Company refusing cash refund until March 2021 - paid by bank transfer

judithlusted

Hi, I had my little Scottish holiday due to depart this September cancelled - with Brightwater Holidays - I have refused a credit slip, they are refusing to give me a cash refund until next March. I payed by bank transfer (I now know how stupid that was) so can't do Chargeback or Section 75. Is there anything else I can do . I am an NHS nurse and desperate for the money!!

bradders1983

You could start small claims court proceedings but that wont be any quicker unless the threat of it makes them pay up.

But yes, you realise your mistake in how you paid at least.

DCFC79

Small claims court is fine but if they dont have the money to refund you then you cant have it.

mattyprice4004

They probably just don’t have the money at the moment; they can’t give you what doesn’t exist. 

Remember, you’re no worse off - you wouldn’t have had the money if you’d gone on holiday either, you just didn’t get the holiday. 

I’m sure once they can, they’ll refund you. 

macman

Send an LBA before small claims, give them 14 days. That alone may make them realise you are not going to be fobbed off. Don't accept the view that they may not have the money: those who get refunded soonest will be the ones who apply the most pressure.
This company appears to accept card payments, so baffled as to why you used a bank transfer.
I presume this booking is accom only, no flights, so ATOL protection will not apply? Their only cover for non-flight bookings is with ABTOT, which covers you only in the event of their insolvency. 

SevenOfNine

There's an LBA here https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim.  I have seen simpler ones to follow but no links to hand.

As Macman says, those who push hardest have the most success, I simply don't understand those who wait, & wait, & wait. It does seem that an LBA can help a provider hand over the funds, but it's pointless if it's just an empty threat. Check out suitable MSE forums if you need help completing it.

If you proceed to claim stage, don't forget to add on the cost of issuing the claim, not just what you paid for the cottage. It can be done on-line here & you will have to register (free, so you can just check it out first), cost is related to size of claim, all so much simpler nowadays.
https://www.moneyclaim.gov.uk/web/mcol/welcome
PS Have just realised it may have to be done using the Scottish process, but plenty you can google plenty of info for that of info (I just did).

Be_Happy

Replies here seem to be missing the point that Brightwater is a package holiday business providing coach tours with accommodation.  As such it should be covered by the package holiday regulations requiring a cash refund if requested.  

My Scottish Holiday company did the same to me - sent a form for me to select either the same holiday at the same price next year or a credit note, refundable in cash in March 2021.  I refused both choices as they were not suitable and insisted on a cash refund under the regulations, which was then paid to me.  (By this time I had waited 3 months since holiday cancellation).

Only problem is see for you is that Brightwater is not ABTA protected.

SevenOfNine

Be_Happy said:

Only problem is see for you is that Brightwater is not ABTA protected.

The POINT being that OP has said she has refused the offer of a "credit slip", & in return has been refused a cash refund until next March, some 6+ months time.  We've all appreciated providers are struggling to find funds to refund, no-one anticipated the pandemic, BUT she is not a loan company.

The question being "is there anything else I can do".  I'm sure she would welcome any suggestions you might have, at the moment it's 'stalemate', unfortunately.

macman

The ABTOT protection offered by this company offers nothing unless Brightwater are in liquidation. Small claims process under Scottish law is the OP's only possible option.

rumpetroll

The only 2 choices you really have are to go after the money via small claims or to wait it out until March. If you did decide to wait then you are risking them either delaying even further or possibly even going in to liquidation, in which case you'll get nothing. I would send an LBA and then follow through with MCOL as others above have suggested.