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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47392
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We booked and paid holiday online confermation & etickets

Customer Question

Hi we booked and paid for a holiday online confermation & etickets came back the same day .but checked our e-mails the following day. I noticed my wifes surname had been spelt wrong. I phoned the travel agent over the mistake.they said the ticket was now void as the airline do not change names and I would have to rebook costing £360 I argued it is there mistake so they should pay .theysaid I had made the mistake when booking I have requested a copy of my online booking but I am being fobbed off regards eric
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did you get any confirmation when you booked apart from the tickets, to confirm what name you had put in?
Customer: replied 1 year ago.
Yes as I said in my first statement to you but the conformation came just before tickets which was a sunday and we were not at home the spelling was wrong on conformation but we had no time to respond
Expert:  Ben Jones replied 1 year ago.
So are you 100% certain that you supplied the correct name? Did you double check the details before submission?
Customer: replied 1 year ago.
YES 100% sure
Expert:  Ben Jones replied 1 year ago.
If the agency was negligent in transferring the details you supplied to them to the airline then they would be liable for any losses incurred as a result of that, such as the admin fees for changing the booking details. The issue is with proving it was their fault – they could deny it but if this was done online then there should be some record of what you had submitted and what details they used to make the subsequent airline booking. At present they are not willing to share that information with you but you can make a subject access request under the Data Protection Act 1998 to obtain that data as it would amount to personal data and you are entitled to a coy. Once you have that, you can compare the information to see if you did indeed supply the correct information and use that as evidence to make a claim against them for the losses incurred. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to make a subject access request and also make a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR). If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:{C}· Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';{C}· Provide details of the data you are requesting copies of;{C}· Your main personal details - full name, date of birth and address;{C}· Any information you believe the organisation will require to find your information. The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days. As to pursuing them for the losses, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. 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: 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. 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. 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.
Customer: replied 1 year ago.
when you say organisation do you mean the travel agent I am in dispute with
Expert:  Ben Jones replied 1 year ago.
yes
Customer: replied 1 year ago.
hi ben
after many phone calls and e-mails the nanager of the travel agent called yester day I explained to him the information you gave to me. he told me he could not provide a copy of my booking and payment form and they do not hold data. would you be willing to write to them on my be half I could fax details. what would the cost
Expert:  Ben Jones replied 1 year ago.
Hello, unfortunately we cannot take on any work outside of this site so I cannot send a letter on your behalf. You would either have to do this yourself or engage a lawyer from elsewhere. Sorry for any inconvenience
Customer: replied 1 year ago.
ok thanks regards eric
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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