Private Caravan Owner Won't Refund

Chopsookey

Hi Guys,

We booked in December 2019 to stay at caravan in England for Easter 2020. We never received a booking form and terms and conditions however as this person was recommended by friends and had all their contact info we had no issue.

A few weeks before the holiday we paid for the holiday in full. (Bank transfer clearly marked as paying for goods/services). Then Covid-19 happened.  We did rebook for a future date but that date has come and gone and we now want a refund.

Owner now says they have no money and to claim on holiday insurance. This owner is on a large well known park and having spoken to other owners and the park they have the funds to refund but are refusing to.
Insurance company need booking confirmation and terms and conditions which owner is still yet to send. They have become aggressive and keep saying we can rebook for next year whatever dates we want. However we no longer wish to stay with this owner merely due to their rudeness and attitude.

Considering growing down the legal route as they are effectively holding on to our money.

1) do we have grounds to go to small claims?
2)if yes to the above can you please point me in the right direction? 
Thanks 

missile

You can go to small claims court, easy DIY. That may "encourage" owner to refund. However, I suspect you may live in Scotland(?) which could make it difficult and the owner may ask for hearing to be heard in their local court.
Does owner have web page displaying T&Cs.
I presume you have sent booking confirmation e mails and explain that owner has declined to forward T&Cs to your insurer. 
Lesson learned? > Never pay by BACS transfer.

Chopsookey

Hi thanks for the reply, I am in England so no issues locality wise.

Payments was by Bacs only they do not have any other payment method. They only have a facebook page and no t&c's displayed there either. 

If it was payment by card then it would've been by credit card this much I know. But unfortunately no choice here. 

Life__Goes__On

Chopsookey said:

2)if yes to the above can you please point me in the right direction? 

Thanks 

Good guide here
https://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court

macman

So they are still trading? Limited company or sole trader? You must address your claim to the correct legal entity, or it'll be rejected.
And make sure you send an LBA first, giving them 7 days to pay. The court will take a dim view of claims that don't attempt to resolve first without legal process.
I am puzzled though as to why you went ahead and paid the balance, when you had not received any form of booking confirmation? A 'large well-known park ' that does not accept debit or credit cards would have set the alarm bells ringing for me.

Thrugelmir

Chopsookey said:

This owner is on a large well known park and having spoken to other owners and the park they have the funds to refund but are refusing to.

Unlikely that the other owners will have any intimate knowledge of the financial affairs of the business. 

Chopsookey

macman said:

So they are still trading? Limited company or sole trader? You must address your claim to the correct legal entity, or it'll be rejected.
And make sure you send an LBA first, giving them 7 days to pay. The court will take a dim view of claims that don't attempt to resolve first without legal process.
I am puzzled though as to why you went ahead and paid the balance, when you had not received any form of booking confirmation? A 'large well-known park ' that does not accept debit or credit cards would have set the alarm bells ringing for me.

They are a private individual who own their own caravan on a large park who then rent it out to the public. 

Just to clarify I have confirmation of booking in a text message. What I did not receive was booking terms and conditions if that makes sense.

We have rented caravans in the past privately and the payment by BACS is common this  and never had an issue. I am not if they are a registered business. I will check on that! Thank you 

Chopsookey

Life__Goes__On said:

Chopsookey said:

2)if yes to the above can you please point me in the right direction? 

Thanks 

Good guide here
https://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court

Thank you!