Anyone had success in Small Claims Court for obtaining a refund?

Calmcglaughlin

My package holiday travel agent has consistently refused to provide a refund for our cancelled holiday to Greece. They have offered a Refund Credit Note which they say can be redeemed for cash next year if not used by us to book another holiday. We need the money now, not next year, so have sent a Letter Before Action and stated we will take the firm to the Small Claims Court if the refund is not issued within 7 days. Has anyone had any success going down the Small Claims Court route to obtain a refund? 

Life__Goes__On

I have read on here that at least one person has done that with an different  issue.
You might want to ask on a different form,  as no one dealing with COVID-19  will have got that far
BTW  how did you pay?

Browntoa

Most unlikely at the moment , huge backlog of cases building up

Mrsn

There will be as Browntoa has said a huge backlog of cases, it will take months to get through the system at the very least which isn’t going to get you your refund any quicker.

Life goes on has asked which method you used to pay for the booking. This is an important question as may give you another avenue to try and recoup your money...

Thrugelmir

Mrsn said:

There will be as Browntoa has said a huge backlog of cases, it will take months to get through the system at the very least which isn’t going to get you your refund any quicker.

Not that these cases will be treated as priority either. 

Browntoa

There's a good chance that they will be "struck out" en masse so that n that case all identical claims get Closed

Butts

Browntoa said:

There's a good chance that they will be "struck out" en masse so that n that case all identical claims get Closed

What makes you come to that conclusion ?

Nebulous2

Thrugelmir said:

Mrsn said:

There will be as Browntoa has said a huge backlog of cases, it will take months to get through the system at the very least which isn’t going to get you your refund any quicker.

Not that these cases will be treated as priority either. 

Does that happen?I thought they got processed more or less in date order?

jimexbox

Browntoa said:

There's a good chance that they will be "struck out" en masse so that n that case all identical claims get Closed

Total rubbish, if you're going to make sweeping statements, at least back it up with facts based in law. 

Browntoa

The law on strike out 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03/pd_part03a


Several of the clauses apply .

SevenOfNine

I don't think the few who've said they're going to take the small claims route will have had time to do much more than lodge the paperwork with the magistrates court at this stage.
Though we have the opinion of a board guide, browntoa, it may not exactly agree with what is said by MSE.

"4) File a county court claim online. This is following up on your promise to go to court – and again, it's what our senior lawyer says they'd do, but of course everyone is different. Essentially, it will hopefully go through the small claims route – a low-hassle online process for simple cases where you can represent yourself – though it will take some time, and it does depend on how good you are at this type of thing. This can be objected to by the other side though, and be pushed up to a district court, where you may need legal representation.

There is a cost for doing this – it's £25 to £300, and it's refunded if you win. If you lose, there are no costs against you in the small claims court, but there may be if it goes up to a higher court (you'll know beforehand though and could drop the case then). See our Small Claims Court guide for full help".

The link to that section of text is here so you can see if it applies to you, but it does have links to Section 75 & Chargeback which might be alternatives (though I think Chargeback might have had to be done within 120 days of first payment with c/c or d/c??:  
https://www.moneysavingexpert.com/news/2020/02/coronavirus-travel-help-and-your-rights/?_ga=2.175808098.1539389497.1585555029-345968731.1582535611 

Personally, I just used the current legislation as my right to a refund.  I refused an unsolicited refund credit note/voucher before they inflicted it on me. Gathered written evidence of their inability to engage with me, to agree to a reasonable timescale for a cash refund NOT an IOU by another name, so if push came to shove it wouldn't be "he said, she said" - I'd have hard evidence to hand.  Here is the link to the legislation & you want Part 3 (14) & Part 2 (8) is worth noting as well: 
https://www.legislation.gov.uk/uksi/2018/634/regulation/8/made

Part of the argument I've seen in popping up here & there on assorted sites is that the Refund Credit Note won't buy you the holiday you booked on any given date in the future (have you actually checked - more evidence!). If an 'incentive' has also been offered (bit of a bribe IMO, TUI are offering an additional 20%), it does NOT have ATOL cover. I'm not even at all sure that the RCN has fail-safe cover either, but perhaps someone has a link to an INDEPENDENT body who confirms it has.  On top of that accepting an RCN traps you to travel with that provider again, blocks your ability to shop around.  Along with the definite lack of Codiv-19 (or perhaps the more blanket 'pandemic') cover, fine if you can use the RCN prior to your current travel insurance policy expiring (assuming travel insurers accept the RCN as an amendment to your previous cancelled holiday & not a 'new' booking).

Of course, the 'other side' will claim you can swap the RCN for a refund at some unknown date (some say straight away, but at any stage they can move the goalposts, some are just hell bent on breaching the law on the matter of ££££ right to a refund). IMO you must keep coming back to the legislation as it stands, whilst being reasonable about timescale in these dreadful circumstances, though some operators are managing to comply with the legal requirement! 

Apologies, a long answer to your short question, but perhaps some of the links will give you a balance view or help you prepare/forget the small claims route.