Jump to content


  • Tweets

  • Posts

    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Booking.com won't refund my son - *** Refunded***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1125 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My son booked a few days away in a cottage, 23/3/2020 until 26/3/2020. £375.

 

He could not go because of lockdown. Booking.com have been giving him the run- around along with the cottage owner.

 

Booking.com, said they can't refund because the owner has not confirmed the refund request? He can't get any reply from the owner. I have used Resolver, and basically they don't do anything, its been escalated, all to no avail.

 

His bank ( Halifax) say it's too late for them to help?

 

Can anyone advise please?

Link to post
Share on other sites

Hi and Welcome to the Forum.

 

How did your son pay...CC or Debit Card or  Transfer and what date did he make payment ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Quote

There is a time limit on chargeback claims - typically 120 days from the transaction processing date, or from when you expected to receive the goods/service if it’s being delivered. So, contact your bank as soon as you identify the problem because the clock may have already started ticking.

There are some scenarios where the chargeback timeline is longer than the usual 120 days or starts from a different date.

https://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

And why did you leave it so long before coming here?

Link to post
Share on other sites

the 120 days runs from when he discovered he could use chargeback.

that must be within 540 days of the relevant card transaction.

sadly halifax are useless everytime over chargeback 

and never get things right.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Quote

 

What are my rights if I paid for travel with a debit or credit card?

You may be able to benefit from either chargeback (payment dispute) or Section 75 (credit card only).

 

Chargeback

A chargeback is a scheme put in place to protect customers, also known as a payment dispute. It allows credit and debit cardholders the ability to request a refund through their card issuer in a number of different scenarios. This includes where you have not received what you have paid for. We as your card issuer will refund you and will then seek to claim the payment back from the original merchant. However, merchants can dispute the chargeback request and this may result in your account having the payment taken again.

 

Chargeback rights cover the amount of the card transaction only, other losses cannot be claimed. A chargeback claim must also be made within a set time period. This is usually 120 days from the date of purchase, or from when the goods or services were expected to be received, though longer periods may apply in certain situations. 

 

https://www.halifax.co.uk/helpcentre/coronavirus/travel-disruption-faqs.html#:~:text=A chargeback claim must also,may apply in certain situations.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

If it's helpful the "official" description of how Chargeback works is on the 'UK Finance' website (the website of the UK banking industry), Visa's own site redirects there.

 

https://www.ukfinance.org.uk/area-of-expertise/cards/chargeback-and-section-75

 

"...your card issuer usually needs to start the chargeback process within 120 days from when you made the transaction or when you were due to receive the goods or services."

Link to post
Share on other sites

our guide

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Yup, find the CEO/ MD details and email them. Worked for me with Opodo. I believe Booking are part of the same organisation .

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I may be wasting your time, but I regularly use Booking.com including three times this summer.  I vaguely remember them e-mailing me several times at the start of the lockdown mentioning extraordinary cancellation policies, all of which I've unfortunately deleted as I had nothing booked with them at the time (I booked for this summer once lockdown was eased in June).

 

However, surely they have policies to deal with properties that absolutely refuse to reply to guests.

 

Can you name the accommodation please?  Then I'll log on to Booking.com and see from the reviews if others have had the same runaround or if anyone has found a solution.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Not section 75...thats for credit card payment.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I can certainly see why your son booked there.  The place has rave reviews from previous guests.  I'm surprised they are being so unprofessional with your son.

 

On their page under "Questions" they've written

 
Hi there! On the booking listing on the search page it says free cancellation, however when I go to book it says non refundable. Please can you confirm whether there is free cancellation on this for November bookings? Thanks!
 
Hello, Our cancellation policy is free cancellation upto 60 days before arrival. However if White Cross Bay has to close due to a second lockdown, we will re schedule your stay or offer a full refund.

 

I would suggest your son write to them through Booking.com's internal messaging system (Bookings > Owls House > Contact the property) and if they don't reply within 48 hours demand that Booking.com intervene. 

 

N.B.  After a certain amount of time and/or a certain amount of bookings this internal messaging system ceases to work for old bookings so it might fail, but, hey, it's worth a try, it'll only take 10 minutes..

 

On their COVID Info. page Booking.com go on about bookings after 6 April, basically saying that after that date everyone knows about COVID and that travelling is a risk so it's a good idea to book places that offer free cancellation.  However, before that date - which would apply to your son - I'm pretty sure they had some scheme where you could cancel even if not normally allowed.  Sorry to be vague, but again this is worth looking into.

 

I suggest these things on a "belt & braces" basis. Obviously keep fighting to get the money back through the Halifax as others have suggested!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Great, so far I have emailed the CEO of booking.com, the Owels cottage ( they apparently told booking.com) that they won't 'accept' the refund / cancelation. I have now contacted them via Kalvin login via booking.com. and raised a charge back is via Halifax.

 

The booking was for 23-26 of March, Boris Johnson forbid it on 23th March announcement :

 

From this evening I must give the British people a very simple instruction - you must stay at home.

Because the critical thing we must do is stop the disease spreading between households.

That is why people will only be allowed to leave their home for the following very limited purposes:

  • shopping for basic necessities, as infrequently as possible
  • one form of exercise a day - for example a run, walk, or cycle - alone or with members of your household;
  • any medical need, to provide care or to help a vulnerable person; and
  • travelling to and from work, but only where this is absolutely necessary and cannot be done from home.

 

Surly, one of them will pay off. Morally the are very wrong, legals I have no idea.

 

Many thanks to you all.

 

Cheers,

 

Paul 

Link to post
Share on other sites

Well, at least you now know the accommodation's position of refusing the refund.  Totally unprofessional of them not to be bothered to reply to your son though.  He should leave negative reviews on Booking.com, Google Maps, TripAdvisor, etc.  I see on TripAdvisor they reply to every review so are very conscious about their image.

 

So they will refund in case of a second lockdown but not the first one!!!  Doesn't seem very logical to me.

 

Good luck with the Halifax, that is definitely the way to go. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

An update!

I took all the advice, Social media, contacted the cottage direct ( mail and letter) sent an email to the CEO and the UK Director of customer service Booking.com, Halifax re charge back.

 

Oddly, this morning Kalvin got a text message saying they tried to contact him months ago ( yeah right) offering him a refund or alternative accommodation!!  So, to keep inline with data protection ( that was mentioned in the text) they can only reply to him.

 

Offered his money back or another date. He agreed to a refund within the next 7 days.

 

I really appreciate all of your input and I will gladly make a donation to your good work

many thanks again,

 

Paul

  • Like 2
Link to post
Share on other sites

  • dx100uk changed the title to Booking.com won't refund my son - **RESOLVED**

Well done Paul...delighted you have managed to resolve this.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Andyorch changed the title to Booking.com won't refund my son - *** Refunded***

Well done on standing up to these clowns  👏

 

Please update us when they cough up.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...