How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask UK Solicitor John Your Own Question
UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1331
Experience:  8 years legal experience
106125879
Type Your Law Question Here...
UK Solicitor John is online now

It's about travel disruption caused by COVID, I have been in

This answer was rated:

JA: Where is this? It matters because laws vary by location.
Customer: It's about travel disruption caused by COVID
JA: What steps have been taken so far?
Customer: I have been in discussion with Flight Centre since we were forced to cut our Australian holiday short in March this year
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The key question is about what areas I should expect a full refund

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.

Hello thanks for your message. How can I help you today?

Customer: replied 17 days ago.
Did you see my last message ? My wife and I were forced to cut short our holiday in Australia in March due to COVID. I contacted my Tour Operator Flight Centre who initially advised me to go to my insurance company for compensation and even supplied me with a breakdown of lost costs from the unfulfilled portion of my holiday. Inthe event my insurance company told me I was not covered, so I went back to Flight Centre and have been in ongoing discussions with them ever since. They have finally offered me approx 50% of losses that they originally calculated because they say they can only pay me back what they have been able to recover from the various airlines, excursion companies, hotels etc. They also say the a lot of the lost costs are tied up in bulk arrangements with airlines etc. My question is should I fight for the full refund or are they within their rights to hold back the outstanding amount?My wife and I were forced to cut short our holiday in Australia in March due to COVID. I contacted my Tour Operator Flight Centre who initially advised me to go to my insurance company for compensation and even supplied me with a breakdown of lost costs from the unfulfilled portion of my holiday. Inthe event my insurance company told me I was not covered, so I went back to Flight Centre and have been in ongoing discussions with them ever since. They have finally offered me approx 50% of losses that they originally calculated because they say they can only pay me back what they have been able to recover from the various airlines, excursion companies, hotels etc. They also say the a lot of the lost costs are tied up in bulk arrangements with airlines etc. My question is should I fight for the full refund or are they within their rights to hold back the outstanding amount?

Hello thanks for your message.

I presume you did not use a credit card, as you would be able to claim for a refund from your credit card company under the Consumer Credit Act 74.

Nevertheless, you should claim for a full refund as it is no fault of your own and the contract has been frustrated. A frustrated contract is a contract that, subsequent to its formation, and without fault of either party, is incapable of being performed due to an unforeseen event (or events), resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract. This is pursuant to The Law Reform (Frustrated Contracts) Act 1943.

If they refuse to refund you 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 30 days in which to receive payment.

If payment is not received within 30 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.

UK Solicitor John and 3 other Law Specialists are ready to help you
Customer: replied 16 days ago.
Thank you very much for the advice, much appreciated

Pleasure