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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 12549
Experience:  Solicitor
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Not sure if this is a legal question but I wanted to check

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Hi! Not sure if this is a legal question but I wanted to check first.
Assistant: Where are you? It matters because laws vary by location.
Customer: I'm in the UK but the problem I have involves a hotel in Mexico
Assistant: What steps have you taken so far?
Customer: I've requested a charge back through my credit card bank. The bank came back saying the information I provided is not sufficient (two rounds of complains with full details of service not used). They're now informing me that the charge back is not successful
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Can't think of anything else at the moment. Thank you

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

I am currently on a train.

How is it I can help with this?

Customer: replied 27 days ago.
Thanks Jamie. I went to Mexico in Feb with my other half. Booked a hotel in Cancun. Arrived and during the "briefing" we were informed that it's a swinger hotel which we did not know while booking (no info of such on their booking.com page). So we decided to not stay at the hotel, requested a cancellation at the hotel, but they refused and kept asking us to wait. It was getting late so we took off as wanted use bank's charge back service as we didn't use the service we paid for at all.
Customer: replied 27 days ago.
After we came back to the UK, the bank informed the hotel about the situation the hotel refused to refund. We provided supporting information and today the bank said the bank for the retailer has once again rejected my claim. So I'll have to pay for the service I didn't use. Is there any law in the UK that protects me from this? Many thanks

Did you pay on debit or credit card?

Customer: replied 27 days ago.
Credit card

You need to write a letter, set out your losses and request a refund to your card provider within 14 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 14 days warning before going to Court.

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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7and 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, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

If so, let me know

Customer: replied 27 days ago.
Thanks very much Jamie. Jusy to clarify (1) i can still write to the uk based bank requesting a refund even though the transaction took place in Mexico; (2) assume the letter should go to the bank with reference number, are there anything else I should include or is there some sort of template or guideline I can follow? (3) is there a way I can contact you for further advice should the situation get worse?
Customer: replied 27 days ago.
absolutely will give you the five star rating! :)

Yes you still have a claim under the Consumer credit act.

Does that clarify?

Customer: replied 27 days ago.
Brilliant. Thanks ever so much Jamie. Will send rating shortly

Thanks.

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