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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60512
Experience:  Qualified Solicitor
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Me and my friend returned from our holiday on the 6th Sept,

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Hi, me and my friend returned from our holiday on the 6th Sept, we were informed by our hotel that refundable deposit of £100 would be in my friends account within 3 to 5 working days.It is now over 4 weeks on an after numerous emails promising to pay it back we still haven't received it.I was just wondering what I can do about this legally as I'm getting nowhere myself.Thank you .Julie laing.
Assistant: Where are you? It matters because laws vary by location.
Customer: We were in South Tenerife.
Assistant: What steps have you taken so far?
Customer: I've been emailing the manager of the resort we stayed in plus the company we booked with has called them three times on my behalf.They called me last week and said it would take another few days but still haven't returned it.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

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

Have they provided any reason at all for the delay?

Customer: replied 8 days ago.
They said they're banking system was down at first so we gave them the benefit of the doubt and waited another two weeks,then they senter 2 invalid authorisation codes which didn't work either, last week they emailed to apologise and said within the next few days but still no refund.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the debt in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 6 days ago.
Yes thanks

All the best

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