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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I paid the deposit on a holiday. I cancelled the holiday.

Resolved Question:

Hi
I paid the deposit on a holiday. I cancelled the holiday. Dow the holiday company have the right ot use my debit card details and take the balance of the payment for the holiday? Their cancellation poliscy is always to keep the deposit. If cancelled within one month they take 50% of the total cost of the holiday. I have cancelled within one month.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Just to be clear you have cancelled where 50% is due?
Customer: replied 1 year ago.
Hi Alex
I don't know if I "cancelled where 50% is due". I paid the deposit. The whole balance was due. I cancelled. Their cancellation policy is to keep the deposit at all times. If you cancel within the last month then they keep 50% of the total fee. I cancelled within the last month.
Enid
Customer: replied 1 year ago.
... I had not paid the balance. They emailed me to ask for authorisation to take the balance using the card details I had provided for the deposit. I told them to hold off and I would send them different card details. I then cancelled.
Customer: replied 1 year ago.
I have cancelled the credit card they have details of and the card ompan have emailed them asking them to take my details off their records, but is the law on my side over this?
Expert:  Ash replied 1 year ago.
Ok. So you cancelled knowing you technically owe them 50% as per their terms, is that right?
Customer: replied 1 year ago.
I'm not sure what "technically" means. By their terms I think 'maybe'. I need you to say.
Customer: replied 1 year ago.
Did I owe them 50% if I hadn't paid the balance?
Customer: replied 1 year ago.
Are they entitled to take 50%?
Customer: replied 1 year ago.
ARe you still there or is this a con and I have run out of time?
Customer: replied 1 year ago.
I suppose I might owe them - by their terms. They could say they will take 50% of the total fee. At what point did it become a binding contract? To be honest when I cancelled I was not thinking they might take 50% - I was thinking about my health.
Customer: replied 1 year ago.
Are you there?
Customer: replied 1 year ago.
Well this was a waste of money, huh?
Expert:  Ash replied 1 year ago.
Are they entitled to take 50% of your card - NO
Do you owe 50% of the balance - if you cancelled within a month - YES
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
When you say 50% of my card - do you mean 50% FROM my card?
Expert:  Ash replied 1 year ago.
Yes 50% balance from the card. They are not entitled to do if you have NOT authorised it.
Does that clarify?
Alex
Customer: replied 1 year ago.
In the initial application process they say they will immediately take the deposit and then take the balance from the same card after you've been accepted onto the holiday (it's a personal development course in the Highlands and you need a phone call with the woman running it first).Then they emailed for my permission to take the balance and I said "no", but as I said - the original application form says they'll take the balance. Are you sure they are not entitled to take the money from my card?
Expert:  Ash replied 1 year ago.
Yes because you have subsequently withdrawn your consent.This is a civil dispute so they can't take it, you have taken away your authority to do so.
In any event I would cancel your credit/debit card just to make sure.
Alex
Customer: replied 1 year ago.
Yes. Thanks. If they took me to a Small Claims court would I be legally obligated to cough up that 50%?
Expert:  Ash replied 1 year ago.
I think you would given your agreement. You agreed it, even though you have not authorised it from your card.
Does that help?
Alex
Customer: replied 1 year ago.
Also - at the time of taking away my authority to use that ard I said I'd give them details of a different card....
Expert:  Ash replied 1 year ago.
Ok, you are still likely to be unsuccessful in a small claim, given the agreement to pay half (less deposit).
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
.... so, yes. I did agree it. Well - I don't think they will pursue me for it, but it is good to know where I stand with the law and what the law would require of me. I can rationalise not paying them. I cancelled for health reasons, but subsequently discovered that the course leader was not what you pay that kind of money for. However, the law is the law - and that is very interesting.
This has been very helpful. I appreciate your clarity. Thankyou. Enid

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