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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 76021
Experience:  Qualified Solicitor
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I booked a holiday with Loveholdays for a holiday starting

Customer Question

Good morning, I booked a holiday with Loveholdays for a holiday starting on 15 th March 2020. The flight was cancelled by Easijet the day before it was due to take off. Eventually, on 3 rd November this year after 21 months, Easijet ( Repesentative called " Isaac " ), promised a refund within 7 days to the account which had made the payment. Loveholidays paid Easijet from my payment to them. I have received nothing and Loveholidays state that under their terms and conditions they can do nothing and contact has to be solely by me to Easijet. Easijet seem now impossible to contact. Is there anything you can do to help. The amount involved is £269 so not a fortune but we are now try Thank you.ing to book a holiday for next year and this would really help.
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 England and have not contacted a solicitor.
JA: What steps have you taken so far?
Customer: Lots of e mails and a few 'phone calls - although it seems almost impossible to get through by 'phone.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think this is all.
Submitted: 21 days ago.
Category: Law
Expert:  Ben Jones replied 21 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 21 days ago.

Can I just check how you paid for the holiday?

Customer: replied 21 days ago.
By credit card over the 'phone.
Customer: replied 21 days ago.
I have already lost amounts to Loveholidays for their fees. The amount involved is only £269. Can we deal with by " chat "?
Expert:  Ben Jones replied 21 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 21 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

We can only help in terms of explaining what your rights and options are, rather than taking it forward for you, because we are just an online chat service.

In the end, it is a case of checking the booking terms to see who the contract was with (i.e. the airline or the agent) and then pursuing that party for the money you are still owed.

If money is owed by one party to another, the debtor can potentially be taken to court to try and force them to pay up. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for the money that is owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome.  There will be a fee payable, which depends on the amount that is claimed. The debtor will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the debtor that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial repayment.

Expert:  Ben Jones replied 21 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 20 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.