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james bruce
james bruce, Solicitor-Advocate
Category: Law
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Experience:  Owner at James Bruce Solicitors
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Booked a flight with Opodo - Airline cancelled the flight.

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Booked a flight with Opodo - Airline cancelled the flight. Opodo said refunds are pending - its been 6 months. Have copies of all conversations on chat - no payment received despite being told it would arrive within 15-20 days. Have audio recordings of conversations where they agreed that outstanding amounts would be paid by May 12th. No payment received. Keep getting told to wait - they cant do anything without receiving the money from the airline. I feel that paid them as the company - not the airline, and they should pay me back. Then deal with the airline as needed. I have audio recordings of the guy telling me the amount, and the date of when payment would be received. What are my next steps.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

how did you pay Opodo for the flights

Customer: replied 14 days ago.
We paid for them using our Credit Card
We have been in contact with the credit card company about rejecting the payment.
Customer: replied 14 days ago.
Im ok to type for the moment.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

As the flights were cancelled, and you paid Opodo, it is them not the airline you had a contract with and they who should be refunding you.

As they are giving you the run around you can issue them a formal letter before claim and should they not pay by the date your specify then commence a money claim against them air court.

I have attached a template letter you can use and a link to the online money claim.

https://www.gov.uk/make-money-claim

You can also look at the credit card company, not with regards ***** ***** the payment, but rather a claim against the credit card company under s.75 consumer credit act 1974.

Under this act, where the party you have paid fails to complete the transaction or refund, the credit card company are held equally liable for the payment.

So, if the amount was more than £100, you can make a claim against the card company for the full cost of the flights purchased.

You need to contact the card company and inform them you wish to make a claim under s.75 consumer credit act 1974, and then will deal with this with you.

Customer: replied 14 days ago.
Ok. This is what we had thought. The company kept saying that they have to wait for the money to come from the flights - and we kept saying that this is a YOU problem, not a WE problem. You owe us the money because we paid you.They also would not give us the contact information for their legal team - as we are very frustrated dealing with them.is the link the Money Claim Online?Do you have to be a UK resident to use this?
Customer: replied 14 days ago.
They say that they dont have an email address for their legal team - and keep pawning me off onto a customer complaint line where you cannot send any documentation.
Customer: replied 14 days ago.
I am UK citizen but not currently residing in the UK - I have sibling in Ireland and an Aunt/Uncles in UK. Could I use their addresses?
Customer: replied 14 days ago.
The amount was 2765 Euro

Yes it is the online site, you would need a UK address to register the claim from. You can use a relatives address.

Customer: replied 14 days ago.
On the letter it states to put in the date for 30 Calendar days. Does this mean the audio recording of them stating that it would be returned by May 12th is not worth adding in?
Customer: replied 14 days ago.
Also - as they have said that there is no email address to send anything to them - you have to do a formal customer complaint on their website - which does not allow you to attach anything - and is essentially a click button type thing. If I copy and paste this into their chat function - would this be considered enough of a written announcement?
Customer: replied 14 days ago.
oh - there was a part refund earlier on for the cancelled seat selection - which amounted to about 10% of the entire cost. They keep referring to this as having done their part to get us some refund. They have not refunded the remaining 90%.
Customer: replied 14 days ago.
Would you suggest to go after the company or the credit card to reclaim this amount?

The date you give them is from the date of the letter being sent.

Yes you can include in the letter their undertaking to refund by that date which they have failed to do.

You need to mail the letter to their head office not email. Then as they have refunded 10% your claim is for the other 90%

Customer: replied 14 days ago.
OK. I have their address in the UK.
So my next steps would be:Get my residence address from a relative to use for communication purposes.
Draft up this letter
Include in the letter the information about the 90% amount still owing, and promised date.
and post it to them at their corporate address.In the meantime - do I also contact the Credit Card about their part in this?
Or wait the 30 days from date in the letter?
Customer: replied 14 days ago.
Then - once letter is sent - apply on the UK website for the claim form.

You cannot claim from both the company and the credit card company. You can only obtain on refund not two.

Send the letter to Opodo once you have done that yes make the claim to the credit card company, then which ever pays out first you would then cancel the second option. If you don't cancel the second one after the first has paid, you will be committing fraud.

You only make the online money claim after the 30 days has past and no refund made.

Customer: replied 14 days ago.
Ok - I just want to make sure that I am following the proper process.
Do you think the credit card company would be the faster solution?Or do you think that going after the company is the better option?

I really cannot say how quickly they would work.

I would advice sending the letter, then contact credit card company. If Opodo [ay out, then cancel the claim against the credit card.

If they dont pay out leave the credit card claim running and start the online money claim against opodo, then which ever pays up first then cancel the other.

Customer: replied 14 days ago.
OK. Great. Thank you so much for the clarification of the steps and process. Much appreciated.

Your very welcome, good luck.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 14 days ago.
Ok! If I have another question related to this same matter - do I just respond to this same question later on? Or do I need to post a new question?
If it is in relation to this question, simply come back to this question and type here, and it will come directly to me.
james bruce and other Law Specialists are ready to help you
Customer: replied 14 days ago.
OK great! Thank you for your help.

My pleasure

Customer: replied 14 days ago.
Hi there Mr. Bruce - just a quick question. We used my husbands German Credit card to pay for the purchase. Is this a concern for trying to access the money back?
In that case it may not apply, you would need to speak to the credit card company and see if they have a similar law in Germany.
Customer: replied 14 days ago.
Ok - any ideas about how to ask about that? Referencing the UK Credit card law?

Sorry that would be German law which I do not do.

You may need to stick with the money claim option.

Customer: replied 13 days ago.
OK - much appreciated.

Your welcome.

Customer: replied 13 days ago.
We have sent off the letter - posted it to their address. We are now reaching out and contacting the German credit cards to see the situation. I appreciate your help.
Your welcome, good luck.
Customer: replied 9 days ago.
Hi there! We just got the money back! We sent it to their address with FedEx, and then I sent it in the chat, and also emailed it to them. They were scrambling - so we very much appreciate the guidance about getting the money with that letter.
That is very good news, really pleased the letter worked for you.