Help with Small Claim Court - Advice Pls

cupcake4

Help Pls forumites!
I booked a Hot Air Balloon 'Experience' with Living Social last April (2012). This was for a pm (afternoon or weekend) and £79 was deducted from my bank account on 1st April 2012. I had originally wanted to fly over London, but by the time the voucher details were emailed to me, this was not possible due to flights over London being banned during the Olympics. The long and short of it was that I decided that Essex was the nearest place, but the 3 dates I booked, July, August and October 2012 were all cancelled due to unsuitable conditions.
As hot air balloons do not fly from October to April, I had to put this on hold. My voucher date expiry was 16th July 2013, but the person I dealt with at Essex Balloons told me that if I was unable to get a viable balloon flight before then, this would be rolled over.
Unfortunately, my Dad became very ill and he died in April this year.
The last thing I felt like was going up in a hot air balloon as I was grieving.
I contacted the balloon company at the beginning of July this year only to find that Essex Balloons had been taken over by Adventure Balloons. The Manager was absolutely horrible and said that although Essex Balloons had operated flights over Essex every day, Adventure Balloons did not concentrate solely on Essex. The only date she could offer me was an am flight on 16th July, after which date, she curtly told me, I would have to pay an extension of £40 to extend for a year. I repeatedly told her that I had not felt up to booking earlier due to bereavement, but she obviously could not care less and repeatedly spoke over me.
I told her that I had paid extra for a pm flight as without my own transport, I could not possibly get to an airfield in the middle of nowhere by dawn when the am flight takes off.
I have now dealt with Living Social, Barefoot Promotions, Balloons Over Britain, Essex Balloons and Adventure Balloons.
I emailed Balloons Over Britain explaining the situation and said that I did not want the hassle of pursuing the claim through the Small Claims Court, so hoped that they would refund my money.
I have now had an email back from Barefoot Promotions who say that I knew the terms and conditions and had I had 4 flights cancelled instead of just the 3 I had booked, then my expiry date would automatically have been extended.
They say that if take them to the Small Claims Court, then they will rigorously defend themselves.
This all seems very wrong to me. However, on looking online at the Small Claims Court, this will cost me £25 online, but I am concerned that I may end up paying costs. I am not on a means tested benefit, but am on very low income.
Any help gratefully received.
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pinkshoes

cupcake4 wrote: »

I have now had an email back from Barefoot Promotions who say that I knew the terms and conditions and had I had 4 flights cancelled instead of just the 3 I had booked, then my expiry date would automatically have been extended.

Was it explained to you at the time of booking and/or in your terms and conditions that you would ONLY get an extensio if FOUR flights were cancelled?

Valli

Maybe telling them you didn't want the 'hassle' of claiming through small claims wasn't wise!

Send them a letter headed LETTER BEFORE ACTION asking for a refund within (say) 14 days of the date of the letter or you will have no hesitation in escalating to small claims because they have failed to provide you with the service you have paid for having cancelled on three occasions. Just because they claim they will defend an action doesn't mean they will win. There are, however, no guarantees. Make sure you have copies of all communications, just in case.

Send by recoreded delivery and keep a copy.

cupcake4

Thanks peeps. Have now spoken to CAB who put me on to Consumer Direct and Consumer Ombudsman. Consumer Direct not able to help with legal advice so suggested website moneyclaim.gov.uk They also put me on to Community Legal Advice Line who could not help but suggested local solicitor who deals with debts.
Am exhausted after hours of phone calls and still no further.
Any advice re small claims court pls?

wealdroam

cupcake4 wrote: »

Any advice re small claims court pls?

Yes, action the advice given in post #3.

For help writing a LBA, see here:
http://www.adviceguide.org.uk/england/letters/introduction_to_letter_before_court_action.htm

Then have a read of MSE's Small Claims Court guide.

Then perhaps answer the question posed on post #2.

And of course have a look at the website moneyclaim.gov.uk that you have already been directed towards.

cupcake4

Could I end up paying other parties' costs if I go to the Small Claims Court and it goes against me.

I cannot see anything in the T&C that says 4 flights have to be cancelled by promoter and feel I have just cause but am worried in case small claims court judgement goes against me.
Does anyone have experience of small claims court and paying other parties' costs if costs are not awarded.

wealdroam

cupcake4 wrote: »

Could I end up paying other parties' costs if I go to the Small Claims Court and it goes against me.

I cannot see anything in the T&C that says 4 flights have to be cancelled by promoter and feel I have just cause but am worried in case small claims court judgement goes against me.
Does anyone have experience of small claims court and paying other parties' costs if costs are not awarded.

I can only assume you still haven't read that guide I linked to earlier.

The answers to your questions are spelt out quite clearly in there.

Have you actioned the advice in post #3?