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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13835
Experience:  Solicitor
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I cancelled my holiday due to it having building works going

Customer Question

I cancelled my holiday due to it having building works going on and was entitled to a full refund. I paid in cash over the year in bits and bobs . TUI owe me £1500 but because i paid in cash i have to be paid back in cash they said. But they can only pay me back when a customer comes in a pays thst amount. They said i then have to come and collect it that day or they will bank it! They left me a voicemail at 4pm monday just saying to call the shop, i did the next day and they said to late they have banked it. They have money in the shop but cannot put bits by it all has to be at once and they cant order it in. There is no phone number to speak to anyone i can fill in an online complaint but will take 28 days for a reply. Help what are my rights?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 1 year ago.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 year ago.
Hi they are saying they will give me a refund but only if someone comes in with that amount. It has been 7 days today Thomson are a massive company so are you sayong my only path is court? They say i can order a cheque from head office which will take 3 weeks. My frustration is having to wait this long as its my money. They are not saying they wont refund me they just dont know when. Have i know rights as a customer to demand my money back sooner?
Expert:  Jamie-Law replied 1 year ago.

Not your problem.

Does that clarify?

Customer: replied 1 year ago.
No not really, all I want to know is if by law they have to give me my money back instantly? (even though its been 7 days now since they issued the refund). Or if by law they can hold onto it until someone comes in and pays that amount in one go?
Expert:  Jamie-Law replied 1 year ago.

It is not instant, it has to be within a reasonable time.

So it can be 7-14 days.

They can not wait until someone comes in and pays that amount in one go.

Does that assist?

Customer: replied 1 year ago.
Ok thank you, I've have just spoke to someone else in another department at Thomson who have just told me that is their procedure and I have no alternative as that is their policy. I will have to go down the court path by the looks of it.
Expert:  Jamie-Law replied 1 year ago.

Yes. Once you issue, that will refund quickly!

Does that help?

Customer: replied 1 year ago.
thank you
Expert:  Jamie-Law replied 1 year ago.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.