Travel Trolley threat of legal action

lala4506

I booked flights to J’burg in Jan 2020, for travel in Nov 2020 with Etihad via Travel Trolley. The flights were cancelled so I asked for a refund, TT tried not to initially give me one, just a credit note, but I persevered and got it in writing from Etihad that I was indeed entitled to one. But obviously had to get it from TT.

TT barely responded to emails, didn’t want to know. Kept me hanging for ages but I kept contacting them, eventually they said they had processed it to my original payment card. Now that was a CC I know longer have (paid off the balance and closed it). Asked if they would pay to my current account as was closed they said they wouldn’t do it. Said if it bounced back they’d let me know or if anything I can get it back from the card issuer via a chargeback.

So I went to Halifax explained the situation (they said TT are notorious for not paying out), they managed to find my card details from before it was closed and saw the transaction of me paying for the flights on 11 Jan 2020 but couldn’t see the refund TT had claimed they paid on 30 December 2020. I was speaking to Halifax on 20 Jan, so that’s almost a month and it wasn’t showing. They said not to worry we’ll do a chargeback send you a cheque for what you’re owed and the matter will be closed.

Money received from Halifax. Thought that was it.

Sent a letter of complaint to TT to let them know how awful their service is, straight to the CEO, no response from him just one of his employees. Who said ‘actually we’ve paid you twice’. Claiming that because they sent the refund to my Halifax card (supposedly) that I received that and I received the chargeback from Halifax.

this isn’t true as I don’t have access to the card, so I haven’t received it twice. I’ve received money from Halifax I’ve never received the refund money from TT, I told them they’ll have to take it up with Halifax since you say you’ve paid them.

they are not threatening legal action as They’re claiming I received the money twice.

now I could speak to Halifax but really believe this isn’t my problem now and that TT should go to Halifax themselves. 

Do they have a leg to stand on from a legal viewpoint is my question? Or should I ignore it?

Pollycat

lala4506 said:

I booked flights to J’burg in Jan 2020, for travel in Nov 2020 with Etihad via Travel Trolley. The flights were cancelled so I asked for a refund, TT tried not to initially give me one, just a credit note, but I persevered and got it in writing from Etihad that I was indeed entitled to one. But obviously had to get it from TT.

TT barely responded to emails, didn’t want to know. Kept me hanging for ages but I kept contacting them, eventually they said they had processed it to my original payment card. Now that was a CC I know longer have (paid off the balance and closed it). Asked if they would pay to my current account as was closed they said they wouldn’t do it. Said if it bounced back they’d let me know or if anything I can get it back from the card issuer via a chargeback.

So I went to Halifax explained the situation (they said TT are notorious for not paying out), they managed to find my card details from before it was closed and saw the transaction of me paying for the flights on 11 Jan 2020 but couldn’t see the refund TT had claimed they paid on 30 December 2020. I was speaking to Halifax on 20 Jan, so that’s almost a month and it wasn’t showing. They said not to worry we’ll do a chargeback send you a cheque for what you’re owed and the matter will be closed.

Money received from Halifax. Thought that was it.

Sent a letter of complaint to TT to let them know how awful their service is, straight to the CEO, no response from him just one of his employees. Who said ‘actually we’ve paid you twice’. Claiming that because they sent the refund to my Halifax card (supposedly) that I received that and I received the chargeback from Halifax.

this isn’t true as I don’t have access to the card, so I haven’t received it twice. I’ve received money from Halifax I’ve never received the refund money from TT, I told them they’ll have to take it up with Halifax since you say you’ve paid them.

they are not threatening legal action as They’re claiming I received the money twice.

now I could speak to Halifax but really believe this isn’t my problem now and that TT should go to Halifax themselves. 

Do they have a leg to stand on from a legal viewpoint is my question? Or should I ignore it?

I guess you mean they are NOW threatening legal action, rather than not threatening...

I think it IS your problem as it is your money that they are claiming has been refunded twice.

They have not paid Halifax (even if the credit they claim was sent on 30/12 was actually sent). They are claiming that they have paid you.

It would be you they take legal action against, not Halifax.

Don't you have access to your old account that the original refund was allegedly credited to so you can check yourself if the credit was received?

I would go back to Halifax and ask if they can give you written confirmation that the credit was not received back to your original (now closed) account.

I would not ignore any threat of legal action, I would be proactive in trying to prove that I'm right and they are wrong.

Neruda

"they are not threatening legal action"

So what is the problem?

Pollycat

Neruda said:

"they are not threatening legal action"

So what is the problem?

