Holiday refunded, now they want it back

Never_you_mind

This may sound like a stupid question but we recently went on holiday and had a bad time with lots of issues.

The lead group member wrote and complained and we were refunded the full amount. This was in November.

Now the holiday company say they made a mistake and they want it ALL back. Is this acceptable?? Im not really in the position now to pay it and I think if its their mistake, they should take the fall.

themull1

Did you get a letter back with the refund?

lisyloo

Depends on whether the agreement with you or the financial transaction was a mistake.
I'd say if they made anagreement with you (letter in writing?) then they cannot now change their mind - it's tough.
However they can claim back erroneous transactions for 6 years.

So did you have an agreement? (in writing would be better).

I am not a lawyer but there is a principle called estoppel (or some such) that you may wish to check out.
This means that if you made plans based on the refund and the money has been spent then it's tough on them.
If the credit had appeared out of nowhere then you would be on dodgy ground, but you had no reason to assume this was a mistake.

As I say you'd need to check this out legally but at least it's something you can google.
If you have legal advice on your home insurance then you can also speak to a solicitor for free.

But the main thing we need to know is did you have a agreement from them for the refund?
If so how was it made, verbally or in writing?

Sparx

If they gave you or your lead group member something in writing/email saying something like 'Apologies for the inconveniences you had on your holiday, bla bla bla we have decided to refund you all X amounts due to this' - then they can not just change their mind and like others have said, it is tough!

If however your lead group member had submitted an appeal/complaint and heard nothing back but then one day you had some random funds appear in yours or his bank account, then yes I would say they could request it back if it was a mistake on their behalf.

You'll have to give us a bit more info on what happened and how they concluded this?

Never_you_mind

As I understand it, the lead man emailed them complaining and nit long after we ALL had a full refund. No letters, no emails or anything.

Now 6 weeks later they are demanding it back.

I suppose nit having anything in writing doesn't help but were all going to struggle now trying to find the funds and they want it back tomorrow.

northernmonkies

It was their mistake to refund you, so they should have to wait for their money. If you *have* to give it back (which sorry I can't help on), give it on your terms by paying them £5 a month or something!

chattychappy

northernmonkies wrote: »

It was their mistake to refund you, so they should have to wait for their money. If you *have* to give it back (which sorry I can't help on), give it on your terms by paying them £5 a month or something!

You can't force them to accept your terms (though you can try).

If you had individual contracts and only one person complained and they refunded all of you, then really you have no right to keep the money. But of course you can make the same complaint now.

If however the complaint was made on behalf of all of you, then your position is stronger.

Either way, is your complaint really strong enough to warrant a full refund? If it is you can tell them as much. Then if they sue, you counterclaim.

You can also run promissory estoppal as a defence, but the timescale of a month or so is quite short. Does depend what was said and what could be implied from the circumstances of the refund. Also the extend it really would be inequitable for you to pay it back. If you google this stuff, do take care that you are looking at English law. US has the same doctrine, but the two legal systems have diverged considerably.

Never_you_mind

chattychappy wrote: »

Either way, is your complaint really strong enough to warrant a full refund?

Yes and no really. It was a dream wedding for my friends and we were meant to go to somewhere else. We only found out the destination 12 hours before we flew. We didn't know if we were definitely going, where we were going or how much more it was going to cost us. There were also people travelling from San Diego as well as all over the UK.

The brides maid ended up not going due to the issues and of course the stress that was caused to all of us let alone the Bride and Groom having got dresses etc etc, we all stayed in Gatwick after paying parking and hotels.

After all that, the hotel itself was a nightmare. Rooms not ready, over charging, poor service, doors that wouldn't open, doors that didn't lock, drinks charged to a room that shouldn't have been and a whole host more.

The only good thing was the weather.

Never_you_mind

Thanks for all the replies.

It turns out the holiday company refunded all the money because they thought we didn't go. Funny how a massive worldwide company didn't know that we went despite our names being on the flight list and on the hotel list. How could they not know???!!!

Anyway they saud that we had to pay it all or they would charge the lead passenger tge whole amount.

Thanks again

redpete

Never_you_mind wrote: »

Yes and no really. It was a dream wedding for my friends and we were meant to go to somewhere else. We only found out the destination 12 hours before we flew. We didn't know if we were definitely going, where we were going or how much more it was going to cost us.

Presumably the group agreed to these conditions when you decided to carry on with the trip when the original destination didn't work out? This would make it difficult to argue that you should get some money back because of this part of the complaint.

udydudy

I would say if one person complained as a group and they refunded individuals, then do not pay it back. IMHO, If the comlaint was clear and specific and did not mention not going on any trip at all(the complaint should have mentioned that alternate trip that was taken). If the laternate trip taken was mentioned then do not pay back let them try going to the county court. My opinion is they cannot go after the lead passenger if they refunded each individual unless they refunded the lead pasenger the whole amount and he/she gave it to the individual.

Secondly if the alternate trip was not mentioned they may be able to claim an erroneous refund and claim it back. but only from the people they refunded it to. If I give money to 10 Individual I cannot claim it back from the lead just because i chose to!!!!!

Though I must say I am not a legal professional. take advice from the CAB. they may even talk to the holiday company on your behalf.