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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I just want to ask somethkng about my situation. I booked my

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Hello I just want to ask somethkng about my situation.
JA: Where are you? It matters because laws vary by location.
Customer: I booked my flight going to Philippines for 3 person last November.but unfortunately i cancelled it last february because of the covid 19 because our flight is with China Air.its in Fly now pay later scheme.they said i can have my full refund but it wil take 6-7 weeks but it took me 3 months and they didn't gibmve me full refund.i asked the Fly now pah alter ckmpany if i need to pay my last payment supposed to be MAY 25 and she said shes going to hold it..
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thats why i didn't pay for it. And yesterday the travel agency ask me to pay my last bill.

Hello, this is Jim and I’m a dual-qualified lawyer (UK & Republic of Ireland) happy to help you today.

You should demand the refund from the agency due to the European Commission's recent announcement that a full refund should be given.

The reason for the refund is a situation where the contract has been frustrated, meaning impossible to perform - in that scenario you are owed a full refund.

If you booked by credit card then you can make a claim - you can contact the card provider and ask for a refund under S.75 of the Consumer Credit Act 1974 - as they are jointly liable if you do not get the service you paid for. You can claim a full refund even if you only paid for part of the trip with the credit card as long as £100 or more was spent.

If you did not book with a credit card (or you did and the card company refuses to reimburse) then you should consider a Small Claim.

You should send the company a letter before action to demand repayment of the further payment within 14 days, failing which you will lodge a small claim at the county court business centre (which then gets sent to the company address).

The attached letter is generic and needs to be tailored (and quote the above breach). The letter should be sent by post and email.

Assuming they do not respond or they do and refuse to pay, you need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

You can check your eligibility for a fee remission here:

http://www.gov.uk/get-help-with-court-fees

If you are eligible, let me know as you cannot use the online money claims site – you have to use the paper method, which is an N1 claim form sent to the County Court Money Claims Centre (I have a copy, let me know if you would like one).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company if £750 or more is owed (if suing a limited company), apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 1 year ago.
I used my debit card

OK, you will then need to use the letter and potentially the money claim site if they refuse the refund.
Can I help with anything else?

Customer: replied 1 year ago.
Which money claim site
Customer: replied 1 year ago.
Im here in london
Customer: replied 1 year ago.
Its toi much if i will pay £44 for a call
Customer: replied 1 year ago.
Its said 5£ for 7 days to get an advice

The call is optional. If you have a look at my answer you will see I mentioned the http://www.moneyclaim.gov.uk website

Customer: replied 1 year ago.
They gave me refund but its not in full.and rhey want me to pay the last bill in my Fly now pay later plan.but the said gly now pah later told me they will hold thebaccount meanong they not going to deduct rhe last payment

Why do you need to pay a final sum if the flight is already cancelled and you have received a refund?

Customer: replied 1 year ago.
I dont know to them.its Halo flights travel agency

OK, if the flight is cancelled, no need to pay them anything more - they owe you a full refund like I said before

Customer: replied 1 year ago.
Out of £1535.27 they just gave me £1009 so if ill pay again the last bill which is £255 its become 781.27 remaining

Thanks, ***** ***** you need to threaten to sue them for that sum. They definitely owe you the money according to the European Commission

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