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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can I cancel a telephone holiday booking within 1 hour of agreeing

Resolved Question:

Can I cancel a telephone holiday booking within 1 hour of agreeing to give a telephone credit card payment for deposit?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know whether you just agreed to the holiday or actually paid a deposit?

Customer:

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.

Alex Watts :

Did you have the terms and conditions before you booked?

Customer:

No, they came later.

Alex Watts :

OK. Did they advise you on the phone when you booked you would be bound by conditions etc?

Customer:

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

Alex Watts :

Ok - this is a grey one, its not black and white.

Alex Watts :

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.

Alex Watts :

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.

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.

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 :

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 :

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:

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.

Alex Watts :

Yes I would try writing first and see if that does anything.

Alex Watts :

You may also raise a dispute with your credit card company as you paid on this.

Alex Watts :

They are jointly liable under Section 75 of the Consumer Credit Act

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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