Hotel overcharged my account

Apathy

Thank you^^ something actually constructive.

Finally someone that understands rather than a certain poster on this thread who seems bitter or has an hotel industry bias. So yes i will give it a go with the bank and yes they have charged me £300 without my authorisation and helped themselves.

MH1927

So the OP's bank refund the money as an unauthorised payment.

The only way for the hotel to recover the damages is to file a claim at court, which ultimately the OP will also pay for as he cant say he didn't cause the damage? Whats the current costs involved for small claims?

unholyangel

MH1927 wrote: »

So the OP's bank refund the money as an unauthorised payment.

The only way for the hotel to recover the damages is to file a claim at court, which ultimately the OP will also pay for as he cant say he didn't cause the damage? Whats the current costs involved for small claims?

You seem to be forgetting the necessary step of letter before action/trying to resolve the matter without involving the courts. Without those steps being taken, costs are likely to be awarded against the hotel rather than against the OP (even if the hotel were to win their claim for damages).

MH1927

Is an LBA required if the OP uses his Bank to refund the transaction? The damages were admitted and a method of payment provided. The OP then unilaterally withdraws from the agreement stating the costs are unreasonable.

The LBA is to identify the breach and give the OP an opportunity to remedy?

KeithP

MH1927 wrote: »

The LBA is to identify the breach and give the OP an opportunity to remedy?

Yes.

If the hotelier wants more money than already agreed and the OP is unwilling to pay more, then the claimant must send a LBA before starting court action.

So the OP does have an opportunity to pay the claimed amount without the addition of court fees.

unholyangel

MH1927 wrote: »

Is an LBA required if the OP uses his Bank to refund the transaction? The damages were admitted and a method of payment provided. The OP then unilaterally withdraws from the agreement stating the costs are unreasonable.

The LBA is to identify the breach and give the OP an opportunity to remedy?

Of course its required. An LBA is part of pre-action protocol - that is, steps you need to take before beginning legal action.

The purpose of an LBA is to make the other party aware that this is their last chance to try and settle the matter before the courts are involved (and therefore, their last chance to resolve matters before their liability for costs may increase). This is why - if you don't comply - costs may be awarded against you even if your claim itself is successful.

MH1927

Seems odd really, the OP knows of the damage and said they will recall payment via the bank, the business then incurs costs of writing an LBA. Plus the PAT testing is usually at a reduced rate the more items you do, single items seem to incur a call out charge. Would this charge be recoverable if fell solely out of breach? If the room lies empty as people did not one without a tele can this be claimed?

So is it easier for the OP to speak again to the hotel rather than a chargeback?

pmduk

Hotels usually have a staff member authorised to undertake PAT testing.