Transfer to USA delayed five weeks - do I have a legal case?

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

They have offered two free transfers which I consider a joke.

I have told them that the stay at the Vegas resort alone was worth $4,000.

The same guy has just responded again after I insisted he escalate to his Supervisor, to state that I have not provided legitimate evidence supporting any costs I had incurred.

I don't know whether they're taking the line that without any actual FINANCIAL loss they won't be held responsible, or whether they want more legit evidence of the three night stay I was comped than the screengrab I sent which shows the value of the three night stay if you were to book today.

Thanks btw,

Simon

[wales01man]

Re: Transfer to USA delayed five weeks - do I have a legal case?

I think you will have tp offer more than a screen shot of what something may cost worth asking what they need to consider a claim from you I would expect they will offer minimal compensation its going tobe an uphill battle.

Sure someone on here will help with the Legal side of things

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

It will be interesting where travelwise has its base of opeations registered.

No doubt some offshore haven due to tax liability

Jurisdiction might be an issue with this as well

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

It's in the UK - I just checked Companies House.

- - - Updated - - -

They also state just as much on their website.

[R0b]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Jurisdiction is not an issue, contract is governed by English law.

As for evidence, your evidence will be the loss of use of the hotel that you intended to stay in as a result of their failure to transfer the money - a direct loss resulting from their breach of contract.
Work out the difference between the hotel you stayed in and the hotel you had to choose (assuming its cheaper) and that's your loss amongst other things.

You would fail to argue under the indirect loss limb as it was not contemplated between the parties i.e. you did not inform them what the money was used for - or did you? for example when transferring the money was there any questioning as to why you used their service for that specific reason or was it just a case of making a transfer.

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Were the hotel costs and excursions etc not paid for in advance??

Is the main point of your complaint that you had to cut back on personal expenditure during the trip?

How can you Quantify any loss on basically beer money and incidentals??

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Yes I was unable to do anything I had planned to in Vegas etc. The hotel stay was arranged a couple of weeks in advance and was a complimentary stay but worth 4K.

But I could not go to any shows, couldn't go out to the nights/nightclubs I had bought tickets for, couldn't eat hotel buffets or go out for a meal, couldn't keep a date I had arranged with a certain lady.

All in all it was ridiculous - I was taking public transport from the airport, I was buying from 7-11 to eat, the whole trip was ruined and utterly depressing.

And worst of all was that I was forced to make use of the non-refundable flights and the three night stay because booking a place to stay where I was and not using the flights and resort stay would have actually cost me more - money I suddenly didn't have.

[des8]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Have you been writing or phoning your complaints.
Writing, even email, to the CEO might get you a better offer.
Comment on Trustpilot &/or Twitter ?

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

They've now said they won't respond to any more emails - after I sent them definitive proof of my resort stay in Vegas. They said : "Despite our explanations and several requests, you have not provided any considerable evidence to suggest damages caused, and therefore this will be our final response on the matter"

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Which is correct in my opinion

How can you quantify loss on beer money and incidentals??

[stevemLS]

Re: Transfer to USA delayed five weeks - do I have a legal case?

For whatever reason you had a complimentary stay at the hotel, you can't then claim what it "would have" cost at rack rate, you have incurred no loss.

I'm sure I must have missed the point, you thought you had 7k in your account but in fact only had 5.5k? In those circumstances whilst I can see that you may have had to modify your plans I can't see how that would cause the penury you describe? What, exactly did that have to fund and what had been paid for in advance?

[des8]

Re: Transfer to USA delayed five weeks - do I have a legal case?

If there was to be a court action, IMO it would have to be a claim for damages to compensate for the limitations resulting from Transferwise's negligence, on the OP's ability to participate in and derive pleasure from the holiday (loss of enjoyment).
Whether or not it would be successful is another question, bearing in mind the defence of remoteness in that Transferwise were not aware of the reason for the transfer of funds.

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

It was spending money for my holiday, to fund eating nice food In restaurants, drinking/socialising, fast transportation, and things like going to shows, nights out, entertainment and visiting my friends in Chicago and Vegas.

As a result of lack of funds I was eating junk food, not able to go to the pub or to clubs, not able to socialise with friends, not able to go to shows or events I had already purchased tickets for, and I had to use public transportation instead of things like Uber or shuttle services to/from the airport.

As I gave up my work before this vacation, and ineeded at least 4/5k with deposit to rent a new place on finishing said vacation (I live in San Diego). I suddenly found myself in a very real and very scary situation of not knowing if I was going to be able to make ends meet. It was horrible.

Transferwise have a trading and business address in the USA.

[R0b]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Was about to post what des8 says. Loss of enjoyment is a valid head of claim, although I am only aware of loss of enjoyment cases where it arises in connection with personal injury. The problem you might have here is how do you actually put a value on the compensation your seeking.

Milner v Carnival Plc 2010 is a useful case, I think it gives guidance on loss of enjoyment relating to distress and inconvenience, haven't read it myself yet but could be a starting point.

[wales01man]

Re: Transfer to USA delayed five weeks - do I have a legal case?

If you live in the USA you need to claim there if you claim in the UK might cause problems