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JGM, Solicitor
Category: Law
Satisfied Customers: 16375
Experience:  30 years as a practising solicitor.
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I have a holiday rental business, I am not a package

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I have a holiday rental business, I am not a package provider. This is not a complicated COVID issues but it did occur because of a COVID holiday cancellation - I have a customer who, due to a COVID holiday cancelation in April, received a 40% credit voucher from us, he also managed to have all of his holiday refunded via his insurance company and he has also asked his credit card provider to issue a chargeback against us. The cost of his holiday plus banking fees has been taken from my account because of the chargeback. I have called and emailed him to explain the situation of his "double refund" and asked that he pay what has been taken from my account back to me as he has already received a refund via his insurance. His response is that it's not his problem that he has been refunded twice. My next step would be some sort of legal action against him, is this some sort of fraud he has committed?? Regards Jon
JA: Where is this? And just to clarify, when was the purchase made?
Customer: I am in France, he is in the UK, our T and Cs were governed by English law at the time of this event. As you can imagine our T and Cs have been tighten up considerably since this! cont... sorry, ht return. the holiday was mid April, he received his insurance payout on 22nd May and the chargeback removed the funds from my account on the 5th of November, way beyond the 120 days, but the chargeback route is being massively abused my everyone at the moment and the dispute system is terrible. The card provider being the accuser, prosecutor, judge and jury!!
JA: What steps have you taken so far?
Customer: This has happened twice before and on each of these times I have called the customer to explain the situation. Both happened because of time delays and also each time the customer was unaware that a chargeback meant that the money was initially taken from my account. The is not some magic pot that the card company has! When this was explained, they were surprised and refunded what had been taken from me because they had already received refunds from insurance. I have called this client 3 times to try and discuss but he will not answer my call. He has emailed me to say that he has spoken to his card provider and they said it is easiest to leave it as it is... cont
JA: Anything else you want the Lawyer to know before I connect you?
Customer: ... the difficulty is, is that the dispute process is a farce and even if my dispute presentation is factually, contractually and legally correct there is only a 10% success rate as all the disputes are handeld by overworked ( often overseas) departments within the card provider

Thanks for your question. I am a solicitor in the UK with 35 years of experience in private practice and I hope that I can help you with your question today. Let me just read your question and I will either give you an initial answer or ask you for further information. I aim to respond to you as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best answer I can.

Do you know who the customer’s insurance company is?

JGM and 5 other Law Specialists are ready to help you
Customer: replied 20 days ago.
All I know is that is an insurance policy "through his work" but do not know who he works for. I presume it is not HSBC as he mentioned " I have called my bank who provided the credit card"
Customer: replied 20 days ago.
Hi there I have to collect my son from school in 60 mins. When can I expect a call from you +33632979352 Jon
Customer: replied 20 days ago.
Will you call today or will this me a call on Monday? Regards Jon

I tried to take your call request but the system told me that another expert had already done so. I’m trying to find out what the position is from this end.

Customer: replied 20 days ago.
OK, I have not received a call from anyone yet, Thanks Jon
Customer: replied 20 days ago.
Sorry I need to go on the school pick up now, we can talk on Monday??

Yes, either that or over the weekend.

Customer: replied 20 days ago.
Ok I have my phone on at the weekend also
Customer: replied 17 days ago.
Morning, I am available all day for a phone chat. Let me know when is a good time for you. Regards Jon

I’ll have a go at 2pm UK time.

Customer: replied 17 days ago.
ok I will set an alarm Jon
Customer: replied 17 days ago.
At my desk, ready when you are. Jon

It was nice to speak to you. Thanks for using JustAnswer.