Travel Agent - Refund for cancelled holiday

[drdes]

I had booked a holiday in April which got cancelled for obvious reasons. The travel agent offered a voucher or to rebook which I refused. They did not offer a refund stating "ABTA guidelines". The holiday was in April and per regulations the money should have been returned to me in mid-April (within 14 days of cancellation). After to-ing and fro-ing, they then said that a refund would not be given until October at the earliest.

I then sent a Letter before Action asking for monies to be paid within 14 days or I will initiate legal action (amount is for c£7k) - the 14 days expires end of June. They have responded that they will pay me in the second half of July (as opposed to late June when my 14 day deadline expires).

Quite frankly I don't trust them and I want to dig my heels in and demand that they stick to my deadline - which is two and a half months later than it was due anyway.

My question is if I dig my heels in (ie reject their offer and demand that the pay within the timeline in my Letter before Action), and I end up going to court (which I am perfectly happy to do), would it affect (a) my chances of winning, (b) my ability reclaim court fees if I won and (c) the risk that I have to pay their legal costs even if I won?

This company has behaved atrociously including making libellous comments to Amex (where I tried to initiate a chargeback) and I'm not in the mood to compromise any more.

[efpom]

on a) No. It's a statutory implied contract term - PTR 2018 r.14(3).
on b) No
on c) It wil probably be small claims track. PTR 27(g) would be the only route for costs. You seem to have grounds for a costs order in your favour.

ABTA has issued no guideline requiring that a traveller is required to accept a voucher rather than a refund - goes to c). It's also a misleading action - Consumer Rights Act 2008

Also as trader because trader refused to comply with the PTR 2018, you have a claim for 'distress and inconvenience' - Consumer Rights Act (Amendment) Regulations 2014)

[Guest]

Um, my Claim online date ends in a few days time, the same problem, except I sent many letters, their phone on recorded, then cuts off, the only option was Claim on Line very easy, once the time is up, I expect the Company will delay paying us back. Update to follow.* *

[drdes]

Thanks. What happens if the Defendant offers to pay the amount owed after you file the claim - can you at this point decline stating that you want the court fees added as well (which are not insignificant) - c£400-500.?

[efpom]

You can settle at the door of the court or at any time beforehand. The amount you are prepared to settle for is your decision.

You can issue a claim up to six years after the event giving rise to the claim. If you win your case, court fees would be included in the Order.

If I was in your shoes, taking a pragmatic view, I would not issue proceedings until after their deadline for repayment has expired - i.e. end of July.

If they have paid up, you could, in theory claim for "distress and inconvenience" - essentially interest on your money between when they should have paid up under the PTR 2019 and when they did pay up + aggravation - at best £100. In my view "the game is not worth the candle".

If they have not paid up that's a different matter - you sue.

Be aware that if you do sue, you could wait a year or more for your case to be called on - meantime the defendant could have gone into liquidation.

*

[drdes]

The irony is that if they go into liquidation that would be a good thing since I can then go to ATOL to get my money back.

I have rejected their offer to pay in mid-July (quite frankly I don't trust them) and will initiate legal proceedings at the expiry of 14 days. I have told them to pay me in 14 days and on day 15 I file in the courts. If there is going to be a long queue, better to get into it early!

[efpom]

Do let the board know how you get on. Before you issue proceedings it would be worthwhile posting up a draft of what you propose to say on the claim form.

[drdes]

Do let the board know how you get on. Before you issue proceedings it would be worthwhile posting up a draft of what you propose to say on the claim form.

I will. Will probably ask for advice at that time. Let's see if it comes to it. I don't mind waiting for a year for it to come to court - 8% statutory interest is better than anything I am getting at the moment!

[drdes]

To close this one I got repaid in full in the end in mid July. It was 2 weeks after my 14 day deadline but overall happy!
Now on to new car issues (separate thread!)