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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My issue is as follows. In the process of online

Customer Question

Hello,

My issue is as follows. In the process of online booking of a family holiday travel package (flight+accommodation sold together) with a big company, the package price raised ~1.5 times at the very late stage. That is, after the credit card security check with my bank, the next page was not a booking confirmation but another query with the new, raised price, asking me to confirm payment with this new price.

Since I was looking for a suitable holiday package for two previous days and my mind-set had already been to buy this package, based on the initial, much lower price, and also because of fear that the price might raise even more (or I won't find a similar alternative holiday package), I did confirm the payment. However, next day I saw that the price for the same option (the same flight dates and the same room in the same hotel) had dropped considerably (about £100 per person), which would be still much better deal.

So now I am considering to file a claim against the company that sold me the overpriced travel package. Could you please advise me if my claim could be successful based on the UK legal Regulations for The Consumer Protection from Unfair Trading. In particular, can this case fall under the definition of "misleading and underhand selling tactics or aggressive trading practices"?

Many thanks Andy

(I do have screen-shots of the company's webpage with the prices lower than what I have paid, one screen-shot with the original price and the other taken two days after my payment)

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How much is the difference between the original and new price in total please?
Alex
Customer: replied 2 years ago.

Hi Alex, thanks for looking into this!

The original price was £248 per person, while I had to pay £367 pp, which made the difference for a family of three £357. The next day price was £258 (after I have paid already.

Why would the difference matter?

Thanks

Andy

Expert:  Ash replied 2 years ago.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. You should also list your credit card company as second defendant as they are jointly liable under Section 75 of the Consumer Credit Act 1974
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Many thanks Alex!

On the basis of your detailed advise, am I right to conclude that you don't see any pitfalls or hidden stones in this case(?), if it ends up eventually in the court. That sounds comforting and assuring.

I have only two extra questions to clarify, if you don't mind.

1. Tonight it will be a week since I booked and paid for the travel package. So it appears I still have a week for pressing on them. Or, does the 14 day notification period count work/business days only?

2. My understanding is that I have to write the company a formal complaint with the notification of a potential court claim, i.e. a letter on paper to be sent by post or courier. In this case I have to hurry up indeed. But what if send them a digital (scanned) copy by email at the same time, would it be considered by the court as sufficient and satisfying the notification period?

Once again thank you very much!

Andy

Expert:  Ash replied 2 years ago.
1. 14 days is usual days, inc non working
2. It does not need to be sent by post, ie can be emailed.
Alex
Customer: replied 2 years ago.

Alright, that's clear now.

Your advices are excellent, and I will rate you accordingly!

I am sorry for keeping asking you, just forgot this previously:

Does it matter for the case that I am actually going to use that travel package (next week)?

Expert:  Ash replied 2 years ago.
1. No it makes no difference if you are going to use the package!
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and 5 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex,

Could you please give an estimate how much would I have to pay as the court fees/charges in the unfortunate event of loosing the case?

Thank you

Andy

Expert:  Ash replied 2 years ago.
https://www.justice.gov.uk/courts/fees
Court fees are here .
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex