Legal proceedings advice

[stepaway]

Hi all, wasn’t sure where to put this, so apologies if in wrong place.

Brief overview. Booked a hire vehicle direct with large international hire car company Dec 2019 for a trip in June 2020.

Obviously trip was cancelled. I contacted the company well in advance of trip who after a huge amount of fobbing off and poor communication offered a credit note up until the end of 2020.

I contacted them again a few months ago to obtain a refund as the trip is now not happening, but I’m being fobbed off with multiple lines as below.

If I call them they can’t discuss with me. Although they recognise my booking number and me as the person who paid, they apparently don’t have sufficient security clearance to discuss any further. I have offered to provide whatever they require, but they are unwilling to move past this point and explain I have to email them and the refund will be processed that way.

So I email them politely to deal with it this way. I repeatedly over a period of weeks get dead end email responses saying that they are obtaining all the information they require to investigate my case (unsure as to why this is a ‘case’?), and that they will respond once they have it to hand. No inference as to how long this will take.

I’ve now emailed them back this afternoon to explain they are forcing my hand and I am now giving them 72 hours notice of instructing someone to act on my behalf legally. Pulling the wool a bit as I’ve been lucky enough to have never had to do this in my life, but hoping it might give them a kick in the backside to get themselves sorted.

I’ve also included the companies UK CEO directly in the email as I feel I’ve been patient and reasonable enough to this point.

So, what to do?

Get a solicitor, Citizens Advice, or small claims court?

Are there any lines I need to draw in the sand throughout to avoid them wriggling? Fully expecting they will have a strong legal team having since checked the somewhat disputable CSI feedback they have online with TripAdvisor etc.

Cheers for any help in advance

[Rollin]

Have you complied with their cancellation terms?

[stepaway]

The options you get when processing a cancellation are through the website or by phone.

By phone as above they will not talk to me.

On the website you input the ref number, which I have done and this takes you to a page that only allows you to use the credit note for further bookings, not a cancellation refund.

I have emailed to explain I want a refund but this only garners nonsensical dead end responses again as above.

[cuprabob]

Did you pay by Credit Card? If so, can you not use Section 75 and get your credit card company to help?

[stepaway]

Ah yes, sorry that was the other thing I meant to mention.

Paid on debit card as I don’t have a credit card.

Edit - having said that it looks as though Santander may be able to do something for me even though I paid by debit not credit card.

Will have a read through now

Edited by stepaway on Sunday 14th March 16:12

[cuprabob]

stepaway said:

Ah yes, sorry that was the other thing I meant to mention.

Paid on debit card as I don’t have a credit card.

Have you tried your bank as some providers can do charge back for debit cards.?

[stepaway]

cuprabob said:

stepaway said:

Ah yes, sorry that was the other thing I meant to mention.

Paid on debit card as I don’t have a credit card.

Have you tried your bank as some providers can do charge back for debit cards.?

Yep, just reading up on it now. Thanks for the pointer, hadn’t considered that.

[KungFuPanda]

You also need to check the contract or terms and conditions to see what the governing jurisdiction is. Was the hire for a foreign destination? It might get a bit difficult if you can’t sue them in the U.K. courts.

[Sheepshanks]

Is it supposed to be refundable? There's no automatic right to a refund because you didn't present yourself for the car or use the credit note - it's affected many who made their own accommodation arrangements. You're supposed to claim on your travel insurance.

[stepaway]

My understanding would be that i wouldn't have to use a credit note if i decided to not make the trip?

For the flights as an example I've been offered a refund OR a credit note - a simple click of a button has processed the refund.

My booking was made through the UK site and has the UK's details all over it although the booking was for a trip to France.

[Sheepshanks]

stepaway said:

For the flights as an example I've been offered a refund OR a credit note - a simple click of a button has processed the refund.

That's fine if the flight was cancelled. But not all were, and that caused some people a lot of difficulty.

[stepaway]

Sheepshanks said:

stepaway said:

For the flights as an example I've been offered a refund OR a credit note - a simple click of a button has processed the refund.

That's fine if the flight was cancelled. But not all were, and that caused some people a lot of difficulty.

Yes that makes sense thanks. I've spoken to my bank now and they are going to review it. I'm going to contact the hire provider again with some suggestions they have made and will see where it goes from there.

Most of my frustration comes out of the lack of direct communication. If someone could at least talk the situation through with me that would be a start!

[SydneyBridge]

If you have Legal Expenses Insurance anywhere, they should instruct a solicitor

You can quote this, if uk jurisdiction, but only advice

https://www.gov.uk/government/news/coronavirus-cov...

Edited by SydneyBridge on Sunday 14th March 20:38

[stepaway]

Thanks for your help everyone - to update, I copied the CEO of the company in on my last communication and she took on herself to instruct one of her team to contact me today.

This afternoon a chap called who apologised profusely on behalf of the company and it’s poor performance, and has assured me the refund is to be paid back into my account within 24 hours.