holiday deposit with-held for no reason, small claims query please

ItWasMeantToBe

Hello, please can anyone advise with this situation: a couple of months ago, I booked a short break on my parents’ behalf (because they are tech-phobic, so I do the booking and they give me the money).

Part of it was a returnable ‘breakages deposit’. The holiday has now been over for more than a month and the deposit has not been returned. The mobile number and email address that worked perfectly before the holiday, now gets no response.

We haven’t heard from them to specify the breakages (because there weren’t any breakages!) either.

I’ve sent several messages saying please return it or contact me if there is a problem, no response.

Now I’ve dug around online and found I’m not the first person who they have done this exact same thing to.

I’ve also tried the travel platform, who, predictably, are not interested because legally they are not responsible. So it looks like its going to be small claims court.

 After a bit more research, I realise I need to be sure whether I am suing an individual or a company.

I paid the main holiday payment through a travel platform, no problems there.

I paid the returnable deposit by bank transfer directly to one of the individuals who owns the caravan in question. (I now know that was a mistake).

 

The owners are a couple and have had (many) other businesses as well.

Questions:

How to find out if a bank account is personal or business?

How to determine whether I’m suing an individual or a business?

user1977

Who were you contracting with according to whatever you signed up to? If the "travel platform" were acting as agents, they're liable if they don't tell you who their client is.

ItWasMeantToBe

thanks for reply.

so it was hotels.com. i do know the caravan owners names, as once i had paid hotels.com, i then dealt with the couple directly. 

TELLIT01

How much was the deposit?  It really shouldn't be relevant but you might end up throwing good money after bad in pursuing it.

ItWasMeantToBe

It was £200. I take your point, but that's a lot to us!

Also, I see that before small claims court, I have to send a 'letter before claim' i.e. a warning letter. Can this be sent by email? thanks.

sheramber

When you did the bank transfer did the bank do a  Confirmation of Payee?  

Did you state personal ro business account?

ItWasMeantToBe

i have a screenshot of the transfer from my banking app. it has just the name of one of the couple, doesn't have their business name on it.

Ectophile

If you paid an individual person, then you sue that person. 

In the long run, a CCJ against a person is a lot better than a CCJ against a company that may have no assets and be wound up at the drop of a hat.

ItWasMeantToBe

Ectophile said:

If you paid an individual person, then you sue that person. 

In the long run, a CCJ against a person is a lot better than a CCJ against a company that may have no assets and be wound up at the drop of a hat.

thanks. they do have their caravan registered for tax etc, so there is a company name: that is who i paid through hotels.com. But the deposit was just 'her name' into a bank account. So that's my confusion.

ItWasMeantToBe

I've prepared a 'letter before claim' using a template online. Can it be sent by email ?

user1977

By "company" do you mean a limited company, or just a trading name?