Hello my name is ***** ***** I will help you with this.
For now please let me know whether you just agreed to the holiday or actually paid a deposit?
I agreed on the telephone the holiday and flight to antigua and gave my credit card number for a deposit. Within an hour after reviewing their term and conditions sent online I telephoned and emailed requesting cancellation. They replied by email saying I could not have the deposit back £7500.
Did you have the terms and conditions before you booked?
No, they came later.
OK. Did they advise you on the phone when you booked you would be bound by conditions etc?
No they just said they would send the receipt and confirmation by email It was when I received these together with their terms and conditions that I tried to cancel and get the card payment cancelled.This was by telephone. The lady asked me to do this by email, which I did, then they replied I was bound by the contract and the £7500 would not be returned
Ok - this is a grey one, its not black and white.
Usually when you book a holiday you get NO cooling off period. So if you book and try and cancel then you lose what you have paid.
However in order to be bound by the contract they need to have advised you that you were bound by their terms or that your deposit would be lost. If they did not, there is some argument, albeit not strong that it should be refunded.
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.
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?
Thank you for your opinion in this, it seems that if I want to challenge them about what they did or did not advise me beforehand I will be involved in chasing them through the county court, somewhat daunting. I will write to them again and appeal their good will.
Yes I would try writing first and see if that does anything.
You may also raise a dispute with your credit card company as you paid on this.
They are jointly liable under Section 75 of the Consumer Credit Act
Does that help?