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Trying to get my deposit back

GrubbyGirl_2
Posts: 1,018 Forumite


Apologies if this is the wrong forum but I wasn't sure where to post so I'm happy if admins want to move it.
In May 2013 I was planning to get married and my partner and I decided we only wanted a very small family wedding. We decided to book a large 13 bed manor house for the week and combine a large family holiday with the wedding. I paid £1,300 deposit by bank transfer. In October 2013 we split and I cancelled the booking at the house. The deposit would only be refundable if the house was re-let.
In October 2014 (one year after cancelling) I checked on Trip Adviser and looked at the availability for the week we had booked to find that the exact week was not available so I contacted the owner to request the return of the deposit. The owner contacted me an apologised that there was no booking she had "forgotten" to remove our booking from the site. So effectively anyone looking for the last 12 months would have thought that the week was booked. When I protested she said that she got very few referrals from Trip Adviser as mos people contacted her direct. Certainly when we were looking we checked availability on Trip Adviser before making contact with her direct through her web site, so I'm afraid I do feel it was relevant that the property looked like it wasn't available for a year.
The booking was for May this year so I left it until now to check again, and low and behold the whole week is booked again. I again contacted the owner who said that no money was owed as my ex partner's daughter had contacted her to say that they intended to use the booking as a surprise for my ex partners birthday,
I am fuming and of course my partner is not responding to my calls.
I believe she has no right to do that. The contract was with me, although my partner was named on the booking, the payment came from my bank account. And in any case the contract was not with my ex partner's daughter so she had no right to agree with her to use my money!
Although I paid I presume only half the deposit is mine anyway, but what can I do? I have insisted that the owner return my deposit and set up a new contract with my ex partner's daughter, but I doubt I will see anything.
Would appreciate some advice.
Thanks
Angela
In May 2013 I was planning to get married and my partner and I decided we only wanted a very small family wedding. We decided to book a large 13 bed manor house for the week and combine a large family holiday with the wedding. I paid £1,300 deposit by bank transfer. In October 2013 we split and I cancelled the booking at the house. The deposit would only be refundable if the house was re-let.
In October 2014 (one year after cancelling) I checked on Trip Adviser and looked at the availability for the week we had booked to find that the exact week was not available so I contacted the owner to request the return of the deposit. The owner contacted me an apologised that there was no booking she had "forgotten" to remove our booking from the site. So effectively anyone looking for the last 12 months would have thought that the week was booked. When I protested she said that she got very few referrals from Trip Adviser as mos people contacted her direct. Certainly when we were looking we checked availability on Trip Adviser before making contact with her direct through her web site, so I'm afraid I do feel it was relevant that the property looked like it wasn't available for a year.
The booking was for May this year so I left it until now to check again, and low and behold the whole week is booked again. I again contacted the owner who said that no money was owed as my ex partner's daughter had contacted her to say that they intended to use the booking as a surprise for my ex partners birthday,
I am fuming and of course my partner is not responding to my calls.
I believe she has no right to do that. The contract was with me, although my partner was named on the booking, the payment came from my bank account. And in any case the contract was not with my ex partner's daughter so she had no right to agree with her to use my money!
Although I paid I presume only half the deposit is mine anyway, but what can I do? I have insisted that the owner return my deposit and set up a new contract with my ex partner's daughter, but I doubt I will see anything.
Would appreciate some advice.
Thanks
Angela
0
Comments
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Was there a contract signed? If so, who signed the contract?
Apart from that I'm also going to double check, theres a possibility this is going to cause a lot of drama with your ex/his family. While its not very consumer rights orientated, sometimes its better to let sleeping dogs lie and write it off as experience.
How much was the total agreed?
And I know its hard, but try and take the emotion out of it.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
The owner must mitigate their losses by trying to re let the property as she probably knows. By failing to take appropriate steps and making the property unavailable to do so she is leaving herself open for you to take her to the small claims court.
For £1300 it would be worth making her prove in court that she took the appropriate steps to mitigate the loss. She has either failed to do this or is lying to you and re let the property, either way she will be found out in court and you would have a strong case.0 -
unholyangel wrote: ».....Apart from that I'm also going to double check, theres a possibility this is going to cause a lot of drama with your ex/his family. .....
Good idea, if this is likely to cause trouble why not get someone else to do this discreetly.0
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