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

paddyrg

They had an audit
You don't have a problem
They have a problem
If they want to go to court over it and you can show evidence that they said you paid in full what they asked you for at the time, frankly they're going to look a bit silly in court.
It's no different from getting a call from Tesco saying they undercharged you for milk a year ago so give us money.
You don't have a problem, they have a problem.

harrys_dad

It is up to them to prove you owe it, not for you to prove you don't. Seems unlikely they can do that.

antrobus

Mr_Si wrote: »

.....It seems to me that it was there mistake, so why should I have to pay???

You don't.

I'd second the advice given in post #9 by timbstoke. Your contract with Holiday Gems has been concluded. Refer them to the reply given in Arkell v Pressdram. (Which, to the uninitiated, is a polite legalistic expression for 'f*** off'.)

Mr_Si

Well I have informed them I will not be paying and that if they would like to take me to court then go ahead. Frankly I find it laughable and a joke that a mistake made by them and only picked up on audit 3 1/2 years later long after the holiday was paid for (IN FULL) and taken (THE TANS FADED), can then be past on to the customer with such measures as threatening with court. I will not be paying and will never use or recommend Holiday Gems ever again!!!

I await there response.

oxfordrocks

Well, that is a strange one.

I know how worrying it is to get a threat of court action.

TBH I wouldn't have got in contact with them, just reseal the envelope and write on it-

"Addressee deceased"
or
"Not known at this address"

Let them waste time and money chasing you.

Good luck and let us know the outcome.

tykesi

TBH I wouldn't have got in contact with them, just reseal the envelope and write on it-

"Addressee deceased"
or
"Not known at this address"

Mr Si - whatever you do DO NOT follow this most ridiculous advice!

duchy

Why would they go 3.5 years between audits ?
Sounds like a fishing expedition to me .
They may have sent the letter out to other customers too- doesn't mean it is justified or if they will cough up either.

If you paid them what they invoiced you (which presumably you did or they'd not have sent tickets) that's the end of the matter. Sounds like they may have financial difficulties and are trying a bit desperately to raise money they aren't entitled to possibly to stay afloat.

I'm sure it'll be worth their while to take you to court on such dubious grounds for £130 lol

lincroft1710

Over 45 years ago the manager of the local Co-op coal merchants sent out letters to a lot of customers (many elderly) saying they had not paid for their coal delivery 2 years ago. The normal practice was to send an invoice a few days after delivery.

Most (if not all) had paid, but quite a few had not kept their receipts so paid again. Consensus was that the manager was on the fiddle, and the Co-op itself was unaware of what had happened.

Mr_Si

Well it seems Holiday Gems have taken there time, over a month, but today I have received a letter from a debt collector on there behalf demanding the money in next 5 days!!!!

I have emailed them but with no response, so now it seems even more so that they are not interested in my argument.

I give in????

MothballsWallet

Don't give in - debt collectors are toothless and would have to:

• Issue court proceedings
• Prove their case beyond balance of probability and win
• You get a chance to defend
• You fail to pay any amount the judge awards them (unlikely) in the timeframe (approx. one month from hearing date)

This is the same process that Holiday Gems would have to follow, except they've turned yellow and sold the file to a debt collector for pennies in the pound to deal with...

Funny how their audit was 3 1/2 years after your holiday contract concluded... They can't be well-run if that's the case, most companies are audited more often than that (especially for tax returns by their accountants).