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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Would you please advice: I hired a car through doyouspain.com

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Hi, Would you please advice: I hired a car through doyouspain.com which was confirmed by email, only 2 hours later, when about to collect the vehicle, I received another email saying that my booking had been cancelled as per my request on the mobile number I gave when booking, and that the conditions meant no refund is possible. However, given that I made no cancellation or call (which can obviously be confirmed via the mobile company), yet have still been both charged the full fee for entire rental but that it's also effectively ruined a trip taken exclusively for medical treatment—I can now neither get to or have—would you advise on the course of action to take? Were I not disabled/ill/able to work, I would simply purchase another hire but this is the equivalent of 5 months in disability (already living frugally). I am genuinely devastated because it's single-handedly ruined the whole treatment/trip. Grateful for any advice/h elp. Do know a lawyer friend but that would naturally be expensive, stressful and there's still the slenderest hope I can attend the treatment, even if not for the full length because of this heartbreaking error. In gratitude.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
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.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

I keep trying to reply to ask a question before paying for the extra help when it may not be necessary but this site won't let me write for more than a couple of minutes (and disabled as I said) so if I need it can you offer it later?

Expert:  Ash replied 2 years ago.
Yes of course. If you are happy with the above answer you may rate it so the site credits me for my time.
Otherwise if you have a follow up question you can ask it. Thanks.
Customer: replied 2 years ago.

For some reason I cannot see my last reply. Many thanks for your help. Would this be the same advice for the EU? They have made it confusing as one company address is in Barcelona, the other in London. Would it be legally binding if via email today? I can send to those addresses too but not today as a result of the additional pain caused by exceeding my disability/chronic disease's limits, I am now stuck in bed (a flare in pain of my disease generally lasts 1-5 days, so almost all the trip). Which is also entirely their fault as I had to get back from the hire car centre without a car meaning a lot of painful moving on extra medication to be able to do it but then there is always a worsening in the condition and payback afterwards lasts days, which now means today I cannot physically move at all or post anything, losing a further day(s), and making the likelihood of attending the treatment all the more thin and gut-wrentchingly sad (I have waited 6 years to do this treatment, all of them bedridden). They are claiming I called to cancel and now ignoring all contact. The evidence of this being entirely false from the phone company's records can be obtained. Many thanks again.

Expert:  Ash replied 2 years ago.
Yes it apples for EU. So you can claim any losses as a direct result of the breach.
Does that help? Alex
Customer: replied 2 years ago.

Via email?

Expert:  Ash replied 2 years ago.
Yes email is fine.
Alex
Ash and 5 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks so much 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 you have not done so already 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