I think it's a typo.

'now' instead of 'not'.

I referred to that at the beginning of my reply.

I think the title of the thread is clear.

Travel Trolley threat of legal action

So that ^^^^ is the problem.

Sandtree

lala4506 said:
So I went to Halifax explained the situation (they said TT are notorious for not paying out), they managed to find my card details from before it was closed and saw the transaction of me paying for the flights on 11 Jan 2020 but couldn’t see the refund TT had claimed they paid on 30 December 2020. I was speaking to Halifax on 20 Jan, so that’s almost a month and it wasn’t showing. They said not to worry we’ll do a chargeback send you a cheque for what you’re owed and the matter will be closed.

Money received from Halifax. Thought that was it.

Sent a letter of complaint to TT to let them know how awful their service is, straight to the CEO, no response from him just one of his employees. Who said ‘actually we’ve paid you twice’. Claiming that because they sent the refund to my Halifax card (supposedly) that I received that and I received the chargeback from Halifax.

this isn’t true as I don’t have access to the card, so I haven’t received it twice. I’ve received money from Halifax I’ve never received the refund money from TT, I told them they’ll have to take it up with Halifax since you say you’ve paid them.

they are not threatening legal action as They’re claiming I received the money twice.

now I could speak to Halifax but really believe this isn’t my problem now and that TT should go to Halifax themselves. 

Do they have a leg to stand on from a legal viewpoint is my question? Or should I ignore it?

It is common for refunds etc to go to closed accounts because anti-money laundering regulations/guidance strongly recommend that refunds should be given back to source.

If they have refunded it to your (former) Halifax account then you have received the money twice and so have undue enrichment which would be a legal basis for a claim against you. Your choices are to deal with the matter via Halifax and get them to check that the refund hasn't been received and if it was where the funds are now or you call their bluff and don't cry when you get a CCJ if they follow through with their threats.

The vendor would have no right to approach your bank and ask for their refund to be returned, random companies cannot just dip into your account at their will. 

PS. Its exceptionally uncommon for a CEO to even see a complaint addressed to them, recommendation to write to such people is made on the basis that the complaints are normally dealt with by more senior/empowered members of staff than your rank and file call centre complaint handler. As you've found though, its a double edge sword as they are not necessarily any more compassionate and their extra empowerment can be to your detriment i they decide the company is in the right.

michael1234

I'm sorry to hear that OP. Just incredible how a company can treat its customers.

You haven't made it clear who they are threatening legal action against but since the letter was sent to you presumably it was a claim against you.

If you are sure that after all your time and effort you finally secured one refund that should be the end of the matter as far as you are concerned. If they keep pestering you with demands for money you don't owe, perhaps you could try and secure a final statement from the Halifax that clearly shows your payment and the chargeback. Surely that would be enough evidence to prove you have not received more funds than you are entitled to.

Also search the net about harassment. That is a criminal offense even if you did owe the money but if you don't and they send more letters or phone calls or emails to you, you might have a claim against them for harassing you should you wish to go down that route.

I am not a solicitor and am not qualified to provide legal advice. These are just my thoughts which might be wrong.

Pollycat

michael1234 said:

I'm sorry to hear that OP. Just incredible how a company can treat its customers.

You haven't made it clear who they are threatening legal action against but since the letter was sent to you presumably it was a claim against you.

If you are sure that after all your time and effort you finally secured one refund that should be the end of the matter as far as you are concerned. If they keep pestering you with demands for money you don't owe, perhaps you could try and secure a final statement from the Halifax that clearly shows your payment and the chargeback. Surely that would be enough evidence to prove you have not received more funds than you are entitled to.

Also search the net about harassment. That is a criminal offense even if you did owe the money but if you don't and they send more letters or phone calls or emails to you, you might have a claim against them for harassing you should you wish to go down that route.

I am not a solicitor and am not qualified to provide legal advice. These are just my thoughts which might be wrong.

It sounds like the OP has been contacted once by TT to say they'll take legal action if the double refund is not refunded back to them.

That really doesn't sound like harassment.

I've taken your advice and searched the net.

I found this:

What doesn't count as harassment by a creditor

Not all action that a creditor takes can be called harassment. Creditors are allowed to take reasonable steps to get back the money you owe them. These include:

• sending reminders and demands for payment
• telephoning you to ask for payment
• calling at your home, as long as this is at a reasonable time of the day
• taking court action.

Source:

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/harassment-by-creditors/

At this point, we don't know whether the OP has been refunded twice or not.

