Villa Owner threatening action over reclaimed deposit

pbartlett

The villa owner is surely more likely to contest the chargeback (or S75) in the first instance, rather than go to court?

Jenni_D

We need a proper timeline of events (what happened on what dates - bullet list) to be able to understand this fully. Also need to know the location (country) of the villa.

If the villa owner believes they have a case then they can raise court action - where they raise it will depend on geographies. If the villa owner is a UK citizen (even though the villa is overseas) they can probably easily raise an MCOL claim, and subsequent enforcement will be easy should they win; if the villa owner lives overseas then their court and enforcement options become more difficult - they could raise a claim in their local court but may find it difficult to enforce against an overseas defendant.

MattMattMattUK

The reality is you were not eligible for a refund of the non-refundable deposit based on the circumstances you have described. The question is are they able to enforce the debt from abroad. The answer is yes, but they may decide it is not worth the effort, however they may also decide that it is. 

born_again

pbartlett said:

The villa owner is surely more likely to contest the chargeback (or S75) in the first instance, rather than go to court?

So long as they know how too.
Many small companies or individuals do not know that they can contest a chargeback.
S75 is not contestable by a retailer as they are never involved or even know the OP had been refunded.

As to the other point on claiming the money back via the courts. It would have to be in the UK to enforce. But they might be able to do something in their country that sets like a judgement against you and should you visit the country it becomes enforceable. So should you turn up in the country, you would be going no where till it was settled. (who knows)

Jumblebumble

born_again said:

pbartlett said:

The villa owner is surely more likely to contest the chargeback (or S75) in the first instance, rather than go to court?

So long as they know how too.
Many small companies or individuals do not know that they can contest a chargeback.
S75 is not contestable by a retailer as they are never involved or even know the OP had been refunded.

As to the other point on claiming the money back via the courts. It would have to be in the UK to enforce. But they might be able to do something in their country that sets like a judgement against you and should you visit the country it becomes enforceable. So should you turn up in the country, you would be going no where till it was settled. (who knows)

Can you advise in which country you think it is possible  that  the police/border officials might try and enforce civil judgements?

MH1927

The UAE and other middle eastern countries debt is considered a criminal matter, not civil.

Manxman_in_exile

Jumblebumble said:

born_again said:

pbartlett said:

The villa owner is surely more likely to contest the chargeback (or S75) in the first instance, rather than go to court?

So long as they know how too.
Many small companies or individuals do not know that they can contest a chargeback.
S75 is not contestable by a retailer as they are never involved or even know the OP had been refunded.

As to the other point on claiming the money back via the courts. It would have to be in the UK to enforce. But they might be able to do something in their country that sets like a judgement against you and should you visit the country it becomes enforceable. So should you turn up in the country, you would be going no where till it was settled. (who knows)

Can you advise in which country you think it is possible  that  the police/border officials might try and enforce civil judgements?

As MH1927 has pointed out, I'm not sure all countries in the world draw the same distinction between civil and criminal matters as we do - and neither are all countries as nice as we are.

(eg if the villa was owned by Vladimir Putin, I wouldn't want to be visiting a holiday resort like Sochi anytime soon...    )

born_again

Jumblebumble said:

b

Can you advise in which country you think it is possible  that  the police/border officials might try and enforce civil judgements?

As I said it (Who Knows)....

In many countries as @MH1927 pointed out. 
A debt is not a civil matter, but a criminal one.

https://forums.moneysavingexpert.com/discussion/6248805/repaying-dubai-debt-to-return#latest