I NEED some help please;

PZH

DVardysShadow wrote: »

If your contract is with the owner, with the agent acting as agent, then you are buying the owner's product, which is misdescribed.

Your difficulty is demonstrating that your contract is with the owner rather than with the agent acting as reseller, although from this description, it is clear to me that you thought that you were dealing with the owner via an agent acting as agent.

According to Northumbria Cottages website T&C's

"Please note that the Company acts as a booking agent on behalf of owners of holiday accommodation and any contracts formed are between you and the owner of the accommodation. The Company is not and will not be a party to that contract."


Seanymph - you beat me to it...

Seanymph

thankyou all so much - I can't tell you what the support has meant today. I have had the day from hell (this is just one thing that landed in my intray this morning) - and the advice has made all the difference. Course it would have been nicer if they'd said 'oh sorry, here's your £411 back'

PZH

Push it through and see what your CC company says - but I would make absolutely sure the CC company understand the "Contract is with the Owner" statement AND the incorrect information contained on the actual owners website.

unholyangel

I presume you have done so already but i would also make sure that you are requesting a refund from your CC company under section 75 and not under VISA chargeback etc. Section 75 is something the cc must do by law. Chargeback is something offered by VISA but not necessarily something you may be entitled to.

Keep us updated. From a personal view, i do think they are in the wrong morally, even if they are not in the wrong legally. You should not be penalised for (what i view as) their unprofessionalism, their mistake and above all else.....the owners laziness to update the visit scotland page.

Seanymph

I told the credit card company the details and they have claimed it back under 'misrepresentation'.

But I'll mention Section 75 in the letter - what is it?

unholyangel

Seanymph wrote: »

I told the credit card company the details and they have claimed it back under 'misrepresentation'.

But I'll mention Section 75 in the letter - what is it?

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

It is basically legal protection that makes the creditor (your credit card company) jointly liable and entitles you to the same rights you would have with the retailer/seller/provider.

There are some stipulations but from what i can see, your puchase should be covered (as it is more than £100).

Seanymph

well you were all right - website changed this morning.

letter sent to credit card.

Will keep you updated.

Seanymph

Credit card have said it's been referred to their 'complex claims' department - and a result will take up to six weeks.

Seanymph

I've heard from the credit card company and it's a 'no'.

Because it's a third party apparently I have no recourse against them under the Visa Section 37 rules or something - they are going to send me a letter to confirm their decision, but basically they can't get me my payment back.

Which seems terribly wrong - because all holidays (or most anyway) are to a third party.

They've told me to take it up with the retailer - but they've already told me to get lost.. any ideas?

halibut2209

Small claims court