Scott Dunn refusing refund

laurasearch

Westin said:

laurasearch said:

Hi yes we made one payment so it is a package holiday and we have their atol certificate. 

My husband spoke with them today and they confirmed that our flight has been cancelled. We have emailed asking them for confirmation of this via email but no response as yet. 

They state the the laws that govern the industry are not designed to cope with this situation. Not sure that is my issue as you can imagine! 

I wonder if possibly a misunderstanding or miscommunication issue.

Perhaps what was meant from that statement is referencing the normal (within 14 days) refund of a cancelled package holiday.  I think from this Board alone we have seen nearly every travel firm is not following the timescale on refunds as covered by the Package Travel Regulations.  The comment to that end holds water in that the PTR’s and the mass cancellation of all holidays, staff furloughs and office closures were never factored together.

The credit note offer makes sense, as does your application and right for a refund. The PTR’s apply. I think what may possibly have been miscommunicated was the process and timescales being offered for the cash refund vs. a financially ABTA backed credit note. Perhaps you call this time and ask again. Ask what timescale they are offering to obtain the cash refund and make a decision from there.

There is no offer of any cash refund regardless of timescales Definitely only to rebook or take a credit note. We will keep ringing and keep telling them they are in the wrong and pursue a refund via our card provider! 

AlsoBeenDunn

As you can guess from our user name we have AlsoBeenDunn. We will be filing a small claim over the next few days in the County Court, which fortunately can now be done online. We were supposed to go to Central America, our (separately arranged) flights were cancelled and Scott Dunn has refused to refund our deposit. They even wanted to impose conditions on a voucher, viz. that we had to use the money towards an equivalently priced holiday over the next 18 months. This is despite us having been a Scott Dunn customer for over 5 years and having spent goodness knows how much with them.

I even offered to swallow their out of pocket costs: they claimed that they were GBP 80 (eighty) pounds out of pocket based on an irrecoverable deposit with a hotel. As it stands, I am claiming the full amount of the deposit, interest and my court costs. Hopefully not many others will have to go through this, though I fear the worst. 

Life__Goes__On

BeenDunn said:

We have issued Court proceedings via Money Claims Online. Simple debt to be refunded under PTR. Got an 8 page defence denying any responsibility to pay and quoting loads of totally irrelevant law. Lots of threats to pay their costs of the claim. So funny. The law is clear. The court will award damages and costs and interest and an uplift of 10% of the refund due. That’s not good business sense but more than that it’s dreadful customer service and catastrophic PR.
They endorse the lawyers playing dirty when the lawyers will be more than happy to be paid to defend the indefensible.
Stay well clear of this company!
They don’t value customers and use their cash as an interest free loan to prop up their business. Time for Andrew Dunn to put j
his hand in his pocket.
Any company who thinks the law does not apply to them and continues to hope that Grant Shapps will bail them out us seriously deluded.

Thanks for the update, I am interested on how it goes.

AlsoBeenDunn

Update here: we filed our claim against Scott Dunn and got an acknowledgement of service with a request to extend the deadline for submitting the defence by 14 days. So Scott Dunn have until 20 July. I will post the defence here once I receive it, for whatever that’s worth. Assuming we get judgment in our favour (nothing is ever certain in litigation) and we struggle to enforce (i.e. they don’t pay) then we will file a winding up petition. Unfortunately that costs the same again as our deposit and I don’t fancy our chances as an unsecured creditor, but the way we have been treated is just disgraceful so we are prepared to spend the money.

[Deleted User]

Very interesting @AlsoBeenDunn.    I am wondering if @laurasearch got anywhere with her chargeback?    We are now reaching stage where there should be some feedback of outcomes.    

macman

I don't understand why 2 posters above are going down the MCO route when a chargeback or S75 claim would be quicker, cost-free and almost certainly successful, given the agent's clear breach of contract. A judgement in your favour in the court does not mean you will ever get paid. Assuming they ignore it, you will then need to apply for a court order to use bailiffs for recovery. In my experience, travel agents' offices do not have much in the way of seizeable assets. Assuming, of course, that they do not simply put the company into liquidation first, in which case you will get nothing.

mattyprice4004

BeenDunn said:

We have issued Court proceedings via Money Claims Online. Simple debt to be refunded under PTR. Got an 8 page defence denying any responsibility to pay and quoting loads of totally irrelevant law. Lots of threats to pay their costs of the claim. So funny. The law is clear. The court will award damages and costs and interest and an uplift of 10% of the refund due. That’s not good business sense but more than that it’s dreadful customer service and catastrophic PR.
They endorse the lawyers playing dirty when the lawyers will be more than happy to be paid to defend the indefensible.
Stay well clear of this company!
They don’t value customers and use their cash as an interest free loan to prop up their business. Time for Andrew Dunn to put j
his hand in his pocket.
Any company who thinks the law does not apply to them and continues to hope that Grant Shapps will bail them out us seriously deluded.

Where does the law say you're entitled to a 10% uplift? The rest I agree with (well, damages where a loss has actually been incurred) but not sure where in statute you get a 10% bonus for taking them to court. 

Alan_Bowen

With respect, this is not the way to go at all. Currently, if a Defence is filed, you may be waiting 12 months for a final hearing, depending in the court concerned, the delay averaged 39 weeks last year and everything as regards small claims hearings have been suspended since mid-March, so 12 months may be a minimum. If you haven't already, make a chargeback claim against the card used at no cost, and hopefully very little delay. Alas, they do not appear to be members of ABTA, who despite designing the infamous Refund Credit Note have reminded their members on a weekly basis that if a customer wants a refund they are entitled to it by law.

macman

Unless of course they both paid by bank transfer, in which case go back to zero, do not collect any money at all...

macman

If the judge is known to you personally then she will have to recluse herself from the case then...
As I said before, even if the hearing (it's not a trial) finds in your favour, then they may simply put the company into liquidation, and you will recover nothing. It's a high stakes game you are playing.
Whatever the terms stated on their website say is not relevant: they cannot diminish your statutory rights.