Holiday issue with payment

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Hi looking for some advice not sure this is the right fourm..



Brief description

I went on a TUI holiday on the 4th September for 7 days I lost a day due to hurricane Dorian. I received two payment from tui on the 9th September each for £355 with no explanation of letter I presumed this was compensation for losing a day of my holiday one for myself and one for my wife. I never asked for a refund.

On the 13th September I booked another holiday for Sep 2020 and paid my £500 deposit, I then made another payment on the 24th October for £500. I then checked the balance of this holiday and it said £355 refund after a few hours on the phone tui informed we they have taken the money £355 as they made a mistake on the refund on the 9th of September. They never informed me of a mistake and they have taken money from my new booking.

My question is can they do this without informing me and if this legal?


Thanks for any advice
Phil
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Comments

  • bradders1983
    bradders1983 Posts: 5,684 Forumite
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    If they sent you the payment twice by mistake, then yes, the alternative would have been TUI taking you through collections to get it back which would have cost you more had you not paid it back.
  • philipj
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    Hi


    Thanks for the comments but



    If tui had contacted me with why they paid the amount in the first place or 2 they had made a mistake I would have happily paid them. but instead no communication and they just took the money from a new booking that surely not be allowed.


    how do i know that they might just say the other £355 was a mistake and just take that it makes no sense to me..

    To me it's like me saying now that the £355 you gave me was not enough i want 50k and free holiday for life im sure they would tell me where to go extreme but I hope you get my point [FONT=&quot]😊[/FONT]
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
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    But even if they hadnt done this, its still the case they have clearly paid you £355 in error and you would have to give it back, so it doesnt really change the situation does it?
  • philipj
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    I would agree if they had sent me something saying this was a amount for a refund or sent me something saying that this was sent by mistake, so im not sure if the payment should or should not have been made as compensation for losing a day of my holiday....

    If I owe money to a company they can request payment but do they just have the right to take it from this booking with no communication and nothing in writing.
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
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    I would say so yes. If my mortgage company paid me £200 in error they would add it back onto my account. You dont have a leg to stand on here really, they paid you in error and technically you have given it back by giving them more money.
  • maman
    maman Posts: 28,588 Forumite
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    I agree that it makes no difference to the bottom line but it seems a very strange way of accounting and even worse customer service (as in no communications or explanations until requested by customer). it wouldn't endear me to giving my custom to TUI.
  • philipj
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    If i could cancel I would but they would take my 500 deposit. I have booked many holidays with TUI over the years but this will be the last time I use them as their customers service is an absolute joke. to just take money from me with no communication and no explanation. the only thing I can say is customers beware.
  • CM66
    CM66 Posts: 602 Forumite
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    I think they are being unreasonable.... how are you to know the £355 was a mistake and i certainly don't think they should be able to offset it against your holiday monies already paid


    I wouldn't be happy about it either, that being said not sure legally what you can do.
  • System
    System Posts: 178,094 Community Admin
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    Are you saying that they simply credited and debited their own systems for these values or they debited your directly (Card / Bank account debit) on each occasion.

    It's not very clear.
  • Ganga
    Ganga Posts: 4,157 Forumite
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    philipj wrote: »
    If i could cancel I would but they would take my 500 deposit. I have booked many holidays with TUI over the years but this will be the last time I use them as their customers service is an absolute joke. to just take money from me with no communication and no explanation. the only thing I can say is customers beware.

    But you did not shout and stamp when they paid you twice even if one was in error!:rotfl:
    ITS NOT EASY TO GET EVERYTHING WRONG ,I HAVE TO WORK HARD TO DO IT!
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