Disputed Chargeback

Al_G

Hi, I am new to the forum and would welcome advice on my legal position.

I am in dispute with a merchant (private holiday apartment) over a cancelled holiday booking, to which he has admitted he was at fault. He has refunded me the monies paid, but done so twice. I had contacted him with my claim for compensation for additional costs for alternative accommodation, but he has ignored me three times, despite my stating it was in his interests to contact me.

I have held onto the over-payment whilst waiting on him contacting me to agree the compensation, I advised my legal advisor I was doing so and they didn't seem to have any issues with this.

I have now received a cashback request from his bank, and whilst it isn't the banks fault, I am reluctant to repay this when I don't have his address to have court papers served.

Can I contact them to advise that I am ring-fencing the money pending the court case, or do I have to refund them? If I refund them and can't get his address, I can't raise the action against him, and wouldn't be able to recover any award. But, I also don't want to be the bad guy and have the bank chasing me.

What do I do??

lincroft1710

Two separate issues.

1. You have his money to which you have no right. You cannot use this as a lien.

2. Your claim for additional expenditure incurred. There is no certainty you would win and if there was a judgement in your favour, the amount may well be less than that which you already owe him.

Al_G

lincroft1710 wrote: »

Two separate issues.

1. You have his money to which you have no right. You cannot use this as a lien.

2. Your claim for additional expenditure incurred. There is no certainty you would win and if there was a judgement in your favour, the amount may well be less than that which you already owe him.

Thanks for the reply. I've already had legal advice that says I am entitled to the additional costs incurred by his Breach of Contract. I just wasn't sure where I stood with regard to the money he had paid me. I suspected that what you have said might be the case.

I have already started action to obtain his address so that I can raise an action against him.