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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47373
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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On the 24th of Sept, i tried to book a travel package

Resolved Question:

Hello,
on the 24th of Sept, i tried to book a travel package online,on the website it was written that there is something wrong with my card, but the money has been taken from my bank account . I called them for a couple of days asking to either refund me the money or provide me the service that i tried to acquire! They have told me that it would take 48 hours to get a refund, after 48 hours i did not get a refund, so I called again and the support team told me that i will be contacted in the next 5-7 days to tell me what is going to happen. I have told the lady that i do not have to suffer because of their mistakes and that the price will go up and i am not going to be able to purchase the same package , and she told me that they will cut the plus amount on it , so i will have to pay the initial that i should of had to pay.
Obviously the package price has increased and the money was returned in 8 days.
Now they are saying that they "will not be accepting the responsibility for the higher fare for your new reservation."
What should I do in this kind of situation? Is there a solution for me?
Thank you!!!!
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you have any evidence of what they promised?
Customer: replied 1 year ago.

I have the reference number of the call that i had with the lady from the support department!
All the calls are registered

Expert:  Ben Jones replied 1 year ago.
You could certainly argue that their promise that you would only be required to pay the initial amount is a binding one and legally enforceable. You can ask for a transcript of the call to confirm what was said and promised and to have some evidence in writing of this. In the first instance you should try and pursue this directly with them, for example through an formal complaints procedure they have. If that fails then they can be pursued through the civil courts for recovery of the difference in price. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: {C}1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.{C}2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.{C}3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

Last 2 questions regarding this case !
1. So the promise that they made to me on the phone is like a Verbal Contract?

2. In order to get the call recording shouldn't i have some kind of legal paper in order to get them to release it to me or they should simply give it to me ?

Thank you !

Expert:  Ben Jones replied 1 year ago.
1. Yes correct2. You can make a subject access request under the Data Protection Act 1998 – you send them a letter saying you are making such a request and they should respond within 40 days Hope this clarifies things for you?
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