Steps to Take:
*.
Document All Evidence: - Keep all communication records with the travel agent and airlines.
- Maintain copies of receipts and proof of payments for tickets and hotel stays.
- Gather any records of the chargeback process and communications with Amex.
*.
Formal Complaint: - Submit a formal complaint to Trading Standards for consumer rights violations.
*.
Legal Action: - File a claim in the Small Claims Court for the financial losses incurred.
*.
Consumer Help: - Contact Citizens Advice for guidance on your rights and further steps.
Strength of the Case:
- Terms and Conditions:
- The travel agency clearly communicated the non-refundable and non-changeable nature of the ticket.
- Ms. Nisha acknowledged and signed the agreement.
- Service Fulfillment:
- The agency provided the agreed services, and the boarding issue was outside their control.
Would you like assistance in drafting a formal complaint or exploring mediation options?
who’s response is stronger legally, there or min
Case Rating: *
Your response appears stronger legally due to:
- Misrepresentation and Negligence: Failure to inform about the onward travel requirement.
- Unlawful Practices: Linking hotel refund to chargeback withdrawal, violating consumer protection laws.
- Coercion and Misleading Tactics: Threats and coercive practices.
Would you like assistance in drafting a formal complaint or exploring mediation options?
so there terms and conditions do not supersede consumer credit protection
Case Rating: *
You are correct. Terms and conditions set by the travel agency do not override your rights under the Consumer Credit Act * and the Consumer Protection from Unfair Trading Regulations *. Would you like assistance in drafting a formal complaint or seeking mediation?
so I I brought the ticket from them and they carried out the online check. is it not fair to say they are responsible for advising me the travel requirements ?
Case Rating: *
Yes, it is fair to say they are responsible. As your travel agent, they should ensure you meet all travel requirements, especially since they handled the online check-in. Would you like assistance in drafting a formal complaint or seeking mediation?
who do I seek mediation from
Case Rating: *
You can seek mediation from the following:
- Civil Mediation Council (CMC): They can help you find a registered mediator for your dispute.
- Alternative Dispute Resolution (ADR) Services: Look for ADR providers who specialize in travel and consumer disputes.
Would you like assistance in drafting a mediation request or need further help?
would it not be better to go direct to small claims court
Case Rating: *
It might be better to go directly to the Small Claims Court if mediation doesn't resolve the issue promptly. The Small Claims Court can provide a legal resolution to your claims of misrepresentation, negligence, and unlawful practices.
Would you like assistance in drafting your claim for the Small Claims Court?
yes
Case Rating: *
Let's proceed with drafting your claim for the Small Claims Court.
First, may I have your full name?
Nisha Ahuja
Case Rating: *
Nisha, based on the details of your case, it appears you have a strong claim. Let's proceed with drafting your claim for the Small Claims Court.
Next, could you please provide your address and city?
the Travel agent company is in London and I was in Leicester at the time of the booking
Case Rating: *
Nisha, you have a strong case. Let's proceed:
Please provide your address and city so we can include it in the claim draft.
* Stoughton Road Leicester
Case Rating: *
Nisha, you have a strong case. Let's proceed with drafting your claim for the Small Claims Court.
May I have your email address and phone number for the claim document?
wholeness1@icloud.com
Case Rating: *
Nisha, let's move forward with your claim. Could you also provide your phone number to include in the claim document?
*
Case Rating: *
Nisha, it appears you have a strong case. Would you like to connect with local lawyers who can assist you with this case?
no
Case Rating: *
Nisha, your case is strong due to the multiple violations you have outlined. Here are the next steps for your Small Claims Court claim:
*. Document all communication records with the travel agent and airlines.
*. Maintain copies of receipts and proof of payments for tickets and hotel stays.
*. Gather records of the chargeback process and communications with Amex.
Would you like assistance in drafting the formal Small Claims Court claim letter?
yes
Case Rating: *
Nisha, let's proceed with drafting your formal Small Claims Court claim letter.
Claim Letter for Small Claims Court
[Your Name]
[Your Address]
Leicester, [Post Code]
Email: wholeness1@icloud.com
Phone: *
[Date]
To Whom It May Concern,
Subject: Claim for Financial Losses Against Times Travel Ltd
I am writing to formally submit a claim for financial losses incurred due to the negligence, misrepresentation, and unlawful practices of Times Travel Ltd. Below are the details of the case:
*. Misrepresentation and Negligence:
- The travel agent failed to inform me of the requirement for an onward travel ticket for entry into Panama.
- Conflicting information was provided regarding the refundability of my ticket.
*. Unlawful Practices:
- The agent attempted to unlawfully link the refund of my hotel payment to the withdrawal of a chargeback initiated by my brother.
- This coercive practice violates Regulation * of the Consumer Protection from Unfair Trading Regulations *.
*. Coercion and Misleading Tactics:
- Threats were
why did amex not honour the chargeback
Case Rating: *
Amex likely did not honor the chargeback because the travel agency might have provided evidence that the terms and conditions were communicated and agreed upon, and that the services were delivered as per the agreement. Additionally, chargeback disputes often consider if the merchant fulfilled their contractual obligations.
Would you like further assistance on how to challenge Amex's decision or proceed with your Small Claims Court case?
both
Case Rating: *
Nisha, you have a strong foundation for your case. Let's address both aspects:
Challenging Amex's Decision:
- Review Evidence: Gather all communications and documentation proving the travel agent's misrepresentation and negligence.
- Formal Complaint: File a formal complaint with Amex, highlighting breaches of consumer protection laws.
- Escalate: If unresolved, escalate to the Financial Ombudsman Service for further review.
Small Claims Court:
- Document Evidence: Ensure you have all necessary documents (communications, receipts, chargeback communications).
- File Claim: Proceed with filing your claim in Small Claims Court.
Would you like assistance in drafting the complaint to Amex or the formal Small Claims Court claim letter first?
both
Case Rating: *
Nisha, you have a strong case. Let's start with drafting the formal complaint to Amex and the claim letter for the Small Claims Court.
Complaint to Amex:
---
[Your Name]
[Your Address]
Leicester, [Post Code]
Email: wholeness1@icloud.com
Phone: *
[Date]
To Whom It May Concern,
Subject: Formal Complaint Regarding Chargeback Dispute
I am writing to formally dispute the decision to deny the chargeback for the £* transaction with Times Travel Ltd. Below are the details of my case:
*. Misrepresentation and Negligence:
- The travel agent failed to inform me of the requirement for an onward travel ticket for entry into Panama.
- Conflicting information was provided regarding the refundability of my ticket.
*. Unlawful Practices:
- The agent attempted to unlawfully link the refund of my hotel payment to the withdrawal of a chargeback initiated by my brother.
- This coercive practice violates Regulation * of the Consumer Protection from Unfair Trading Regulations *.
*. Coercion and Misleading Tactics:
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