Holiday Gem (overdue payment) 3 years later???

Mr_Si

We booked and paid for a holiday in May 2010 through Holiday Gems. 3 and a half years later I have received a letter today explaining that they had done an audit and it had now come to light that I had not paid enough and that I now owe them over £130 or they will take me to court. Is it possible that this can be done even though I had paid what I was told was the final due amount before going holiday??? I feel that this seems rather unfair as the error was there's at the time and not mine. It was May 2010!!!!!!

Mr_Si

Has anyone else had similar dealings with Holiday Gems travel company? They informed me that they are currently investigating other payment issues for other travellers who booked with them and will be billing those too?

paddyrg

Sound like they weren't keeping their books very well! Especially if they say more than one holidaymaker is affected.

If you were given a price, paid it, took the holiday and came back, the contract is complete. They can whistle.

Mr_Si

I contacted them straight away and asked them if they were having a laugh, but apparently not!!!! They said there was an error and that since there audit had picked it up that they had to recouperate the amount from somewhere, that been me!!! My point to them was I had paid what they had informed was the final balance and that how could I have gone on the holiday if I had not paid in what I assumed was the full balance owing?? They were having none of it though and seem to have shifted the blame onto me 3 and a half years later!!!!!!!!!

unholyangel

Have they provided information as to why theres an additional £130 to pay? Credit card charge perhaps?

If they gave final price and said there would be a 2% credit card charge for example, then its possible you do owe the money.

If this isn't the case, you agreed £x total and you paid £x total, then they can't retrospectively change what was agreed. If you agreed £x total and you paid £y with the latter being lower than the former, then again...you'll owe the money.

Mr_Si

We were given a final balance to pay which we paid including all charges. We received confirmation, went on holiday and all was fine. Now 3 and a half years later out of the blue they say an error was made and that the final balance should have been more at the time but only picked up after they had done an audit. Had the final balance been £130 greater than than the balance that they gave me at the time then that is the balance that I would have paid!!!! Surely after 3 and a half years they cannot chase me for an overdue payment that was not stated correctly at the time of paying the balance owing. It's there mistake and not mine?????

Mr_Si

Also if they had not received what they stated as the balance at the time, which was the balance I originally paid, then surely they would not have released tickets and confirmation if I had not paid in full??

ManAtHome

Masses of crappy reviews on the net - maybe worth a call to Trading Standards or whatever (if any) association they're registered with (eg ABTA, ATOL etc).

timbstoke

Write back to them along the lines below:

Dear <date>

I acknowledge your letter of <date> and your request for additional payment of £130. I would draw your attention to the fact that this contract has now been concluded in full, and all agreed fees were paid at the time. Any accounting issues arising as a result of this contract are entirely your responsibility. As such, I respectfully decline your request for further payment.

With regard to your reference to initiating court proceedings to enforce your request, that is of course your right. I trust that you will secure competent legal advice prior to taking this course of action, in which case I would refer your legal counsel to the response given in Arkell v Pressdram (1971). I would further advise that, should you choose to pursue this course of action, I will be requesting that the case be heard in my local court, where your claim will be vigorously defended. Due to the vexatious nature of your claim I will also be requesting that the court award costs in my favour.

Lots of Love

Mr Si

OlliesDad

Do all of your payments add up to the amount initially agreed for the cost of the holiday? Was it just the final invoice that was wrong?

If you do owe the amount then they have 6 years to take you to court for it.

Mr_Si

Holiday Gems told me that I would have paid the full balance, but the audit brought up that the balance was incorrect and that I now owe the difference (£130). I no longer have any documents relating to the original invoice (It was 3 1/2 years ago) so can not proof anything!! All I can say is that I paid what was due at the time of original invoice, given to me by them and would not of intentionally underpaid the outstanding amount else I would not have received tickets etc.......It seems to me that it was there mistake, so why should I have to pay???