my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve please?

Customer: I would like to get the booking for the 3 appartments I booked and paid for and would like to know how to get the information from the travel company I have requested .
Alex Watts :

When was this booked and how did you pay for the holiday?

Customer: It was booked on the 04/10/14 my father paid it with a visa debit card I think?
Alex Watts :

Can you check the card, that is important whether it is debit or credit?

Customer: Ok just give me a moment please
Customer: Hi Alex it was a visa debit card
Alex Watts :

And the holiday company is based in the UK?

Customer: It was teletex holidays
Customer: Did you get my last reply?
Customer: Hi Alex
Customer: it need to go out shortly are you still online ?
Customer: Hi could someone get back to me I don't want to stay on line for no reason?
Alex Watts :

Yes I am here. I have been considering this.

Alex Watts :

When are you meant to leave?

Customer: It's ok I sorted it so I'm still here
Alex Watts :

Ok - when are you meant to leave for holiday?

Customer: We go on the 15/06/15 , I have kept all the emails I have sent them and the responses , I also called the call centre back about 10 days after I started to try to sort this out and got a quote for the same holiday from another advisor and the cost was almost exactly the same for 3 appartments as we have paid for 2 . I asked the advisor I spoke to to email me the details which he did so I have a copy of that as well .
Alex Watts :

Ok - so there is plenty of time.

Alex Watts :

In that case you need to write (not email) recorded delivery setting out your position and that the booking is wrong because of their error.

Alex Watts :

They have a duty under Section 13 of the Sale and Supply of Goods and Services Act 1982 to act with all reasonable skill and care.

Alex Watts :

Say you expect the call to be reviewed and to confirm there is the additional apartment, otherwise you will go to Court.

Alex Watts :

If they refuse then sadly you should pay for the additional cost and then sue them for that sum, you should also pay this on credit card.

Alex Watts :

You need to write and set out your losses and request a refund (of that additional sum) 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.



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.



Can I clarify anything for you about this today please?

Customer: Ok
Customer: ok thanks although I must admit that I don't hold out much hope with them given what has happened to date.
Customer: However I will try what you have suggested.
Customer: thanks
Customer: karen
Alex Watts :

Indeed, but letters sent recorded delivery are harder to ignore.

Alex Watts :

Does that help Karen

Customer: Yes thanks for your help today
Customer: Karen
Alex Watts :

Great. Can I clarify anything else for you today?

Customer: No thanks
Alex Watts :

Can I help with anything else at all today?

Ash and other Law Specialists are ready to help you