Section 75

kal125

Hi,

I recently went on a long weekend to Marbella. We rented a villa through Holiday Lettings. As we were a larger group (9 of us) we had to pay £1000 security deposit which I put on my credit card. We had a lovely, chilled out weekend (nothing was damaged/broken etc) and returned home. The deposit was meant to be returned within 14 days, but it has now been 23 days and there is no sign of it. We have tried contacting the owner of the villa by email, phone and text and there is no response. Holiday Lettings say that it is an issue between me and the owner, and they advise to seek legal advice in cases such as these. I have since been on trip advisor (which was nothing but good reviews before we went) and it appears this happened to someone else recently. Would I be able to reclaim the money using section 75?

Thanks,

kal125

ILW

Who was the payment made to?

kal125

It was made directly to the owner of the villa, but we had a contract etc with the terms of the deposit on it.

Thanks

jonesMUFCforever

I am confused.
Did you pay Holiday lettings via your credit card or the owner direct(how would an individual accept a credit card payment?)

We need this information before we can advise further.

kal125

The owner of the villa is a company director of another company so we gave him the card details and he took the payment via his company. I spoke to someone else who this happened to (the person who left the negative review on trip advisor) and he said that he had to instruct a lawyer before he got his money back. I was just curious if the credit card company would have some liability, but I have phoned before about another issue that I wanted to use section 75 and it was a bit of a nightmare trying to explain to the call handler what it meant. I hope that make sense. Thanks

cos_2

The villa owner used his (separate) company's payment facilities on order to effect payment for the villa rental.

That, in itself, doesn't separate him from his responsibility to deal with you fairly on the villa rental. He simply used a facility. In other words, this person takes credit cards.

I strongly suspect your Section 75 claim is legitimate. Go for it!