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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sirs, On March 5th I transferred money Holiday

Resolved Question:

Dear Sirs,
On March 5th I transferred money for a Holiday letting in London. The transaction has been done by Paypal payment. Previous I Inquired the owner for a stay in his apartment from April 22th until April 27th. He send me the offer through tripadvisor. In his offer were no refferences on terms of payment and cancellation. As the inquiry expired and he was not able to send me a new inquiry, he told me to pay directly with Paypal. He send me an invoice. On the invoice for the first time I got to know that I deal with a property management company. I did the payment and asked for a booking confirmation two days later march 7th. He said he received the payment and we would have sent me the booking confirmation, which I never received. All these conversations were made by email and whattsapp. On march 9th, as a problem occurred I asked for the cancellation of the booking and the refund of the total amount of £1200. They are refusing to send me back the money. They want to keep a penalty of £ 750, which is really a huge amount. I said that I was not happy with this solution and I asked for a total refund. I opened a claim towards Paypal. But Paypal is not covering me for a withdrawal/cancellation right. Paypal said that I have to regulate this directly with the couterparty.I wrote also an email to the property management yesterday, giving the ultimatum to send the money back or I would have proceed legally charging him additional costs. I know that a rental contract between a society and a private person has a withdrawal/cancellation right within 14 days after the stipulation of the contract. I need an english lawyer who can write to this society and ask legally to refund me in order to get back my money? My right of withdrawal will expire on march 19th. Thanks for your help.
Kind regards
Angela Ingala
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I did not get any answer. Did you receive my question?
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What is the reason for refusing to return the money please?Alex
Customer: replied 1 year ago.
Sorry, as I paid € 66, this amout will be additional?
Customer: replied 1 year ago.
They say, that they had to cancel other bookings to confirm mine. So they had loss. But is that right that I can cancel within 14 days?
Expert:  Ash replied 1 year ago.
Yes you are. The law says you can cancel if it as at a distance within 14 days, 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?Alex
Customer: replied 1 year ago.
I am living in Italy. Should I contact an english lawyer? Can you do that for me? If yes, how much would it cost?
Expert:  Ash replied 1 year ago.
sadly not. There should be a similar process in Italy. You can take a company to court in the U.K. You can get a European enforcement order.
Expert:  Ash replied 1 year ago.
Can I clairfy anything else?Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Alex! I will try to act as you suggest me.
Angela
Customer: replied 1 year ago.
Hello Alex,
can I ask you further questions on this matter?
Thxs
Angela
Customer: replied 1 year ago.
I issued a Money Claim Online as you suggested. The defendant did not reply to it and now I am proceeding by requesting a judgement. I saw on the website of the property management (the defendant) that the adress is completely different of the adress I wrote to. The adress I used was this I got on the invoice. How can I be sure, I used the right adress?