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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29199
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I booked a holiday villa through tots to travel who have

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I booked a holiday villa through tots to travel who have gone into liquidation. Flights were booked separately. I paid an £1,100 deposit to Tots to Travel on my credit card. They passed on that deposit to the villa agent. They subsequently asked for the deposit back. The villa agent returned it. We are now left with no villa and no deposit.
JA: Where is this? And when did the issue begin?
Customer: Majorca. We found out in March that our deposit had not been transferred to a new villa. The original holiday was canceeled due to Covif. We wete scheduled to go in August 2020 but this was changed to August 2021. Tots to Travel said the deposit had been transferred to secure the nrw booking.
JA: What steps have you taken so far?
Customer: Three attempts to get monry back from MBNA. Latest reply yesterday refusing refund
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Only that I have paid another deposit to secure the same villa. Had to re-book because Tui only offered us a voucher for our flights.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

may I clarify one comment you make in your initial question please. You mentioned that " they subsequently asked for the deposit back". are you able to clarify who you mean by this statement please? Do you mean that Tots to travel asked for the deposit back from the villa agent before they went insolvent? if so, what evidence do you have of this?

Customer: replied 6 days ago.
They asked for the deposit back from the villa compnay who returned it to them Tots to Travel were making other arrangements with us regarding the villa. We had no contact with the villa company or owners of the villa
  1. thank you. So finally, it is accurate to say that the point they became insolvent, the Tots to Travel company held your deposit and you have evidence that they did?
  2. on that basis, may I enquire the reason MBNA have refused a refund?
  3. Have you made a request for a refund by way of a charge back or under s75 consumer credit act?
Customer: replied 6 days ago.
The villa company have confirmed they repayed the deposit along with others. They have not said when. I was told by phone call yesterday they would not refund. Waiting for a letter
I feel helpless and it is a lot of money. So much for paying on a credit card.

may I enquire the reason MBNA have refused a refund?

Customer: replied 6 days ago.
I will wsit for the letter from MBNA and contact you again. Thank you.

thank you. They can be an issue in relation to credit card payments where you have paid an agent who has passed that money onto either another agent all the owner of the property because in those circumstances, the agent to whom you paid the money has fulfilled their obligation to pass on the money and therefore there is no breach of contract on their part. However, the circumstances here are different in that from what you describe, the deposit has been repaid to the insolvent agency prior to them going insolvent and as such, there is a claim available against the agency and therefore by extension, under section 75 of the consumer credit act against the credit card company.

Accordingly, you can invite the credit card company to re-examine their decision either informally or by a formal complaint and remind them of their obligations under section 75 consumer credit act and that the agency held your deposit paid by credit card at the time they became insolvent and as such, under section 75 consumer credit act, the credit card companies jointly liable for the refund of that deposit with the insolvent agency.

If the credit card company refuses to settle with you, you can escalate your complaint for independent determination to the financial ombudsman which can make a binding decision in the matter:

https://www.financial-ombudsman.org.uk/contact-us/complain-online

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I hope the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.