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 Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77784
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

Just been on a cruise holiday paid my full balance before

Customer Question

Hi just been on a cruise holiday paid my full balance before leaving the ship then after arriving home a week later the ship took a payment of £1166 out of my bank account so tried to get money back as been in touch with TUI and also the bank and both blaming each other and refusing to to give me my money back don’t don’t what to do next
JA: Where are you? It matters because laws vary by location.
Customer: Leeds
JA: What steps have you taken so far?
Customer: Contacted fraud everyone and anyone at TUI but getting no where with anyone and it’s a lot of money
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 have proof of all the tractions and I wasn’t even on the holiday when it came out it was a week after returning home
Submitted: 8 days ago.
Category: Law
Expert:  Ben Jones replied 8 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 8 days ago.

Does the payment specifically show up as being taken by the ship, rather than the travel agent? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 8 days ago.
the ship marrella shows on bank statement
Customer: replied 8 days ago.
Do I have to pay £44
Expert:  Ben Jones replied 8 days ago.
Only if you want an optional phone call. 

So when you contacted the ship, have they explained what the debit was for?

Customer: replied 8 days ago.
No they said they haven’t received the money must be a error from the banks side but the bank says it’s nothing to do with them and must take it up to ship to sort it out
Expert:  Ben Jones replied 8 days ago.

Ok thanks. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through. It looks like you are completely stuck in the middle between 2-3 different parties.

I appreciate that it is something you want resolved ASAP but you need to establish what has happened first and who has the money, before you can determine which way to go and who to pursue.

Start with the bank, to see whether the money has definitely left your account and not just stuck in cyberspace in their systems and has been transferred to the recipient. Once they have confirmed that, you can use that information to approach the ship to challenge them and state that the money has been confirmed as being transferred to them and they are the ones who now owe you.

The travel agent may help you in negotiations and to try and put pressure on the ship but they won’t be legally liable for this as it was not them who took the money.

Expert:  Ben Jones replied 8 days ago.

If it transpires that the ship has it and they are unwilling to return it, you can eventually consider taking legal action to try and recover it.

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 8 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 8 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.

Customer: replied 8 days ago.
Is a email not classed as a letter as I don’t / even know we’re to send a letter to as only gives phone number and email and no one will even help apparently TUI shop has been contacting the ship But still nothing I’m so frustrated by all this as it’s so much money and a £2000 plus holiday ruined
Expert:  Ben Jones replied 8 days ago.

An email can be a letter, but please be patient with this process as it may take some time to investigate. You have 6 years to make a claim so no immediate rush. Also, you cannot realistically claim that legally your holiday has been ruined as all of this happened after it ended, rather than during it

Customer: replied 8 days ago.
But it was also happening while I was on holiday everyday I had different pending amounts of money on my online banking just random so when I went to reception I was asking why this was happening because obviously even tho it was pending it still looks like it’s gone off my balance and was told this was normal at which I said what part of pending payments are normal that are fake just said they are only pending they won’t actually come out so I believed them so as soon as we was home I contacted the bank saying can u cancel the pending payments and they said they have to come out first but if this happens we will be paid back and they sent it to fraud and apparently told me that they gave them 7 days to pay
Customer: replied 7 days ago.
File attached (PGSQ364)
Customer: replied 7 days ago.
File attached (PT43VZ6)
Customer: replied 7 days ago.
File attached (QM5LQ7T)
Expert:  Ben Jones replied 7 days ago.

Thank you, ***** ***** answer remains the same and the steps you need to follow are still the same.

Customer: replied 7 days ago.
Ok thanks I’ll do this then
Expert:  Ben Jones replied 7 days ago.
You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.