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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 cottage in UK from UK based owner. Cancelled

Customer Question

Booked a holiday cottage in UK from UK based owner. Cancelled within 7 days as bathroom arrangements aren't suitable for my registered disabled son in law. Owner being difficult over my deposit. What rights do I have please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did the agreement say that the deposit was refundable?
Customer: replied 2 years ago.

There were no terms and conditions for me to view....

Expert:  Ash replied 2 years ago.
Ok. Then I will outline the process for you to seek a refund:
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.

As I do not have an address for her, can I email the above to her? As a point of law, is my deposit return contingent on her re-letting the property? My booking is for a year's hence and I cancelled within 7 days. Many thanks

Expert:  Ash replied 2 years ago.
Yes you can email it. The deposit is not conditional upon the re-letting. This is because unless there were terms to say otherwise you can take the deposit back.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes thank you very much Alex, kind regards Denise

Expert:  Ash replied 2 years ago.
Good luck Denise.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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