Going to write to CCC in the meantime to see if it was actually a s75 refund

Responses from other parties: Agent: Letter 1) Stated that they had forwarded my letter to tour operator Letter 2) Forwarded tour operator's response to me (letter 3 below) Operator: Letters 1 & 2: Standard apology letters appreciating my 'feedback' Letters 3 (fwded by agent): Jist as follows: "According to the manager of the hotel, all bathrooms had been cleaned and inspected", "We are sorry you were dissatisfied", Ends. No mention of refund,compensation etc Credit card company: - In first instance matter discussed over the phone then I forwarded my letters and agents/operators (unconstructive) responses to them. Letter received from CCC (Oct 2007): "We can confirm that we have charged the transaction you disputed back to the merchant and you should see a credit for the amount on your next statement. Please note that the merchant has 45 days to return the transactions. In the event that we can take no further action, the credit amount will be reversed in accordance with the Card Scheme rules and wil appear on a future statement." Now I reflect on this, it worries me that they seem to have just recharged the merchant rather than invoked s75. There is now mention of s75. At the time, I was aware of CCC's being liable for faulty goods etc (what I now know to be s75) and this is what I had in mind when I contacted them. Agents recent letter (May 08 - ie nearly 9 mths after chargeback): "We have been informed by your card issuing company that payment for your holiday has, at your request, been reimbursed to you...Provide us with an alternative form of payment to cover this debt within 7 days" Its all a bit messy. Wonder whether I should: - Write to CCC informing them of developments and my assumption that s75 was invoked and so dispute lies between them and agent - Write to agent saying its my u/s that the refund was obtained under s75 and so they should contact the CCC for payment if they believe it due

My apologies for any confusion. A refund for the entire cost of the package holiday was booked to my credit card by the credit card company. It would appear that (to balance the books) the card company debited the travel agent's (the merchant's) account by the same amount. Hence the agent is now out of pocket for the cost of the holiday and is seeking payment from me. Hope this clarifies and any help appreciated

http://www.consumeractiongroup.co.uk/forum/holiday-companies/114208-goldtrail-advice-sought-re.html Apologies for linking to an old thread of mine (posted on the holiday forum) but, as described in my recent post, the issues have changed slightly. Following my successfully obtaining a refund under s75, the travel agent is now asking for the money from me. What can I (legally) tell them? Conscious that I could be on marginal ground since the refund was obtained from the agent (not the operator). I think CCA 74 still applies. Even though the hotel room related breach of contract may have been committed by the operator, the agent (I believe) misrepresented - also covered by s75? Any help much appreciated

I never did receive a constructive response from either Goldtrail or First Choice (the agent). However, I had successfully obtained a refund for the holiday from my credit card company after sending them copies of my letters and photographs - so I didnt mind. Just (over 6 months later!) had a std letter from First Choice saying they've just noticed the credit card refund and could I send a cheque in to cover the cost of the hol. I've written them a 2 liner referring them back to my previous corresp (I've already put a lot of effort into writing those letters, dont see why i should expend more when all i get in return is std letters!) BUT...Before they get back to me, I would appreciate some clarification on where I stand. The credit card refund was from the agent, whereas it was the travel company who didnt deliver the holiday. Does this matter? Does the agent owe me a duty of care to deal with Goldtrail's failure to deliver? Can the agent (as agent) be liable if they book something then doesnt conform to contract? Just worried that I may end up losing if First Choice sue me for the money. Want to be sure of my ground before (if i have to) tell them to Small Claim Court me for it. In the meantime, I'm in the happy position of being in possession of the money. Thank you CCA '74! Thanks for any help

Which Act states that it is an offence to demand payment of a debt that is not due/they know not to be due? Thanks

To save wasting too much of your time, I would write a standard letter and send this in response to any spurious demand for money you receive. Maybe have 1 initial letter, requesting proof of contract etc Then a 2nd (for if you receive further demands) reiterating that you still cannot agree that the debt exists unless you receive the documents you requested in letter 1, this is my final communication etc

Thanks for your replies so far. i have now composed my response to Goldtrail. Any comments appreciated Dear Sir Letter before action Your ref: I refer to my letter of 1 August 2007 and your reply dated 29 August 2007 that was forwarded to me by [travel agent] under cover of a letter dated 13 September 2007. I am disappointed that your letter does not make any reference to the breach of contract that I allege and does not make any comment in relation to the reimbursement of costs of £200 that I requested. Your lack of response in relation to these matters now prompts me to notify you of the actions that I propose to take in order to resolve my complaints. I will give you a further 28 days to reflect on the matters raised in my letter of 1 August 2007 and to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you do not respond, or if again you do not respond positively within this time period, I shall issue a county court claim. I wish to reaffirm my desire to settle this matter amicably and I hope that you will now choose to enter into a serious dialogue with me in order to achieve this aim. This letter clearly informs you of the further action that I will take if you do not. Yours faithfully

