SunWeb offering vouchers instead of refund

desklamp

I was going to ask the same question!

I noticed on Sunweb’s Facebook page someone has started court action and Sunweb has applied for a 2 week extension. Also, someone put a review on Trustpilot saying that they had used a chargeback against Sunweb, which was successful, however Sunweb are challenging that chargeback! I am at a loss to know on what grounds Sunweb can challenge it.

I have written to them on numerous occasions and also phoned them. They have either ignored my emails, or flatly refused a refund. I also rejected the RCN, again this was ignored.

They now seem to be acknowledging that they have to refund even though this still has not been directly communicated to me, so I wrote again confirming I had rejected the RCN and requesting a time scale for a refund. They said that they don’t have the money to refund and (seemingly in rather deliberately way) fail to acknowledge that I had rejected the RCN.

It appears that the only options remain going to your card company or the small claims court, but from what I have said above they [Sunweb] seem to be trying all avenues to avoid paying up.

angiecinnamon

Hello all
I am not a regular forum user I have been following this thread as I find myself in the same situation with being unable to get a refund. 
I wondered if anyone had advice for my situation. My holiday was booked and paid for partly by myself and partly by my friends. Due to available funds this was the easiest way for us. We are aware how this may now have been a mistake! I think this might effect the ability to claim back on a credit card. 

Any advise or ideas? 
I also wondered if people.like us should join together and get a legal claim put together but I don't really know if that is even possible?!

Thanks

Life__Goes__On

angiecinnamon said:

 My holiday was booked and paid for partly by myself and partly by my friends.

What methods of payments used by you and your friends?
Who was going on the holiday?

MattPrice

I think I am the person referenced above that has made a small claims court application.  As it says above SunWeb were very quick to invoke the 2 week delay for them to be able to respond which gives them until 4 pm Weds 15th July to do so.

On Friday I received a Solicitors letter marked urgent informing me they had been appointed for the defendant.

My guess is the it being marked urgent and from a Solicitor is supposed to intimidate and or delay and frustrate. Also might want to take me to hearing to see if I want to pay a bit more.

I can’t see what the defence is bar force majure but every thing I read about FM indicates it does not apply.

If there are any legal people on here then any advice gratefully received. 

I am game for carrying on but don’t need to incur further costs unless unavoidable (I think exposure to other sides costs is limited in SC’s).

One other thing I have done is make a subject access request under GDPR.   Will be interesting to see what they have said behind closed doors.

Matt

desklamp

I wouldn’t attach too much significance to a letter from a solicitor. On one hand, as you say, the formality is designed to put you off proceeding. However on the other hand one would hope that the solicitor acts in the clients best interest, and if there is no defence they would then advise Sunweb not to pursue the case and refund the money owed. Also if it goes to court and they subsequently do not turn up, although inconvenient for you, the judgement will be in your favour.

It seems the CMA has a clear view on non payers like Sunweb. It will be interesting to see if Sunweb has received a letter from them.

https://www.travelweekly.co.uk/articles/378331/competition-watchdog-warns-100-travel-firms-over-refunds

My only experience of the Small Claims Court was not with a travel company, but I experienced similar intransigence from the defendant, up until a court date was set when they rapidly agreed to pay if I dropped the case.

El_Gordo_2

MattPrice said:

I think I am the person referenced above that has made a small claims court application.  As it says above SunWeb were very quick to invoke the 2 week delay for them to be able to respond which gives them until 4 pm Weds 15th July to do so.

Matt

Matt

may we ask what happened at the Small Claims Court?  I’ve been looking at doing the same and it would be useful to know if it stands a chance.

on a different note, I have received a refund for the deposit I paid via my credit card (about half of the total that Sunweb owe us). Sunweb contested the chargeback, my credit card company asked for more info, which I provided, and my credit card company has rejected Sunweb’s challenge.  Regrettably Sunweb still has another 45 days to further contest the chargeback.  Still no sign of the rest of the money owed, so I’m looking at Small Claims for that.

MattPrice

Hello
After the small claims I signed a consent via their solicitor to be paid by the 31st.  Pleased to say I was paid on the 27th.  During that time I also made a GDPR request on them which they were not very keen on.
Hope it works out for you; and everyone else owed money.
Matt

El_Gordo_2

MattPrice said:

Hello
After the small claims I signed a consent via their solicitor to be paid by the 31st.  Pleased to say I was paid on the 27th.  During that time I also made a GDPR request on them which they were not very keen on.
Hope it works out for you; and everyone else owed money.
Matt

Great news! May I ask if they actually attended court?  Did you claim interest and costs on the money you were claiming back, ie the costs of taking them to court? Any tips on pursuing them through the court?

MattPrice

Hi
l claimed the holiday plus the small claim court fee of £105. Interest on £1600 for three months is pennies so didn’t bother. Would love to have charged them for my time but that would never fly.  Never got to court as signed a consent order to be paid. They don’t want court action on their books apparently.

Thanks
Matt

El_Gordo_2

MattPrice said:

Hi
l claimed the holiday plus the small claim court fee of £105. Interest on £1600 for three months is pennies so didn’t bother. Would love to have charged them for my time but that would never fly.  Never got to court as signed a consent order to be paid. They don’t want court action on their books apparently.

Thanks
Matt

That is great news. Thanks for the update Matt 👍