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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47606
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I HAVE HAD £1580 TAKEN OF MY CREDIT CARD BY BENZ TRAVEL FOR

Customer Question

I HAVE HAD £1580 TAKEN OF MY CREDIT CARD BY BENZ TRAVEL FOR A HOLIDAY I HAVE BOOKED BUT I HAVE HAD NO CONFIRMATION OF THEM OF WHAT I HAVE BOUGHT THE MONEY WAS TAKEN OUT ON THE 30TH AUGUST I HAVE TRIED TO CONTACT THEM BUT THEY JUST PUT THE PHONE DOWN WHEN I ASK THEM ABOUT MONEY WOULD IT BE WORTH MY WHILE TO TAKE THEM TO THE SMALL CLAIMS COURT
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Please can you provide me with their full company details. Also, how long ago did you book the holiday?

Customer: replied 10 months ago.
benz travel if you google it gives you the company address 30th august
Customer: replied 10 months ago.
are you still there are have i paid £38 for nothing
Expert:  Ben Jones replied 10 months ago.

Hi there. Thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. Benz Travel has had mixed reviews over the years and whilst some have received what they have paid for, others have not been so lucky and have had numerous issues. If you have paid for a holiday and have not received anything in return and your attempts to communicate with them have been rebuffed, then you can indeed consider taking further action. They do not appear to be a member of ABTA, which would have offered you a free arbitration and resolution service so you have to take matter in your own hands.

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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. If you wish to go down the legal route instead of a statutory demand, 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 hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

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