Moneyclaim -should i proceed now ?

tali

Travel agent is messing me about and refusing to refund a large amount and i want to do a Moneyclaim
6 weeks at latest for refund they told me
After that time passed i was told 23 rd July at the latest.
Then i was told 12th August
Then August 20th-which they confirmed to me and my MP's assistant
Then Aug 23
Then Aug 29
Then Sept 3
Then Sept 4 "in my account".That's 7 total lies and over 3 months
My MP sent them letter about refund
Now here is prob i sent them by 1st class recorded delivery letter giving 14days.......only for idiots at Post Office:mad: to delay /lose the letter-the deadline was 25th sept
Is it okay to begin Moneyclaim- given Travel agent will receive my letter , late or not at all?

tali

Anyone yay or nay ?

Hintza

So have they had the letter?

InsideInsurance

You made a mistake by sending it recorded delivery. The law assumes that anything posted is received unless the recipient can prove otherwise (which obviously generally they cant unless your certificate of posting has the wrong address)

Resend the letter, get the certificate of posting, wait the days then issue unless the recorded delivery shows up before hand. Specify in your letter that it is 14 days from the date of the letter too.

tali

No they have not had letter according to online tracking
Recorded delivery is (strongly)advised as a pre protocol
Paradoxically i am better off taking Travel agent to small claim as they will bear greater cost than original amount due to interest and court costs
I think some traders treat Small claims as an occupational hazard

jonesMUFCforever

How did you pay - by card?? If so do a chargeback for services not received? Cheaper I would have thought.

InsideInsurance

tali wrote: »

Recorded delivery is (strongly)advised as a pre protocol
Paradoxically i am better off taking Travel agent to small claim as they will bear greater cost than original amount due to interest and court costs
I think some traders treat Small claims as an occupational hazard

Strongly advised by who? Having worked with solicitors for many years none use recorded delivery. Of cause there are cases where contracts stipulate its requirement but unless it does then there is no reason to use it.

Of cause business factor in the cost of chargebacks and small claims courts. No matter how good your T&Cs are and how high your customer service you'll always get some people that will issue.

Small companies arguably are the worst to go against because they take it personally and likewise will self represent. Go against a corporate entity and they are much more pragmatic about these things and will factor in the cost of a barrister etc

tali

CAB advised me of recorded delivery and that seems to be general consensus online - afaik
CAB even strongly advised that i resend by recorded delivery another letter
15 working days Royal Mail delivery means in theory Trader will receive letter 1st Oct-if we assume this - how much time should i allow for response?

frugal_mike

Sending by recorded delivery is definitely not a good idea because it gives the other side a chance to refuse the delivery, and they can prove they didn't get it because the tracking will show it is not delivered. Some companies always refuse to sign for letters, I've had this happen to me before.

If you take the letter to a post office and get a proof of postage certificate then you have proof that you sent to the address on the letter. Legally it will be assumed to have been delivered in the due course of the postal system unless they can prove otherwise.

visidigi

InsideInsurance wrote: »

Strongly advised by who? Having worked with solicitors for many years none use recorded delivery. Of cause there are cases where contracts stipulate its requirement but unless it does then there is no reason to use it.

I got sent some court documents the other day (for a divorce proceeding that I was witnessing for).

I got one copy recorded and one copy via 1st class post.

Bother delivered by the same postman. I couldn't understand why at the time but have since realised this was done as two attempts to deliver are far more likely to succeed than one, especially if one is recorded.

frugal_mike

Recorded works fine when the receiver actually wants to receive the goods (or is at least ambivalent). If it isn't in their interest to receive it then its just an opportunity to refuse.