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John
John, Solicitor
Category: Law
Satisfied Customers: 1999
Experience:  10 years legal experience
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We booked accommodation through a travel company for a trip

Customer Question

Hi, we booked accommodation through a travel company for a trip to Spain in April but due to coronavirus this was cancelled. The travel company are refusing to give us a refund as they say they have already paid the owners of the accommodation and can’t get this back, thank you
JA: Where are you? It matters because laws vary by location.
Customer: England - Gloucestershire
JA: What steps have you taken so far?
Customer: We’ve tried to claim through our travel insurance but they’ve refused as they say the travel company should pay and the travel company have refused on numerous occasions
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Submitted: 1 year ago.
Category: Law
Expert:  John replied 1 year ago.

Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions. Thank you.

Expert:  John replied 1 year ago.

Hello, when was the holiday booked and did you make payment by debit or credit card?

Customer: replied 1 year ago.
Hi it was booked last October and a deposit paid and then balance paid in January by Bacs transfer.
Expert:  John replied 1 year ago.

Ok thanks. Then this satisfies the small claims court. The holiday has been cancelled due to events outside your control and you will be entitled to a refund.

What you need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why. You will also need to give them a deadline to raise the payment by, usually it is 14 days in which to receive payment.

If payment is not received within 14 days, then you will need to issue a claim against them in the small claims court. You can do this by visiting this site https://www.gov.uk/make-money-claim

Or you can do it by post by using form N1 which you can find here Form N1: Make a claim against a person or organisation (Claim form CPR Part 7) - GOV.UK and posting it to:

County Court Money Claims Centre

PO Box 527

Salford

Greater Manchester

M5 0BY

Due to the value of the claim you do not need a solicitor and can do this yourself. Once you issue the claim, interest will be added onto the amount from the day you issue until the date judgment is awarded. This is pursuant to section 69 of the County Court Act 1984. There will be an issue fee to pay, but you will recover this back.

It may very well be that the letter before action you send will make them pay promptly and you do not need to issue, but incase they don’t pay you, then the letter before action enables you to be able to start proceedings against them.

From what you have stated it is likely judgement will be granted in your favour and you will recover your money back. If they don’t pay after judgement has been awarded, it means you can then take steps through the court to enforce it against them.

I hope this helps. Let me know if you have any further questions. Please also leave a rating. You can do this by clicking the stars at the top of the page. Thank you.