Cottages.com cancellation fee, threatened with collections and court

onashoestring

The T&Cs of their low deposit offer is clearly on the website 

“ The difference between the £50 low deposit and the standard deposit shown on website and/or in the Booking Conditions is payable with the balance payment, which we must receive no later than 10 weeks before your booking starts, or at the time of cancellation if you cancel your booking before the balance due date. This balance payment will include all applicable charges as detailed on your booking confirmation, for example any applicable booking fees. If payment is not received in full on time, we can treat your booking as cancelled by you for a non-refundable reason. If this happens, you will be responsible for the difference between the low deposit and the usual deposit, as well as any applicable booking fee and any cancellation charges which may apply (as set out in the Booking Conditions). 

This is why other posters advised that the full deposit was due. 

[Deleted User]

@onashoestring: What the website itself says is only a small part of the picture. You haven't addressed any potential consumer rights remedies.

I haven't looked at this in any detail, but for instance:

1. If the OP cancelled within 14 days of the order being made they may have a right to cancel and demand a refund of all monies paid pursuant to the Consumer Contract Regulations 2013 (unless one of the various exemptions apply, which I haven't checked).

2. Even if the OP doesn't have CCR cancellation rights, she can argue a range of rights under the Consumer Rights Act 2015, including that insufficient notice was given to the fact that by paying a deposit she was actually agreeing to pay a higher amount in the event of cancellation, and that the term requiring her to pay additional amounts in the event of cancelling is inherently unfair (what was the smaller deposit for?).

3. She can also argue that the booking company hasn't attempted to mitigate its own loss nor have they provided any calculation of why the additional amounts claimed are true losses for the business (and not just extra profit).

There are probably other arguments she can make (and that would depend on seeing the entire chain of communication and the website ordering screenshots).

OP - if you see this and are still having problems with the company, please respond further and I'll try to give some further steers. You have received incomplete (although I'm sure well meaning) advice from the other posters on this forum.

Also have a look at this if you're taking it forwards by yourself: https://www.which.co.uk/consumer-rights/advice/can-i-claim-back-a-non-refundable-deposit-aHwOj3S21AWP

onashoestring

Thanks @Deleted_User for the link to the Which? article which backs up what I said 

“ EXPERT VIEW 

Non-refundable Deposits

Nadina Hoeller from Which? Legal said: We’re all sometimes guilty of not doing so, but it can avoid any disputes arising in relation to non-refundable deposits if you check the retailer’s terms and conditions before buying any goods or services.

Terms and conditions can often be found on the retailer’s website. Where the terms and conditions say the deposit is non-refundable it can be difficult to argue against this. “

CKhalvashi

Deleted_User said:

@onashoestring: What the website itself says is only a small part of the picture. You haven't addressed any potential consumer rights remedies.

I haven't looked at this in any detail, but for instance:

1. If the OP cancelled within 14 days of the order being made they may have a right to cancel and demand a refund of all monies paid pursuant to the Consumer Contract Regulations 2013 (unless one of the various exemptions apply, which I haven't checked).

2. Even if the OP doesn't have CCR cancellation rights, she can argue a range of rights under the Consumer Rights Act 2015, including that insufficient notice was given to the fact that by paying a deposit she was actually agreeing to pay a higher amount in the event of cancellation, and that the term requiring her to pay additional amounts in the event of cancelling is inherently unfair (what was the smaller deposit for?).

3. She can also argue that the booking company hasn't attempted to mitigate its own loss nor have they provided any calculation of why the additional amounts claimed are true losses for the business (and not just extra profit).

There are probably other arguments she can make (and that would depend on seeing the entire chain of communication and the website ordering screenshots).

OP - if you see this and are still having problems with the company, please respond further and I'll try to give some further steers. You have received incomplete (although I'm sure well meaning) advice from the other posters on this forum.

Also have a look at this if you're taking it forwards by yourself: https://www.which.co.uk/consumer-rights/advice/can-i-claim-back-a-non-refundable-deposit-aHwOj3S21AWP

1) There's an exemption from the DSRs and CCRs for property rentals, with no minimum term specified in the legislation.

2) These will have been detailed in the terms and conditions, which OP has confirmed they have read when booking the accommodation.

3) Depending on who OP's contract is with (I suspect with the property owner with the agent acting for the owner only), there likely will be agency fees for that business still to pay, which OP will be liable for. These will typically be 15-20% of the booking.

In the case of anything to do with travel, there are many exemptions from standard legal rights to stop people booking cheap tickets and then cancelling without penalty, largely as pricing is very dynamic. It's a contractual matter between OP and the property owner.

mattyprice4004

Deleted_User said:

@onashoestring: What the website itself says is only a small part of the picture. You haven't addressed any potential consumer rights remedies.

I haven't looked at this in any detail, but for instance:

Clearly, as hardly any of that applies as pointed out above. 
If you're going to try and help it's probably best that you're familiar with the detail - as it makes all the difference.

OP, unfortunately this is one of those times you need to accept you've made a mistake and it's going to cost you - you'd be best settling before they sell the amount to a debt collector or try and enforce through the courts. 
If they do pursue the matter legally the chances are you'll have to pay the court filing / hearing fee too.