This is the full defence
1. It is accepted that the claimant made a booking on 5 june 19 to depart 20 mar 20, the booking was for an apt on a s/c basis for 4 nights in Benidorm, with outbound and return flights plus transfers to and from the apt. The total cost was £347.57.
2. The claimants booking was subsequently cancelled as a result of the covid 19 pandemic and the ensuing travel ban. The defendant would like to point out that the travel ban imposed was an extraordinary circumstance and one which is beyond the realms of the defendants control.
3. Due to the enormity of the travel ban the impact to the defendant’s operation is unprecedented and the defendant is having to deal with all of its affected bookings in chronological order.
(A logical approach, no arguments here)
4. The defendant is constantly updating its website and sending communication to its affected customers in order of travel date.
(You mean that i either accept a credit note or take a 10% deduction in a refund that will take over a year, nope sorry)
5. In addition, the defendant was also experiencing its own delays from its suppliers who were also affected with cancellations.
The defendant would also like to clarify it has not at any stage refused to provide a refund.
(I have never said that i was refused a refund, i was unwilling to accept you taking 10% of it)
The defendant has been working in unprecedented circumstances and has been dealing with requests for refunds, credit notes and rebooking issues, tirelessly since the travel ban in march 20. Further operational delays have been experienced with the “ work from home” policy applied to the business in line with government advice and this has been communicated to all customers including the claimant.
(Nope, it wasn't communicated to me at any time)
6. The defendant has emailed customers detailing how the refund process works on an individual basis as it processes the cancellations with its suppliers.
(I have not received anything detailing how the refund process works, had i have, we would not be in litigation would we)
unfortunately the defendant is experiencing significant delays between suppliers cancelling and sending refunds through.
(Well, Ryanair refunded the flights in july 2020! I have the email confirming)
The claimant, having been made aware by the defendant that there would be delays in refunding, issued the claim against the defendant.
(Yes i can understand some delay while you are dealing with everyone’s cancellations et al. In Jan 21 you were dealing with my refund, by may 21 you were processing it, by June 21 i lost patience and issued the claim)
7. On 15th June 21, the defendant processed a refund for the total sum of £347.57 to the claimants bank account.
(But sadly you ignored the Letter of Claim, warning what would happen and when, on 2nd June the claim was issued as you were informed it would be)
8. The claimant is now in receipt of a full refund.
(Agreed, refund now received since the claim was issued, BUT, i have incurred further costs in issuing the claim)
9. As only the claimant is able to stop a claim, the defendant trusts that the claimant will now contact the county court business centre to advise that this case is settled and ask for the claim to be discontinued.
(The claimant will only discontinue the claim once the additional costs have been given back to me, the trust is sadly misplaced if you think otherwise. In addition, if further costs are incurred in the course of pursuing these will also need to be repaid )