Sykes cottages

chilled_chick

@Life__Goes__On no, it was a telephone conversation. Could try calling again I suppose?

Life__Goes__On

Yes,  say you want written evidence as their rejection in incorrect as a voucher is NOT  a refund under English law. You are entitled to a full cash refund. and they are " jointly and severally liable" under the  Consumer Credit Act 1974, and you have a legal right to put in this claim
And will be using their letter in your complaint to Financial Ombudsman Service

linzwin2

In February I booked a cottage holiday for my in laws who are in their 70s (with serious underlying health conditions) for June 12th. They paid £50 part deposit. They are now self isolating. Sykes are due to take the full balance on may 1st and if I cancel online they will take £178 full deposit balance. They are only offering a date amendment which they don’t want.  They won’t speak to me as it’s in my mils name and details and she is quite frail and confuses easily. Oh and they did take out Sykes insurance but it states in their faq that the insurance will cover persons who have been diagnosed with covid or a family member has been diagnosed. What can I do to get their refund? 

Aylesbury_Duck

If your MIL paid then she needs to authorise you to deal with it on her behalf, otherwise it's an easy get-out for Sykes to refuse to deal with you.

Has Sykes actually cancelled the booking or is it that your in-laws want to cancel?  If the former Sykes can't take the deposit balance.  If the latter, there are two options:

1. Pay the deposit balance, sit tight and wait to see if Sykes themselves cancel.  You will then have options at that point.
2. Don't pay the deposit balance, thereby effectively cancelling.  Limits their exposure to £50 but be aware that Sykes are lawfully allowed to pursue them for the £178.  Whether they would or not is unknown but you need to decide if that's hassle two elderly people need.

linzwin2

Thank you for your advice, no they haven’t cancelled it as such, but are saying if the holiday is before 14th June it can be amended. Paying the deposit balance isn’t an option, Sykes will take the full balance of £600 on 1st May, or £178 immediately should they cancel. 

Aylesbury_Duck

Then I think your two options are still those above.  Pay the full balance and assuming it gets cancelled by Sykes, assess the options presented at that point, or renege on the contract, stop the next payment and see what happens (but do understand the potential consequences of doing so).

linzwin2

thank you, my MIL wants to speak to the bank to see if they will stop the payment as it’s due to be auto taken from her card. 

Life__Goes__On

linzwin2 said:

thank you, my MIL wants to speak to the bank to see if they will stop the payment as it’s due to be auto taken from her card. 

You know if she does that she  could have a debt collector chase her and be taken to court.

chilled_chick

Life__Goes__On said:

Yes,  say you want written evidence as their rejection in incorrect as a voucher is NOT  a refund under English law. You are entitled to a full cash refund. and they are " jointly and severally liable" under the  Consumer Credit Act 1974, and you have a legal right to put in this claim
And will be using their letter in your complaint to Financial Ombudsman Service

So, called credit card company... 1 hour, 45 mins later they have agreed to put my outstanding money into dispute with Sykes. So for now, my cc account will be credited. However if Sykes successfully justify the charge to MasterCard, the amount will be debited again (Sykes have 45 days). If this occurs, I will progress trying to get reimbursed via Section 75 with my credit card company. 🙏

Life__Goes__On

chilled_chick said:

Life__Goes__On said:

Yes,  say you want written evidence as their rejection in incorrect as a voucher is NOT  a refund under English law. You are entitled to a full cash refund. and they are " jointly and severally liable" under the  Consumer Credit Act 1974, and you have a legal right to put in this claim
And will be using their letter in your complaint to Financial Ombudsman Service

So, called credit card company... 1 hour, 45 mins later they have agreed to put my outstanding money into dispute with Sykes. So for now, my cc account will be credited. However if Sykes successfully justify the charge to MasterCard, the amount will be debited again (Sykes have 45 days). If this occurs, I will progress trying to get reimbursed via Section 75 with my credit card company. 🙏

It's so wrong that credit card companies are giving people wrong info. (and even worse that people are getting advised this info is correct)

Hopefully you can come back and say  how you got on,  and advice if they reject your claim.