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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Booked a holiday by phone in April 2014 ,paid £500.00 deposit.

Resolved Question:

Booked a holiday by phone in April 2014 ,paid £500.00 deposit. At the time of the booking we were not told this was non refundable and on receipt of the travel companies invoice there was no correspondence of their terms and conditions. Because of notification of a family members terminal illness we cancelled giving the company 70 days notice , they informed us the £500.00 was non refundable and will not negotiate a reasonable charge.The status quo is currently they do not record booking telephone calls and they have now told us there is no company claims procedure.
is there a case for a claim against the company
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 :

Did you not have travel insurance and on what basis did you assume it could be refunded?

Alex Watts :

Have you not booked holidays before and known deposits cant be refunded>

Customer:

Do not book travel insurance until we pay the full amount for the holiday which this case would have been in July 2014.

Customer:

Have been on many holidays and cruises and this problem as never arisen before ew are both in our seventies.

Alex Watts :

But you are no doubt aware that when you book a holiday, as you have done previously, if you cancel then you wont get the deposit back?

Customer:

No

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:

I expect to be charged a reasonable admin charge ,but feel this is excessive

Alex Watts :

Indeed.

Alex Watts :

They need to show that any fee is reasonable.

Customer:

I as told that the deposit was divided between the cruise line and the airline

Alex Watts :

Ok.

Alex Watts :

Well the answer is still the same. There is one contract

Customer:

Thank you I will try one more time with the tour operator but if they do not record phone calls or have an official complaints form then I do not hold out much hope

Alex Watts :

Indeed. That is why you may consider issuing a claim

Alex Watts :

Can I clarify anything else for you about this today?

Customer:

No thankyou. for your advice and help Goodbye

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