Pressured into buying holiday whilst ill. Claim money back?

pipbb

Hi can someone give me advice please about buying a holiday over the phone when I was ill and felt pressured? It's quite complicated and very long so please bear with me.

In mid March 2013 I decided I wanted to go away with my partner for my 50th birthday in late March and because I'd had a major operation in Jan 2013 for cancer.
After my op I returned to work in March, in a hospital, and within a few days couldn't cope and kept breaking down and panicking, work either sent me home or to the cancer walk in centre in the same campus. (I'd had cancer 10 years earlier and was told it would never reoccur).

Whilst still working and very close to my birthday I needed to get away, I looked on the Internet and started booking a holiday to Morocco. I stopped halfway through because I had to go out, I think I was late for work. As I was going out the door the phone rang, it was the travel agent who wanted to continue the booking. I told him I was late and hadn't definitely decided on the accommodation but he said he'd finish it quickly, I said I was rushing out and he somehow talked me into doing it there and then and finalising and paying for the holiday.
Over the next week or so my mental state quickly escalated and on the day I couldn't go through with the holiday, I had a panic attack and was terrified to leave the house.

So, at work (for the NHS) I was then signed off sick, and was off a year until I was dismissed due to ill health. My GP had been trying to treat me during this time (severe depression, anxiety and agoraphobia all started because of my cancer episode) but nothing was working so I was referred to a psychiatrist and mental health team in Jan 2014. Life has been indescribable.

Now, March 2016, I have finally been discharged as we've finally found a medication combination that works, I've had CBT, and I'm nearly 'better'.

So now I can think clearly and rationally, and I think the travel agent pushed and pressured me into making a quick sale. Even though he didn't know it, I wasn't in the right frame of mind to be making decisions, I was on the verge of a breakdown.

My question is, is there any way I can claim my money back because of his pressure and my unfit state of mind?
It's near on 3 years ago, is it too late? I haven't kept the holiday paperwork, but I have all the medical/work paperwork for proof and as far as I can remember I paid with a credit card (I damn well hope so anyway) . I think I lost about £1600, I'll have to check with the credit card company (I've closed the account now).
As far as I know the phone conversation was recorded his end (landline my end). If we had gone the insurance would've been covered through my partner's bank account.

Thanks everyone

BrentMeister

You can try, I doubt you'll have any joy though for the following reasosn.

1) Over 3 years ago (Although you do have 6 years to make a claim with the small claims court)
2) No paperwork relating to ther holiday
3) I doubt they will still hold the telephone conversation after so much time has passed
4) You could have said "No" or simply hung up.
5) You was signed off work a week after you booked the holiday. Was the state of your mind so serve that during this time you was unable to do anything else?
6) Could your husband not have contacted them back and asked about cancelling?

bris

You didn't have a claim then and you certainly don't now. Just put it behind you and move on with your life, worrying about this isn't going to do you any good.

unholyangel

I'm a bit confused, if you have insurance through your partners bank account, then they should have paid out if the holiday had to be cancelled due to a doctors say so.

The agents sales techniques would only ever be unfair if they were likely to mislead the average consumer unfortunately - however average consumer can be a specific group (for example if they were marketing a product that claimed to help with a disability then their average consumer would be someone of that disability rather than just the average joe on the street).

Some holiday companies will also give a refund if the cancellation is required by a doctor (rather than because someone doesn't feel well enough to go) but after 3 years, I have a feeling you would struggle to get anything back from the holiday company - especially if you just didn't turn up rather than cancelling in advance as they would have no opportunity to resell the holiday.

Sorry, I know its probably not what you wanted to hear but I do hope you're on the road to recovery. It can be very difficult for people to overcome their own mind (which is effectively what depression, anxiety etc is - turns your mind into your own worst enemy) so you've done fantastic to get to where you are. Keep moving onwards and upwards

paddyrg

No, pretty much. The person who called you, as you recognise above, had no indication of your state of mind and was certainly not medically qualified to infer anything from your conversation. You were just a sales lead that they closed by giving you a call, and presumably happily if you paid for the holiday.

Consumer laws in the UK are very heavily weighted in favour of the consumer, but are still fundamentally fair to both parties. The holiday company paid your money to the airline and hotel and whatever else was included, keeping a modest amount for office overheads, staff fees and commission. Without being formally advised in advance, they had no way to resell those services to mitigate losses. Unless the insurance company will entertain the claim, which is unlikely without paperwork and without efforts to mitigate the losses, there's no case to answer.

It's great to hear you're learning to cope again. Cancer is a horrid illness, and triggering mental health problems makes it doubly cruel as it's so isolating, you have my most genuine sympathies. Yes, it's £1600 that's gone, but worrying about it won't bring it back, you'll just make work and stress for yourself. Instead, I'm sure you'd rather recover and recuperate, ironically maybe with a holiday. Maybe start with a night or two in a spa hotel in the UK, something easily manageable? The Gainsborough in Bath might be ideal, brand new, very well appointed, very centre of the city so makes a good bolt hole if doing shopping and needing a bit of quiet time to rebalance, etc.

peachyprice

pipbb wrote: »

Even though he didn't know it, I wasn't in the right frame of mind to be making decisions, I was on the verge of a breakdown.

No, you have no recourse, the reason is right there ^. The travel agent had no idea you were on the verge of a breakdown.

JReacher1

It sounds like you would have booked the holiday online anyway. You were half way through and only stopped as you were late for work. It seemed to take a week for your mental wellbeing to disintegrate so it seems likely you would have booked the holiday online anyway when you had time.

I would just move on.

agrinnall

unholyangel wrote: »

I'm a bit confused, if you have insurance through your partners bank account, then they should have paid out if the holiday had to be cancelled due to a doctors say so.

I think there's a reasonable chance that the insurer would have used an 'existing condition' get out, and may have refused cover entirely if the OP's medical conditions hadn't been fully revealed.

pipbb

Thanks for your good advice everyone, it's very much appreciated.

And thanks unholyangel and paddyrg for your kind words xx