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TheLawLDN
TheLawLDN, Lawyer
Category: Law
Satisfied Customers: 373
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I had a holiday in March which was completely ruined I tried

Customer Question

I had a holiday in March which was completely ruined I tried to get money back from travel agents, eventually got £450 which we said was not acceptable, contacted barclaycard for chargeback got the money through and now travel agents say they gonna take us to small claims court to retrieve the money as we had too much???
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: nope had advice from citizens advice.. in the uk, uk company holiday was to rome
JA: What steps have you taken so far?
Customer: emailed company numerous times, got nowhere so went to barclaycard who had the money back for us!! Now letter come through from agents saying we need to pay back within 28 days or go to court!?
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 don’t think so!
Submitted: 10 days ago.
Category: Law
Expert:  TheLawLDN replied 10 days ago.

Hello, I'm an adviser with JA and I will try to help you.

Please note the following:

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Customer: replied 10 days ago.
Ok
Expert:  TheLawLDN replied 10 days ago.

Hello, would you mind uploading the letter you received? (after redacting the personal information)

Customer: replied 10 days ago.
Our Booking Ref. GTG-667826
Dear Mrs Evans
You have recently put in a chargeback for the balance payment of your holiday when you have
already been adequately compensated for the issue which you agreed to as a final settlement, which
means you have now received in refunds and chargebacks, more than the full cost of your holiday.
As you were already adequately compensated for the issue and as we stated it was a final settlement
figure, then receiving more than the cost of your holiday back is unacceptable and we are now
seeking money to be returned to us before we proceed to the next step which would be a small claims
court.
We have spoken to our legal advisors who has advised we send you this letter first, to give you the
opportunity to refund money back to us, so not having to proceed straight to a small claims court and
we are willing to just accept a refund of £700.00, which would then still be you receiving nearly 50% of
your holiday back.
You have until 28 days from the day of this letter to refund £700.00 back to the account details below,
otherwise if you not received, then we will have no choice but to start court proceedings and seek to
claim all the chargeback money through legal proceedings.
Thank you for your understanding and once we receiving the money back into the below account then
we can draw a line under this issue and no court action will be issued.Reference - M1877/667826
Yours sincerely, ***** *****
Expert:  TheLawLDN replied 10 days ago.

Can you clarify whether you declared that you were accepting the refund  from them "in full and final settlement"?

Can you also explain why you claimed the chargeback?

Expert:  TheLawLDN replied 10 days ago.

Hello?

Customer: replied 10 days ago.
We accepted the money, on the understanding that it was NOT final settlement.. as we Wer r getting anywhere with them. We booked holiday to Rome as a Christmas present for my daughter’s, then we had covid and it had tobe pushed on, eventually went March… landed in Rome no transfers!!!! Took a taxi keep receipts to our hotel.. tuned up 8 ish at night hotel was shut!! Taxi driver dropped us off in middle of town, was raining had to take cover in a restaurant as we Wer four people with luggage, anyway eventually got hold of travel company who eventually booked us into another hotel, had taxi (got receipts) to other hotel and this was also closed!!!!! Now back on phone to travel agents my daughters crying in the rain couldn’t get a taxi as middle of nowhere, eventually put us into another hotel when eventually got a taxi again got to hotel and it had just been cancelled?? They let us stay, this hotel was out of town from all the attractions in Rome so needed a taxi everywhere, I’d just had an operation hence booking in town…
Customer: replied 10 days ago.
we Weren’t happy with the offer back so went through barclaycard
Expert:  TheLawLDN replied 10 days ago.

I see.

And how much were you refunded in total (agent+chargeback) on a price of X that you paid for the holiday?

Expert:  TheLawLDN replied 10 days ago.

Also, when you claimed for the chargeback, did you disclose that you had got a partial refund from the merchant?

Customer: replied 10 days ago.
We paid £1269 for the holiday and incurred approx £250 in costs taxis transfers etc, they company refunded us £450 and we went to barclaycard who charged back £869, which we thought was the end of it.. no expenses or compensation we just had total cost holiday back…
Customer: replied 10 days ago.
Don’t want phone call I’m on work
Expert:  TheLawLDN replied 10 days ago.

No worries for the call, it's offered by default by the platform.

Expert:  TheLawLDN replied 10 days ago.

So you had informed Barclaycard of the partial refund or were the informed by the travel agent?

Customer: replied 10 days ago.
No we told barclaycard that we had £450 back….
Customer: replied 10 days ago.
We contacted Barclay As far as barclaycard we’re concerned they company admitted liability and returned the money now they changing us??
Customer: replied 10 days ago.
Chasing
Expert:  TheLawLDN replied 10 days ago.

When a chargeback is granted, the merchant can either accept it or challenge it.

In the latter case, the merchant will resubmit the charge along with a rebuttal letter and the necessary evidence to disprove the claim.

After this, the issuing bank will review the new evidence and make a decision and, if they find in favour of the merchant, the funds will be returned and an arbitration procedure is normally triggered. 

Customer: replied 10 days ago.
Wen we spoke to barclaycard they said that the agents didn’t agree with the chargeback stating the reason that we should have contacted the hotel prior to leaving for our holiday, barclaycard didn’t agree with this stating that is advice and not a term and condition so rules in favour of the chargeback!
Customer: replied 10 days ago.
why are they now chasing us?
Expert:  TheLawLDN replied 10 days ago.

It is not clear whether, in this case, the travel agent challenged the chargeback or is trying to do now after missing the above described procedure of "representment".

However, since you received a letter threatening legal action, I must recommend that you speak with a solicitor, who will - presumably - dispute the right of the merchant to fight the chargeback at this point and in any event confirm that you had the right to the refund and compensation.

Expert:  TheLawLDN replied 10 days ago.

Diid you pay by credit card?

Customer: replied 10 days ago.
barclaycard
Expert:  TheLawLDN replied 10 days ago.

As you paid by credit card, your claim was classified as a Section 75 Consumer Credit Act 1974, for which the credit card company is jointly liable, hence the response from Barclaycard.

This should make your position stronger but, as I said, even more if the travel agent's claim is unlawful you need to get legal advice from a solicitor.

Expert:  TheLawLDN replied 10 days ago.

I hope this information is helpful and I wish you the best.

Please do not hesitate to contact JA again if you need help and you may ask to speak with me directly if you wish ("For TheLawLDN only").

I would appreciate it if you could provide a positive rating, if you wish so of course.

Thank you very much.

Regards.

Customer: replied 10 days ago.
Thank u
Expert:  TheLawLDN replied 10 days ago.

You are welcome.