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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11588
Experience:  Senior Associate Solicitor
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We ordered a minibus for my daughters wedding in scotland

Customer Question

We ordered a minibus for my daughters wedding in scotland .we were to recieve the minibus on friday the 14th of august .they phoned us on the 13 .just less than 24 hours before and cancelled .we were so shocked and stressed .but luckily enough we found another company xx the 1st minibus hire promised us our money back in 5 to 7working days .we still have not recieved that money back .which is £945.00 we just do not know what to do
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: We live in birmingham.west midlands
JA: What steps have you taken so far?
Customer: We went to the fraud square .they say the company is not a fraudulant one .and the bank are saying they may not be able to help
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have printed all the paperwork between us and the minibus hire company
Submitted: 5 days ago.
Category: Law
Expert:  JimLawyer replied 5 days ago.

Hello, my name is ***** ***** I'm happy to help you this evening.

If you paid by credit card you can see if they will reimburse you under Section 75 of the Consumer Credit Act. If your credit card company cannot help or you paid the money in another way, you should sue the company as by cancelling they are in clear breach of contract.

You should send the company a letter before action (by post and email if possible) to say that you demand repayment of the further payment within 14 days, failing which you will sue them.

The attached letter is generic and needs to be tailored (and quote the above breach of contract).

You can use the European Small Claims procedure in order to claim. This allows for cross border claims of up to 5,000 euro in value.

Assuming they do not respond or they do and refuse to pay, you need to fill in the attached Form A and attach any evidence you wish to rely upon to Birmingham County Court,***** Birmingham, B4 6DS

The form asks for your bank details and the issue fee of £70 will be deducted but added to your claimed sum of £945. You can also access that form here: https://e-justice.europa.eu/content_small_claims-42-en.do

The court will then serve the form on the company who then has 30 days to respond. The court will consider the response and give judgment on the claim (or if further details are required the court will write to either party). They may hold an oral hearing (by telephone if the court has the facilities - which most do have) but with the facts of this case it is unlikely as it should be capable of being dealt with on paper. If you win you get a certificate against the company which means they must pay your claim.

With the letter before action you can email it to the company and include your bank details so they can pay you (ensure you give them the IBAN and BIC code, name of your account and name of the bank).

I hope this helps - feel free to ask me anything which is unclear.

Many thanks,

Jim

Customer: replied 5 days ago.
Hello, Thank you for your fast response. My question is, i paid by my visa card, not credit card. Does this make a difference ?
Expert:  JimLawyer replied 5 days ago.

Hi, there is no protection with a debit card unfortunately, so you would need to send the bus company a letter before action, ask for a refund, if they refuse or they do not respond, start the claim. It's a quick and easy paper-based claim process so the court should decide on it soon.

Customer: replied 5 days ago.
Please dont call me
Expert:  JimLawyer replied 5 days ago.

I can't take a call, you can probably see a call option. Hopefully I have answered the question for you - if not please let me know.
Thanks

Expert:  JimLawyer replied 5 days ago.

Hi, so if you send the letter before action, wait 30 calendar days for them to respond/refund you.

If they do not, then you should issue a claim.

I have checked again and you will need the N1 and N510 forms instead (see attached, the N1 is straight forward, the N510 needs the first tick box on page 1 "ticked"). Then post 3 copies of the N1 and one copy of the N510 to :

  • County Court Money Claims Centre, PO Box 527, Salford, M5 0BY.

The forms are also here:
N1: https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7
N510: https://www.gov.uk/government/publications/form-n510-service-out-of-the-jurisdiction