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Small Caravan holiday company refusing to refund??

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Comments

  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    Is that your legal argument? They have had no input to this thread so I would not expect to see that evidence...would you?

    Yes it is. Based on a fairly sound understanding of English law.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Which the company would have to pay regardless, so this is not classed as a loss

    Based on that logic you could claim a refund of a flight you cancelled the day before 'because the plane was going that way anyway'.

    When op entered in to the contract that was a cost now covered by the price of the sale. Now op is in breach of contract they are now having to find the money to cover this cost. It wouldn't be difficult to claim this as their 'loss'.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Actually you raise a very interesting point. My argument is based on "Can I get a deposit back". However making an additional payment may have acted to the detriment of the OP.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    Actually you raise a very interesting point. My argument is based on "Can I get a deposit back". However making an additional payment may have acted to the detriment of the OP.

    Same principle I think.

    The law makes the assessment on "forfeiture" whether it is of a deposit or an advance payment.
  • Yes it is. Based on a fairly sound understanding of English law.


    What? Please explain the English law that allows you to arrive at a conclusion without hearing both sides of the story. You've listened to one party and come to a conclusion without the other party having an input? Is English law applicable here or are you assuming?
  • Same principle I think.

    The law makes the assessment on "forfeiture" whether it is of a deposit or an advance payment.


    You think?
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This is fun. New poster vs Long standing member in the legal profession.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • This is fun. New poster vs Long standing member in the legal profession.

    ...and now someone who is too lazy to read their Sky contract? Did you get back to us on that?
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No need. Got it all sorted, thanks :)
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • No need. Got it all sorted, thanks :)

    You are welcome Rodney. Did you read your contract then? Was it fair or not?
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