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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
    • Have you not already served a CPR 31.14 ?   You dont request the agreement by way of a CPR 31.14 you use a CCA (section 78) request which you have already done and they have not complied.Therefore they remain in default of your request and unable to enforce the agreement.   Screen shots of the application/sign up are not compliant with a Section 78 request.
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Andy111

Booking.com cancellation but successful chargeback then reversed by bank

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I'm asking about this for my mum.

 

They booked a break through booking.com for this last October, only they got the dates wrong and tried to cancel and re-book.

The rebooking was made and payment for that taken. 

 

Only when trying to cancel the original booking it was suggested (assumingly by booking.com) they cancel via the hotel directly yet the number provided was a fax machine number and no alternative number was provided.  My mum called booking.com who said they would try to call and cancel for her.  She heard nothing back but the money for the original booking went from pending back into the account so she assumed they cancelled as the money went back into her bank account.

 

Only today that money for the original booking has gone back out of her bank again leaving her with nothing at all in the bank. 

She has a email off the bank\visa which isn't clear and suggests that they have reversed the payment as the cancellation can't be verified or something. 

 

Can anyone please offer any advice for her as the bank & visa look to be wiping their hands of the situation despite that they are the ones who have sent the cancellation payment back and offered an unclear reasoning for this.

 

In the first instance I've suggested she contact booking.com as they took the original booking and assumingly payment. 

Yet my mum said the email off the bank\visa indicated the payment & dispute is with the hotel booked?.

 

 

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AFAIK unless the bank has received a complaint from whomever had the 'charged-back' from returning the money into her account, the bank just can't decide to return it to whomever she originally paid.

 

 


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I'd have thought pretty much the same.  Having spoke to my mum last night she did say that she contacted booking.com and that they said they would cancel the booking, with not having heard back from them she, as said, seen the money for the original booking going from pending back into her bank account and only now has it been took again.

 

What's confused things further is the email she received that she forwarded on to me which I can post here: 

 

"

About your dispute

We have no direct contact with individual retailers, although in some instances, investigations may be made through Visa International, but we are subject to their rules of enquiry and strict time constraints.

We do sympathise with your predicament but it is with regret that we are not able to offer any assistance on this occasion. A transaction undertaken using a debit card is a guaranteed form of payment and the only line of enquiry available is if the retailer is in clear breach of their contract. In this instance there is no documentary evidence to support your claim and as such, we have no recourse to the retailer.

Although we are unable to process a claim for you through Visa dispute resolution, it does not necessarily follow that you do not have a case. If you pursue the matter through your local Trading Standards Authority or Citizens Advice Bureau they may be able to advise you further.

What will happen next

Any temporary refund(s) that was made to your account pending investigation will be reversed and reflected on your next statement.

We are very sorry that we can’t continue your dispute but we trust the information supplied clarifies the Bank’s position.

Yours sincerely

Fraud & Chargeback Operations"

 

The above suggests she made a charge back which she said she never and the payment looks like it was reversed by booking.com at the time.

 

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OK, a little more clarity on the situation having spoken to my mum this morning.  

 

She cancelled the original booking (due to wrong dates) with booking.com and as said the money went from pending back into available funds. Then at some point late October her account was debited again for what I assume was the original amount. 

 

She disputed this with the bank as she had cancelled and already received the refund to back this up.  the bank did a charge back. 

Then having heard nothing they reversed the payment yesterday and she received the email I posted above. 

 

There was a part of the email off the bank\visa I retracted which mentions the hotel directly that she booked via booking.com.  Yet as she never made the booking direct with the hotel, so this seems a little odd.

 

Now, I might be wrong, but surely if it was accepted the original booking was cancelled as the money was refunded, well in order to retake the funds wouldn't another booking have to have been made with the same hotel which it wasn't?.

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I would guess the hotel and not booking.com, whom originally agreed the cancellation, complained about the chargeback and the bank or visa reversed it after receiving their evidence .

 

 


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That does sound a reasonable guess on the face of it.  But the received email appears somewhat unclear in just what its saying and offering in way of any form of explanation.  It refers to "time constraints"  & "retailer" which I assume should be booking.com & not the hotel itself?.

 

Nowhere in the email does it directly say or suggest the charge back was appealed as such except for saying it would only be upheld if its shown the retailer is in breach of contract and as this could not be shown they reversed the charge back.  

 

But surely the "contract" was the original booking with booking.com which by nature of them reversing the payment would be considered ended.  If the hotel did not agree with the cancellation surely that's a matter between the hotel & booking.com?.

 

So what possible options might my mum have seeing as booking.com considered the booking I contract cancelled yet the hotel seemingly not?.

 

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are booking.com aware that the hotel has appealed the chargeback and the bank has upheld their appeal thus returning the money back to the hotel?

 

I know they are two sep issues, but is the new holiday with the same hotel or chain?


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I've asked my mum to phone booking.com to ask if they are aware of the charge back from the hotel after they cancelled it.  But would the contract not be with booking.com than the original hotel?.

 

And no, the rebooked hotel was not the same or part of a chain.

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booking.com are a broker as such

you'd have to read their T&C's

 

though I can't see if the original payment stated paymento..booking.com ...on the statement

how the bank can allow a hotel not NAMED on that transaction to appeal the chargeback?

 

 


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I'm going to have to ask my mum to look into this aspect. 

 

I'd assume the transaction should say booking.com seeing as it was booked through them and payment went to them. 

 

Well, unless the transaction also stated the hotel by their website (as the email from the bank mentions the hotel by its direct website than name),

 

if so its a bit of a long winded entry on the system I'd have thought and are not such transaction entry names kept short?.

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something is no smelling right here

me thinks the bank have over stepped their remit.

 

 


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having spoke to my mum over the weekend she said that the original transaction (despite having gone via booking.com) was marked as the hotel (website name at least) as was the original refund.

 

Now here is the thing,

the hotel by refunding the money in the first place I would feel would have accepted the cancellation request as was made. 

is the contract then deemed cancelled and ended by default?.  - As otherwise what's to stop any company from refunding a cancelled booking or service, refunding the monies and then re-taking the monies again and referring to the original booking to claim the monies again despite having already accepted cancellation as they refunded?.

 

Visa appears to be referring to the original booking to justify reversing the charge back in absence of any breach of contract or unavailable evidence from my mum which doesn't exist. 

 

Which totally ignores that a refund was given and seemingly no explanation or evidence from the hotel as to why they are doing a second debit and possible appeal of the charge back.

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the bank would not have agreed to reverse the refund without an appeal concerning the chargeback from the party paid.

 

 


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Then what's to stop them referring to an original booking to debit a second time (as in this case) after already having accepted the cancellation due to the refund and using that booking to dispute (assuming they have) the charge back?. 

 

Surely after the refund on the original booking that contract & agreement is ended and can't be used to debit a second time can it?.

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