Travel agent - taken money but not paid hotel.

Travel agent - taken money but not paid hotel.

Author
Discussion

chili1

Original Poster:

410 posts

236 months

Thursday 14th April 2016
quotequote all
Evening,

This was relayed to me today by my mother:

Independent travel agent was paid £3k two months ago for a UK weekend break for 10 people (paid cash). Received phone call from hotel yesterday asking to pay for the rooms. Spoke to travel agent owner today who has stated that he has cash flow problems and cannot refund the payment, although he acknowledges receipt of payment.
Before I beat him to death with his own shoe for ripping off 10 OAP's, who should I contact regarding this? Would trading standards be interested?

Cheers.

anonymous-user

53 months

Thursday 14th April 2016
quotequote all
ABTA

ATOL

chili1

Original Poster:

410 posts

236 months

Thursday 14th April 2016
quotequote all
JPJPJP said:
ABTA

ATOL
Thank, I'm not sure if he is a paid up member of either. I'll check when I have a chat with him tomorrow.

TVR1

5,460 posts

224 months

Thursday 14th April 2016
quotequote all
JPJPJP said:
ABTA

ATOL
No use im afraid. They protect against trave companies/airlines going tits up. OP has paid the agent who hasnt then paid the hotel.

And he paid cash. Did alarm bells not ring?

Straight to court (i assume Op has reciepts at least). The agent will have 14 days to respond. If he doesn't, apply for summary judgement. If agent doesnt pay, as its over £600, apply for high court enforcement (60 odd quid)6 weeks from start to finish, if you dont mess around.

Moneyclaimonline.org

TVR1

5,460 posts

224 months

Thursday 14th April 2016
quotequote all
JPJPJP said:
ABTA

ATOL
No use im afraid. They protect against trave companies/airlines going tits up. OP has paid the agent who hasnt then paid the hotel.

And he paid cash. Did alarm bells not ring?

Straight to court (i assume Op has reciepts at least). The agent will have 14 days to respond. If he doesn't, apply for summary judgement. If agent doesnt pay, as its over £600, apply for high court enforcement (60 odd quid)6 weeks from start to finish, if you dont mess around.

Moneyclaimonline.org

poo at Paul's

14,116 posts

174 months

Thursday 14th April 2016
quotequote all
Bad news. But it may be worth finding out the contract that the T Agent had with the hotel, because if his is their true agent, the hotel may have to take the hit and pursue him for it.

What hotel chain or booking system is it?

hora

37,010 posts

210 months

Friday 15th April 2016
quotequote all
Question, why didn't you book direct?!?

paintman

7,669 posts

189 months

Friday 15th April 2016
quotequote all
hora said:
Question, why didn't your mother or whichever of the 10 OAP's that booked it book direct?!?
EFA. Read the OP's first post.

Aphex

2,160 posts

199 months

Friday 15th April 2016
quotequote all
what a

Helicopter123

8,831 posts

155 months

Friday 15th April 2016
quotequote all
TVR1 said:
JPJPJP said:
ABTA

ATOL
No use im afraid. They protect against trave companies/airlines going tits up. OP has paid the agent who hasnt then paid the hotel.

And he paid cash. Did alarm bells not ring?

Straight to court (i assume Op has reciepts at least). The agent will have 14 days to respond. If he doesn't, apply for summary judgement. If agent doesnt pay, as its over £600, apply for high court enforcement (60 odd quid)6 weeks from start to finish, if you dont mess around.

Moneyclaimonline.org
If the Agent is experiencing cash flow problems of this magnitude then the legal route is likely to mean administration. Looks inevitable anyway by the sound of things. A sad situation with no winners.

chili1

Original Poster:

410 posts

236 months

Friday 15th April 2016
quotequote all
Morning,

Thanks for the replies. Travel agent has been used many times over a number of years without any problems. I can only assume that cash was used due to trust in the agent.
I've managed to find his home address and another business address, so I'll be talking to him later on today. He has another business that has just started up, so i'm assuming cash has gone there.

It does sound as if the legal route is the only option, but whether they ever see the money is another question.

Cheers.

JQ

5,691 posts

178 months

Friday 15th April 2016
quotequote all
In this situation I'd be doorstepping him. My personal experience of chasing bad debts is that those who shout loudest get paid first.

That's probably really bad advice from a legal point of view, but if he's about to wind the company up, suing him is unlikely to net any better result. Good luck.

elanfan

5,516 posts

226 months

Friday 15th April 2016
quotequote all
Nothing better than your local newspaper or local news tv program investigative consumer bods would love more than to doorstep this guy with a microphone and hopefully a camera. They hate it when a group of OAPs are ripped off.


As he's deceived your folks how about ringing him up and saying that you are a relative and that you happen to be such a reporter/investigative journalist and if the money isn't back in their hands or the Hotels TODAY he will get a TV crew in his face and he will be named and shamed on TV 'and that will do your new business the world of good, won't it?' If you can be convincing worth a try?

poo at Paul's

14,116 posts

174 months

Friday 15th April 2016
quotequote all
But again, rather than trying to get cash back, why not look at the actual contract your mum and her friends have. If this guy was authorised to take a booking and payment from the hotel, then the fact he hasn't paid them is not necessarily an issue, the booking is still valid.

Take a look at the paperwork ask him and them what authority he had to act on their behalf.

If you take it a step closer, it may be not much different to them paying cash to a guy on reception, him taking the booking and confriming it, then him pocketing the Wonga. In that circumstance, the hotel would not be cancelling the booking I am pretty sure.

So if this Agent is deemed to be empowered to take booking and payment, like a "quasi employee" contract may still be enforceable.

Cyberprog

2,186 posts

182 months

Friday 15th April 2016
quotequote all
elanfan said:
Nothing better than your local newspaper or local news tv program investigative consumer bods would love more than to doorstep this guy with a microphone and hopefully a camera. They hate it when a group of OAPs are ripped off.


As he's deceived your folks how about ringing him up and saying that you are a relative and that you happen to be such a reporter/investigative journalist and if the money isn't back in their hands or the Hotels TODAY he will get a TV crew in his face and he will be named and shamed on TV 'and that will do your new business the world of good, won't it?' If you can be convincing worth a try?
This is probably the most effective method.

chili1

Original Poster:

410 posts

236 months

Saturday 16th April 2016
quotequote all
Just to bring closure to this thread. I managed to track him down yesterday. After a short chat and an accompanied visit to his bank, all money has been refunded.

WinstonWolf

72,857 posts

238 months

Saturday 16th April 2016
quotequote all
chili1 said:
Just to bring closure to this thread. I managed to track him down yesterday. After a short chat and an accompanied visit to his bank, all money has been refunded.
Result thumbup

JQ

5,691 posts

178 months

Saturday 16th April 2016
quotequote all
chili1 said:
Just to bring closure to this thread. I managed to track him down yesterday. After a short chat and an accompanied visit to his bank, all money has been refunded.
Excellent work.

Cooperman

4,428 posts

249 months

Saturday 16th April 2016
quotequote all
Sounds like you visited him and asked him if he liked hospital food!

VolvoT5

4,155 posts

173 months

Saturday 16th April 2016
quotequote all
Glad you got a refund but this is a perfect example of why paying by credit card is the way to go IMO.......at least that way there is some hope of charging back the money if it all goes tits up.