The key photos referred to in my initial letter: 1 Room as advertised on Goldtrail website Holidays to Turkey - Marmaris, Bodrum, Icmeler, Antalya and beyond with Goldtrail 2 Photos taken by me: Argh! Just realised I can't insert photos from my computer. I think you need to see them as I believe they are the evidence I need for my claim. I have uploaded them onto a photosharing site, link below: Public Album (Delfin 2 is the main photo showing the mattresses on the floor) (btw - Rob Smith is not my real name!!) Thanks

Hi everyone I would be very grateful if you could read the below and offer you comments and advice. Much appreciated. Thankyou. Background I recently took a holiday with Goldtrail that was booked through First Choice. A copy of the letter of complaint (see below) that I sent to both Goldtrail and First Choice sets out what went wrong etc and all the details I hope you will need in order to advise. Today I received a letter from Goldtrail (sent via First Choice) that basically says "Sorry you had a bad holiday". I think there is only one paragraph worthy of note so I have typed it later on. ..................................................................................................... My letter of complaint: Dear Sir Formal Complaint Booking ref: On X July 2007,I returned from a holiday which was booked through First Choice Travel and which was provided by Goldtrail. Please take this letter as a formal complaint, which I have sent to your Customer Services department, as requested in the booking details provided to me (albeit they arrived at my address while I was on holiday). Below, I have set out the background to my claim and the redress which I expect. Background Accommodation We arrived at the XXX, Gumbet, Turkey at approximately 4am (local time) on X July 2007. Upon arrival, the hotel receptionist informed us that our room was not available and we had, therefore, been allocated to a “small room” (the term used by him). Upon inspection, the room was found to be of an unacceptable standard. In particular: Beds were not provided. Instead, two mattresses had been placed on either side of a door which led to a bathroom; The mattresses were filthy and were covered by dirty 'white' bed sheets. One bed sheet even had a hole in it; The bathroom area was dark and dank and smelt of sewage. I took a number of photographs of the room, print outs of which are enclosed at appendix 1. I have also enclosed, at appendix 2, a copy of a photograph of a bedroom in the Delfin Hotel as taken from the Goldtrail website. By comparing the photographs enclosed at appendix 1 and appendix 2, I trust that we can agree that the room provided was significantly below the standard that was advertised. Complaint and resolution During the day, we explained to the management of the hotel that our room was unacceptable and asked when a normal room would be available. We were informed that we would have to spend at least one more night in the 'small room'. As, at the time of check-in, we were led to believe that we would only need to spend one night in the “small room”, I formed the view that it was possible that a normal room would not become available to us until much later in the week, if at all. I called the Goldtrail office in Gumbet who sent one of their representatives (“Aimee”) to inspect our hotel room. Within seconds of entering the room, Aimee agreed that the room was of an unacceptable standard and agreed to try to relocate us. Following a call to the office, she informed us that she would not be able to relocate us for another 2 nights. I explained that I believed this to be an unacceptable solution given that it would result in our spending approximately half our holiday in our present room. I informed Aimee that I understood rooms were available in another Goldtrail hotel (the Hotel Y). We were informed that Goldtrail were not prepared to offer relocation to this hotel as a solution. It was also understood that it is Goldtrail's policy to charge fees in respect of hotel relocations. I am unable to agree that any fees should be payable when the necessity to relocate has been caused by Goldtrail. I informed Aimee that we considered her solutions for resolving the matter to be unacceptable and that we would, therefore, find alternative accommodation ourselves. This we achieved by booking a room at the Hotel Y. The cost of the room, for the remaining six nights of the holiday, was £200. A receipt was obtained in respect of the money paid. A copy of this is enclosed at appendix 3. It will be noted that the opportunity to complete a complaint form was not offered by Aimee. As we did not see her for the remainder of the holiday, I requested a form from the representative who escorted us from the hotel to the airport. She informed me that she did not have any, but suggested that I complete a customer feedback form. This I did and returned the form to her. It should be noted that, despite providing my name and email address on the form, I have not yet been contacted by Goldtrail regarding my complaint. My claim In summary, I allege that: the accommodation provided fell significantly below an acceptable standard. As Aimee (a representative of Goldtrail) concurred with my opinion, I trust that this can be accepted as fact. the standard of the accommodation provided resulted in a breach of the contract which existed between us in respect of the holiday. Goldtrail was given the opportunity to resolve this matter but the solution offered was unacceptable given that it would have resulted in our spending approximately half our holiday in accommodation which we had agreed to be of an unacceptable standard. It should be noted that I suggested a reasonable solution (relocation to a local Goldtrail hotel) which was refused. In respect of the above, I request that I be reimbursed the costs which I reasonably incurred in resolving the matter. I believe that I would also be entitled to compensation in respect of the night we spent in the substandard room and the inconvenience incurred, however, in order to resolve this matter speedily, I am prepared to accept £200 as reimbursement for the cost of alternative accommodation. This suggestion is without prejudice to any action which I may be required to take in the future, however, I am hopeful that we can resolve this matter amicably. Until our dispute is resolved, I have seen fit to raise a dispute in respect of the cost of the holiday with my credit card provider. I look forward to receiving your acknowledgement to my letter (within 14 days) and your response (within 28 days). Yours faithfully [Photos attached in next message] ................................................................................................... Paragraph worthy of note from Goldtrails response: ...According to the manager of the X Hotel, all bathrooms had been thoroughly cleaned and maintained prior to occupation. The rooms were also inspected by our overseas management team and no quality issues were evident during these inspections.... Basically the tone of the letter is sorry you had a bad holiday and thank you for your feedback. ..................................................................................................... Next steps: - I propose to write demanding the £200 that I believe I can claim or I will file a claim in the small claims court. I will give them 28 days to respond of course. Do you think this is a winnable case? Is it blocked by statute of any sort? They don't seem to be denying any allegations other than the dirtiness of the room. While my photos might not show the dirt clearly they do show the mattresses on the floor and the fact that the room is clearly not as advertised. Is this sufficient to show breach of contract? - From what my credit card company initially said, I now understand that the level of protection that exists by purchasing by credit card is less than I had previously thought. I had hoped the card company could refund my money therefore forcing Goldtrail to either accept it or issue a claim against me. Although I have put the item in dispute, I'm not sure at what stage i can have the money? Only if I sue? Any help on this point appreciated also Many thanks for your time Letterwriter

