Alpharooms refund, N1 issued ***Resolved***

[martin2006]

Good afternoon all,

Booked a trip to spain to celebrate a friend’s 50th birthday, which was cancelled 3 days prior to departure as we entered lockdown back in march 2020.

we were given 2 options, a credit note for re-use, valid till end of 2020 or refund minus 10% charge. Opted for the credit note.

Could not use the credit note within the specified period so on expiry, requested full refund.

Since requesting in Jan 21, been given next to no information, no responses to emails etc. 
In short, despite one notification that the refund was being processed in March, no other info and no response or refund was forthcoming.

Moving to May 21, I felt the only other option was small claim so issued Letter of Claim which again went ignored.

N1 issued on 2nd June 21 which included original booking amount (347.57) plus court cost (50) and s69 interest (27).

15th June, finally received 347.57 and notified that defendant would defend in full.

The defense is basically a “woe is us, theres been a pandemic etc”, i can post word for word if needed.

So now at N180, Direction Questionaire stage.

I am continuing with this as i am now an additional £50 out of pocket, they of course think that refunding the initial amount is enough and want me to discontinue.

I will update this thread as and when things happen, if anyone has any thoughts or questions, please post and ask away.

 

 

[FTMDave]

I can't see how they can have any realistic chance with a defence given they promised to refund in March and actually did so in June.

 

They presumably thought you were bluffing about court and when they realised you weren't coughed up but don't want to pay costs.  Tough.  Too late now.

 

Please can you post up their defence so we can all have a good laugh.

[martin2006]

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.

 

(Agreed)

 

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.

 

(Again agreed)

 

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 )

[FTMDave]

Well, your points in black say it all.

 

It bemuses me why they are defending.  Surely they know they are on a hiding to nothing.  Stupidity?  Arrogance?

 

Normally we don't suggest getting into letter tennis, but I wonder if it would be worth sending them just one single letter saying you have viewed their defence and you will certainly immediately discontinue once you have received payment of £75 to cover the claim fee & interest.  They were supposed to deal with the refund in January, they said they were processing it in March, they ignored several communications from you, and were given advance notice of court action when you fully complied with pre-action protocol and sent a Letter Before Claim which they ignored.  The alternative to the payment of £70 is that the matter will continue to court and they will incur further costs.

 

Might be worth a try.  It would show the judge you have bent over backwards to try to settle before a court case.

[martin2006]

Totally agree FTMDave, i have emailed their compliance dept with almost exactly that offer, except I’ve given a little leniency and am willing to accept the costs incurred of £50 to settle.

I also included to say that should they choose not to accept this that the claim will continue and further costs may be added, plus the reinstatement of the s69.

In the meantime I’ll send the N180 DQ back to court accepting mediation etc and see what they respond with, if at all!!

[martin2006]

I should probably look at having their defence struck out as it has no legal basis and no prospect of success.

I would need some legal guidance with that if i was to, that’s uncharted territory for me.

[FTMDave]

I think your e-mail is a good idea, also because their defence wasn't written by an idiot.  Sure, it's easy to pick holes in it, but it's not just nonsense.  I wonder if a solicitor wrote it and is trying to get a deal out of you?  If so, they will bite your hand off to just pay the £50.  Let's see.

 

Getting their defence struck out is uncharted territory for me too!  If the more experienced Site Team members don't pop onto your thread during the day I'll flag it up this evening and ask for help.

[martin2006]

Andyorch is the man to ask about that, I’m not on as much as i used to be anymore, i assume he is still with the team?

[FTMDave]

Yes, he is.  If he doesn't look in himself I'll flag the thread up this evening.

[AndyOrch]

Topic moved to Financial Legal Issues forum in view of the court claim.

 

Hi martin I trust your keeping well ?   I will pop back in later this evening.

 

Regards

 

Andy

[martin2006]

Hi Andy, thanks I’m good, hope you and the team are all well, I’ll look in later

[martin2006]

DQ ready to go first thing tomorrow to court and to defendant

[martin2006]

DQ posted off this morning

 

Emailed offer to settle for costs 

 

Costs received, job done

 

*********SUCCESS*********

[AndyOrch]

Didn't need me then after all 

[martin2006]

Donated, thankyou

Just now, Andyorch said:

Didn't need me then after all 

Well i know you’re a busy man

[FTMDave]

Well done on your victory! 

[AndyOrch]

Many thanks martin ...although we didnt do much.

[martin2006]

I think that’s one of the easiest wins on here!!

 

Andy, that may be true, but it’s the fact that there is a team here when people do really need you all.

4 minutes ago, FTMDave said:

Well done on your victory! 

Thanks Dave

[The Scourge of Ryanair]

Was the defence from Oracle solicitors?

 

I have had many dealings with them through the multiple times I have had to take Ryanair to court.

[martin2006]

There was no solicitor involvement, they pretty much just paid up on issue of N1