Holiday Booking They Won't Refund

[jourdain2]

A few months ago we booked a holiday cottage with Cottages.com beginning 8.5.20 for a week.
Obviously se can't go. We have rung (45 mins.) and emailed to get a refund. They only offer a voucher. After no response we have been on to C.M.A. site (Competition and Marketing Authority) which informs us that we are entitled to a refund. We are not being difficult, but, given that Mr J2 is 87, we don't want to accept a voucher for next year same time. Nothing has happened. Anyone any ideas as to where we go from here? Really don't need this stress. No-one is replying to emails.

[jno]

https://www.theguardian.com/travel/2020/apr/16/can-i-get-refund-on-uk-holiday-accommodation-travel-insurance-covid-19

[Buenchico]

Section 9 of the company's Ts & Cs seeks to prevent you from taking legal action against them to obtain a refund under the current circumstances:
https://www.cottages.com/assets/booking-conditions.pdf?v=7f070d7a7bcf8101f7c1cbe774bbf586
It would be up to a court to decide whether or not that section is actually valid.

All that you can do in your situation is all that anyone can do (not involving a couple of big guys with baseball bats) when someone else owes them money and they won't pay up. That's to threaten legal action and, if you still don't get your money back, to take the company to court via the small claims track.

Send a letter to Vacation Rentals (UK) Ltd at Spring Mill, Stoney Bank Road, Earby, Lancashire, BB94 0AA. Your letter should be sent by Royal Mail's 'Signed For' service (or if, due to the current situation, you can't actually get a signature, by any other tracked service which would enable you to prove to a court that your letter was sent and arrived). Your letter needs to clearly show:
(a) your name and address ;
(b) the company's name and address ;
(c) the date it was sent ;
(d) that it is demand for payment ;
(e) the amount demanded ;
(f) the reason for the demand ; and
(g) that, if payment in full is not received within a specified period (I suggest 28 days under the current circumstances), you will seek a County Court Judgment against the company.

If you don't receive a refund within the specified time period, commence legal proceedings using HM Court & Tribunals' online system:
https://www.moneyclaim.gov.uk/web/mcol/welcome

[Zacs-Master]

If you paid on a credit card you can use an S75 form to get your money back from the CC company.

[fiction-factory]

Have they cancelled or have you cancelled. They might be saying they are still open for business.

[fiction-factory]

^ as the cottage is still there waiting for you. Did you have travel insurance?

[jourdain2]

Well, thanks everyone - especially for all the detail, Buenchico. We paid by debit card unfortunately and don't have holiday insurance - never needed it before for holidays in the UK. I suppose we need to wait until the 8th and then, assuming lockdown still forbids travel and holidaying - which it will - start legal action. Still no reply to emails sent but we have reported this to the C.M.A.

Tricky, because we're not cancelling it and nor are they - but we are forbidden from taking the accommodation and them from offering it I suppose.

Does anyone know of a couple of big guys with baseball bats who are currently under-employed? :(

[Zacs-Master]

You could try the debit card ‘chargeback’ method:
https://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback

[jourdain2]

Thanks Z-M.

[fiction-factory]

Good luck, Jourdain. Hopefully they'll show goodwill. I'm not sure though that it's right to say they are forbidden from offering the accommodation. I'm pretty sure some companies have been saying "it's still available, not my fault if you can't get here"

[fiction-factory]

I'll with draw the above because although some service providers have been arguing that they are still available, this gov.uk page suggests to me they should be closed and not be accepting customers.
https://www.gov.uk/guidance/covid-19-advice-for-accommodation-providers
You may find though that the business is not contactable at present- eg if all staff have been laid off/furloughed.
Good luck

[jourdain2]

Thanks for the update, F. F.

[jourdain2]

Just to let you know the result. We emailed telling them that we had reported this to the C.M.A., we rang & today we should have travelled. A couple of hours ago a very pleasant and fraught young man telephoned us and asked if we would accept a voucher or would prefer a refund. I explained why we would prefer a refund and there was no problem about that. So, Mr. J2 and I told him to hang on to the Booking Fee (about £40) since they'd done the work, everyone was struggling and we didn't want to put him out of a job. He was quite stunned - but we think this is only fair. Now, as soon as we can re-book somewhere (assuming we're both above-ground) we can do so with clear consciences. Thank you all for all your advice. Sticking at it seems to work. :)

[fiction-factory]

Good outcome- and your gesture is heartwarming. Some of these cottage owners, hotels and travel companies are having a really tough time and may never recover and deserve some forebearance if they have served us well in the past= we want them to survive

[LadyCG]

I've had the same problem.

In short I've threatened them with a formal complaint, a charge back process via the credit card and public denouncement on Twitter. They were quick to issue a partial refund with a promise to reimburse the rest once all monies have been retrieved.

You are entitled to a refund by law and do NOT have to accept a credit voucher.

[btrobin]

That address of this company rung a bell with me, I had dealings with that location a few years ago, but not under that name. I was trying to rent out my gite, and approached them on several occasions, all to no avail. I think they were country cottages in France then, but under the Hoseasons umbrella.