This seems to be the only relevant paragraph in there: 6. Freeola Anytime is subject to a minimum term of 1 payment month. After your initial payment has cleared, you may give notice to cancel your service at any time (using Your Freeola Settings) and as long as we receive your request on or before the last day of the current payment month, the cancellation will take effect from midnight on the first day of the following month. At this point we will cease charging and your Freeola account will not be able to access the Freeola Anytime dial-up number. However, you will still be able to enjoy all the benefits of Freeola's free internet services and the internet by using the Freeola 0845 dial-up numbers which are charged at local call rates by your telephone provider. No mention of any consumer regs/legislation and, as I say, does seem reasonable enough, but if anyone knows if there's any way I could claim a refund, please let me know Thanks

Last Monday, upon moving into a rented flat, I signed up for Freeola Anytime dial up internet. Later, I found that the landlord had signed up for broadband so I would not need to use the dial up connection. I cancelled my subscription today (so bang on 7 days) without having ever used it. When doing I politely asked whether they would be willing to refund the first months subscription (£14) as the connection was unused. They said "no" I dont think I cam covered by the Distance Selling Regulations (but I'm no expert). Is there any other way I can get my £14 back? Btw - I dont think Freeola are being unreasonable. But if I can get the £14 back it would be better than losing it! Thanks in advance for any replies

The Big 4 are usually more subtle in their methods of providing 'negative feedback' to employees (whether justified or not). In my 5 years with one firm, I have seen some good people pushed out because they didnt quite conform to the ways of the dept they were in or didnt fit in with the cliques most depts develop. They were simply treated badly (publicly) until they 'took the hint' and left. I dont know anyone in a Big 4 firm who is in a Union and I think it would be frowned upon if anyone were to join one. It simply isn't the 'done thing'. We are, of course, members of our professional bodies, but they are really there to look after the 'profession' as opposed to help with personal issues an individual may have. All in all - lots of people apply to the Big 4, far fewer get in. Many of those who get in find it isnt the dream job they thought it might be. These firms are hugely ambitious and, as their assets are their people, they drive them very hard so the firm succeeds. At the moment, the Big 4 see 20% pa growth as a minimum so they are driving their staff hard to get it. The things I have seen done to staff in my 5 years are nothing compared to what has happened to your daughter and I am disgusted by it. I am also surprised - These firms have large HR depts and, given they work in a regulated/legislated environment, are usually very conscious of legislation etc I just hope your daughter gets a win at a tribunal and succeeds in getting a new job - one she enjoys and with a good employer. Let us know how you get on.

