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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78244
Experience:  Qualified Solicitor
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Need legal advice to recover Holliday money from travel firm

Customer Question

need legal advice to recover Holliday money from travel firm due to covid cancellation
JA: Where are you? It matters because laws vary by location.
Customer: Uk halifax West Yorkshire
JA: What steps have you taken so far?
Customer: written to Expedia and provided proof that the re payment has never been sent as payment from my account was taken but the bank account was closed and no repayment has been made
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: we have supplied bank statements to Expedia and proof of closure of the bank account but this still did not help this was my daughters 21st precent and was booked and paid for 2020 Holliday was cancelled in the very first USA lock down at a cost of 5 thousand pounds
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 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 16 days ago.

I understand your query relates to a refund for a holiday that was cancelled due to Covid. Has Expedia agreed to provide a refund? Please provide some more details of your situation

Customer: replied 16 days ago.
Expedia state the have provided the refund but this is impossible as the bank account the payment was made from is closed and I have all bank statements for this account
Expert:  Ben Jones replied 16 days ago.

OK thanks, ***** ***** you tried to contact the bank at all to query this?

Expert:  Ben Jones replied 16 days ago.

Hello, I was wondering if you have had a chance to consider my initial query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Customer: replied 16 days ago.
I did contated Santander and I was inforemed no payment could be made intro the old account and the money would have bounced back to the sender
Expert:  Ben Jones replied 16 days ago.

OK thanks and when did you supply the agent with your bank details?

Customer: replied 16 days ago.
We were advised that they can only pay into the account that the payment was made from
We supplied the paper work explaining the account had been shut for security reasons due to fraud and proved the paper work for my new account in my name
Expert:  Ben Jones replied 16 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens. Many thanks.

Expert:  Ben Jones replied 16 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. 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.

If you have tried to make reasonable attempts to recover the money but have been unable to do so, your only option in the end may be to consider a claim for compensation to try and recover the money owed that way.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. 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:

Expert:  Ben Jones replied 16 days ago.

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 compensation. 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.

Expert:  Ben Jones replied 16 days ago.

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 other side 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 other side 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 payment of the amount sought in the claim.

Expert:  Ben Jones replied 16 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 15 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.