On The Beach dispute

[djwigster]

Hi all, just wondering what you make of this one I am dealing with on behalf of a friend...

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Basically, she booked a holiday through On The Beach for her and her partner costing £685. During the initial enquiry and the subsequent phone call to book the holiday OTB could not give her the exact cost of the transfers due to the computer system being down, but advised that it was usually around £20 per person. Based on this information she paid a deposit of £260 and was advised to ring back later to add the transfers.

 

Upon ringing back she was told that it would actually cost £270 for the transfers. She found this cost to be prohibative so decided to cancel the booking.

 

OTB, said that would be fine, but she would lose the £260 deposit AND have to pay £75 in administrative fees etc.

She feels that OTB have deliberately withheld the true cost of the transfers until they have her deposit so that she basically

is left with no option than to pay it, or lose her deposit.

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My advice so far has been to say that I think she is fighting with one arm behind her back as it is her trying to get money back off them and not vice-versa. I have advised her to do a SAR to get the recordings of the phonecalls to see if these will bear fruit and OTB have agreed to send these. I also told her to rescind any "right" for OTB to attempt to collect the £75 admin fee from her bank. Also, she did not pay by credit card so there is no way she can claim back from her card etc.

 

Interested in your thoughts on this on. Like I say, I think she is going to have a tough time getting the money back, but hopefully one of you might have some better advise for her.

 

Thanks!

[Mossycat]

I think your friend has a valid reason to expect a full and complete refund, she was advised something that was wildly inaccurate and on the strength of that advice she made the booking.

 

How long was it between the initial booking and the cancellation (I'm asking because they may well try and argue that they lost a selling opportunity whilst the holiday had been booked by your friend)

 

Mossy

[djwigster]

How long was it between the initial booking and the cancellation (I'm asking because they may well try and argue that they lost a selling opportunity whilst the holiday had been booked by your friend)

 

Mossy

 

Thanks for the reply!

 

Im not sure of the exact dates, but I think it all happened within a quick timescale...certainly days, not weeks. I will confirm this as soon as I can though.

[djwigster]

I also told her to rescind any "right" for OTB to attempt to collect the £75 admin fee from her bank.

 

 

OK, an update for anyone who can offer advice.

 

Despite putting the following line in the letter of complaint:

 

Please note that I give no authorisation for you to attempt to take any further money from my account using the bank details you have for me, and any attempt to do so will be reported as theft.

 

...the cretins have now taken the full remaining amount from her bank account. She is understandably fuming at this.

 

What is the best course of action for her? She has reported this to her bank who are looking into it for her, but is their anything more she can do to get this money back quick? (it is theft in my eyes).

 

Many thanks

[Windsor]

Was this a credit card or Visa debit card? if so, do a chargeback.

 

If not, then send them a letter before action giving them 7 days in which to return the funds, no messing.

I can't see any court in the land upholding their theft of these funds.

[Conniff]

I would agree with the above post. Don't enter into a protracted letter conversation with them, send your demand and then threaten court. Don't threaten court if you're not prepared to go that far though.

 

The amount you are talking about can all be done on line at https://www.moneyclaim.gov.uk/csmco2/index.jsp

[djwigster]

Thanks for the advice...I will feed this back to her and keep you up-to-date with any progress