TT think he/she has.

Halifax 'couldn’t see the refund TT had claimed they paid on 30 December 2020.'

I don't believe that financial institutions never make mistakes so I wouldn't take their answer as 100% accurate.

michael1234

At this point, we don't know whether the OP has been refunded twice or not.

If the OP has said they haven't been refunded twice I think we should assume that is the case. Otherwise what is the point of believing any of it or anything written here ?

If Southall Travel Ltd (Travel Trolley) are already pursing a third party for money they don't owe they have already shown very bad form. Yes so far harassment hasn't taken place from the information we know but given they have behaved so poorly (from the information given by the OP) it is something the OP should monitor very carefully.

Sandtree

michael1234 said:

At this point, we don't know whether the OP has been refunded twice or not.

If the OP has said they haven't been refunded twice I think we should assume that is the case. Otherwise what is the point of believing any of it or anything written here ?

The OP says they don't think they have but have closed the account the refund was sent to and so isnt monitoring the account etc hence they suggest its an issue for their bank and the vendor to deal with between themselves (which clearly it isnt)

Pollycat

michael1234 said:

If the OP has said they haven't been refunded twice I think we should assume that is the case. Otherwise what is the point of believing any of it or anything written here ?

If Southall Travel Ltd (Travel Trolley) are already pursing a third party for money they don't owe they have already shown very bad form. Yes so far harassment hasn't taken place from the information we know but given they have behaved so poorly (from the information given by the OP) it is something the OP should monitor very carefully.

Halifax have said:

lala4506 said:

 couldn’t see the refund TT had claimed they paid on 30 December 2020.

"couldn't see".

Now, to me, that doesn't sound definitive as I interpret words literally, although I appreciate it may sound that way to you.

Maybe the OP could clarify the exact words Halifax used.

If I was the OP, I would want Halifax to tell me that "No. We can confirm without any doubt or chance of mistake that TT did not refund your now closed credit card account from the 30th December 2020 to present date".

To be clear, I am not disputing what the OP is saying.

He/she believes what Halifax have told him.

I would - in the same circumstances facing a threat of legal action - want to be 100% sure that the credit that TT claim has been sent isn't languishing somewhere within Halifax.

Jumblebumble

lala4506 said:

I booked flights to J’burg in Jan 2020, for travel in Nov 2020 with Etihad via Travel Trolley. The flights were cancelled so I asked for a refund, TT tried not to initially give me one, just a credit note, but I persevered and got it in writing from Etihad that I was indeed entitled to one. But obviously had to get it from TT.

TT barely responded to emails, didn’t want to know. Kept me hanging for ages but I kept contacting them, eventually they said they had processed it to my original payment card. Now that was a CC I know longer have (paid off the balance and closed it). Asked if they would pay to my current account as was closed they said they wouldn’t do it. Said if it bounced back they’d let me know or if anything I can get it back from the card issuer via a chargeback.

So I went to Halifax explained the situation (they said TT are notorious for not paying out), they managed to find my card details from before it was closed and saw the transaction of me paying for the flights on 11 Jan 2020 but couldn’t see the refund TT had claimed they paid on 30 December 2020. I was speaking to Halifax on 20 Jan, so that’s almost a month and it wasn’t showing. They said not to worry we’ll do a chargeback send you a cheque for what you’re owed and the matter will be closed.

Money received from Halifax. Thought that was it.

Sent a letter of complaint to TT to let them know how awful their service is, straight to the CEO, no response from him just one of his employees. Who said ‘actually we’ve paid you twice’. Claiming that because they sent the refund to my Halifax card (supposedly) that I received that and I received the chargeback from Halifax.

this isn’t true as I don’t have access to the card, so I haven’t received it twice. I’ve received money from Halifax I’ve never received the refund money from TT, I told them they’ll have to take it up with Halifax since you say you’ve paid them.

they are not threatening legal action as They’re claiming I received the money twice.

now I could speak to Halifax but really believe this isn’t my problem now and that TT should go to Halifax themselves. 

Do they have a leg to stand on from a legal viewpoint is my question? Or should I ignore it?

I would stress that your understanding from your bank is that this refund transaction does not exist and invite Travel Trolley to prove it by suppling  confirmation from their bank ( not them, not them telling you what their bank told them but proper proof from the bank) that the transaction was actually made.
As Travel Trolley  have form for playing the fool as regards this case why would anyone with an ounce of common sense believe that they have not carried on doing so?
On the other hand your bank say the refund was not made