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company falsely claiming money from me

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  • company falsely claiming money from me

    I've been receiving threatening emails from a travel company who believe I owe them £200.
    This is based on the fact I cancelled a holiday after paying the deposit.
    If the cancel date is beyond 42 days - 60% of holiday must be paid (£200).
    I received an email on day 42 saying it was my last chance, and to cancel immediately or pay the fee.
    "Should you need to cancel, this is your last chance to cancel resulting in loss of initial deposit (£150). After today, the cancellation fee will increase to 60% of your total trip cost, and then 80% until 100% of total booking as per the cancellation bands above. "

    I replied instantly informing them of my cancellation.
    It wasn't until the next day I received an email asking me to click a link called 'request cancellation' which I did.
    2 days later I received this:
    1. Please respond to this email stating that you confirm you have read the Terms & Conditions, and you wish to proceed with the cancellation.
    Again, I replied instantly. However the company are claiming this as the cancellation date thus being beyond the 42 day cancellation window.

    My question,
    Given the information, would I be liable to pay the additional cancellation fee.

    They've threatened to refer me to their debt collection team,
    If they take me to court and I this written email evidence of me cancelling the holiday on day 42.
    Will this be enough to win the case, and could I possibly have them pay compensation.


    Additional information;
    Terms & Conditions
    6.1 If you want to cancel your holiday, the Main Booker of your Group must advise us immediately by sending us an email to the following address help@wastelandski.com. Verbal cancellations will not be accepted.

    I emailed the main booker of the holiday weeks prior to this, and have evidence of such.
    T&C's

    https://booking.wastelandtravel.com/...ns-2022_23.pdf

    Tags: None

  • #2
    When you replied saying you wanted to cancel, was it to the help@ email address?

    Are you the main booker? If not, why are you receiving these demands?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hi,

      Yes when I replied it was directly to the help@wastelandski.com.

      I'm not the main booker, I haven't had any contact with them since sending the email saying I couldn't go.

      It's for a Uni ski society.

      Comment


      • #4
        clarification needed.

        1. Did you cancel l just for yourself or for the whole party?

        2. From whom did you receive the email on day 42?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Sure,

          It was just myself cancelling from the group of around 30.

          The email came from the travel companies customer support email

          Comment


          • #6
            I suggest that you stand your ground and state the facts as you see them.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Thank you I will.

              I was wondering, as i clearly have cancelled in time, if they try to take me to court.

              Is there anything i could benefit from this? Like counter claiming them for money for bringing a false case forward?


              Comment


              • #8
                Originally posted by picasso0 View Post
                Like counter claiming them for money for bringing a false case forward?
                No. This is why we have courts and judges - to hear and decide disputes.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment

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