A few weeks ago, someone put a catalogue through my letterbox, inviting me to order things from it, then leave the catalogue (and order form if applicable) outside my front door so he could collect it at Xam on X date. I have been working away a lot recently and didnt come home for several weeks, so not only did I have this catalogue, but 3 'calling cards' saying that he'd been to try to collect catalogue but it wasn't on my doorstep and saying when he'd call next. It's a bit of a theoretical question, but what's the legal position on such things? If someone sticks something through your letterbox does it become your property to return/throw away as you see fit, or can they demand it back? Original catalogue did have a note on it suggesting he would collect it at a later date - don't know if this makes a difference. Thoughts appreciated Cheers

I realise that am I very unlikely to get a weekend appointment as requested. As I am prepared to be in on a weekend (just not for 10 hours) then I think I may rework my letter slightly. I'm more bothered about the timeframe than the day Thanks for comments from all so far I am thinking of writing more letters to companies in order to complain about poor service etc. If there is a chance people may be interested then I would be more than happy to post them on here. The feedback I have received has been useful and, you never know, the letters may help/inspire others to write in more when they have a problem or complaint.

Yes, I agree that my work circumstances are unusual over the next couple of months in that I am working away a lot. Whether working away or not, I would consider that, in order to be reasonable, I should offer (when I receive my call) to arrange to be in on a weekday. It would, however, need to be a more specific time as, I could never justify sitting in at home for up to 10 hours just waiting for someone to call. Companies need to have more respect for people's time (whether they are fitting meters or delivering your new fridge) and this is partly the point I am seeking to make with my letter. I do realise that this point will fall on deaf ears and that no one will take any notice of a lone nutter wielding a pen. But if we had thousands of nutters wielding pens.............

Thanks for your replies. As promised here is the letter I think I should send. Replying to letters by letter. I like tradition! Maybe we could have a section of the website for letters people have received and the recipient (or others) could post sample/suggested responses. Many letters people get are pro forma letters sent to many so posting replies online could have time for others. Anyway, thats all another day! Response to MeterPlus:- Dear Mr ******** Appointment re exchange of electricity meter I refer to your letter which I received on 17 June 2006 regarding exchanging the electricity meter in my house. I appreciate your concerns for my safety and I am grateful for your offer to exchange my current meter. Unfortunately, the date which you suggested in your letter is not convenient for me due to work commitments. Indeed, any working day during July and August would not be convenient as I am working away from home during this period. I will, however, be returning some weekends and would be delighted to make an appointment for one of these days. When suggesting an alternative day for our appointment, I would kindly request that you suggest a specific time for this. Offering a ‘window’ of 10 hours, for a job lasting half an hour is simply unreasonable, especially as I would need to make a special effort to be in on the day in question, which may include travelling up from London. I am sure that you can appreciate my circumstances over this period and my need for us to agree a specific date and time. I look forward to your next contact, during which I hope we can agree a mutually convenient time and date. When making contact, while I am happy to continue corresponding by letter (as initiated by you), a telephone call may speed up the process. Please therefore feel free to call me on *********. Please be aware that this number is supplied for the purposes of the transaction referred to in the title of this letter only and must not be used for any other purpose. I look forward to hearing from either you or one of your colleagues. Kind regards Yours sincerely

For a long time, I have been (as have a lot of people) frustrated by the way one is treated by large companies, and particularly by their call centres - being made to wait in a queue etc. In short - what I am proposing in this thread is that when a company (usually utility companies) send a letter, we respond by letter, thus avoiding waiting in a queue on the phone. In such letters, I have been: 1) Thanking the company for their correspondence 2) Responding to any queries/appointment suggested by them 3) Inviting them to call me if they have any queries Thus I circumvent the call centre queue and probably throw a spanner in the works of their system which is set up to work in only the way they want it to work regardless of consumer preference or need. The longer version of the story is that: Recently, I received a letter from Meterplus, informing me that as my meter is so many years old and has to be replaced. The letter then went on to say that they would come out on X date between 8am and 6pm. I was advised that if I wished to change this appointment, I should call the call centre. Firstly I took exception to an appointment being arranged without discussion. I have always understood an appointment to be a mutually convenient time agreed between the relevant parties rather than one imposed and presumed by one party. Secondly, I take exception with the presumption that I am happy to sit at home for a 10 hour stretch, on a working day, waiting for them to arrive AT THEIR CONVENIENCE to perform a 30 minute (their estimate) job. I feel it is disrespectful of the value of my time. Being suitable annoyed, and not wishing to wait in a telephone queue just to speak to someone in a call centre who would, I'm sure, insist that 10 hour windows is all they can book etc etc and all the usual fobbings off, I decided to write a letter. In all, I drafted two letters, and decided to send the first one - that being the less arsey of the pair! I am happy to put these letters on the forum and ask others to join me in corresponding with firms in the old fashioned way. If you have made it this far, then thank you for reading. All responses appreciated. I would also like to make the point that I do not have anything against call centre workers personally (indeed many are very polite and apologetic that the system imposed by their employer is the way it is). It is the system as a whole which I do not like from the queues to the lack of flexibility offered to any issue a customer may have. Thankyou Letterwriter