Missed payment date by 6 hours....

[sharond101]

We changed our family holiday from this year to next year after paying the full balance. After rescheduling I added an extra week to the holiday as a surprise for dh birthday so we were leaving a week earlier. The payment date moved a week earlier and although it was on the invoice I was never made aware of it and woulnt have ever thought about it. Fast forward to now and I see the payment date approaching and ask for an updated invoice (part of our payment had been refunded to us as they were holding a large sum of our money and I didnt receive any updated invoice from that.) The reply was my holiday was cancelled as payment was due the previous day and that I would lose my deposit and admin fees. I sent the enquiry email at 6am, 6 hours passed the deadline and the holiday is apparantly automatically cancelled.
We have used the company before and have recommended them to lots of people on and offline. We have always felt valued (they aren't one of the big companies like Virgin or Tui). The Managee has been really abrupt and heartless with no compassion. I feel cheated and although they have proposed to retain part of our deposit (£450) to use on another holiday in the future we will lose £550.

I am so angry with myself for not realising the date would change and with them for being so cold. They are entirely within their terms and conditions so nothing is illegal but it just seems so insensitive.

The travel industry is on it's knees, there is no room for goodwill after a year of no travel. The OP made a mistake, the company did as it said it would in its terms and conditions. Why on earth should they be massacred on social media for her tardiness? I always pay the balance a couple of weeks to a month early to allow for payment card problems, system issues etc.

I would think it obvious that if I moved my holiday so it started a week earlier that my original balance due date would also move a week earlier.

That said, I have always received reminders 7-10 days ahead when I have had a final balance due. Also most places do not immediately cancel, I have from time to time deliberately let booked holidays lapse as we can no longer go, and they usually get in contact and provide another 48 hours for payments. So I think this TA is being awkward and is possibly thinking the holiday might have to be cancelled (by them) anyway, so it taking advantage, this way they get money for nothing.

Legally though, I don’t think there is anything you can do sadly. I would write it off a day vow never to use them again and warn my friends and family not to. This kind of thing puts me off using TAs.

I know they technically are within their rights because it was in the ts & cs... but haven’t they shot themselves in the foot?
Surely no guarantee someone else will book that holiday especially with all the uncertainty? And I’m pretty sure it would still have been available 6 hours after the deadline.

The thing is, they're probably thinking you're trying to drag it out and give yourself longer to pay or not pay at their expense. Its very coincidental that you emailed them the day after you were meant to pay.

And you do know the outstanding amount, surely, it's the outstanding amount on the new invoice plus whatever they gave you back afterwards. It's not hard maths is it?

How did you pay OP? If it was by credit card, your provider may be able to help?

Given the OP moved the date forward, checking when to pay should have been one of the things to do. It is not unusual to make a final payment a given time period in advance.

Other than never using them again I don't think there is much you can do.

No properly updated invoice, potentially unfair terms and conditions, retaining more than is necessary - legally they are on thin ground. Draft a strong email to them outlining this and if it doesn't work go on social media.

If they terminate the contract and keep your deposit on the basis of you paying 6 hours late, this is very likely to constitute an unfair term under the Consumer Rights Act 2015. The business is only entitled to keep an amount sufficient to cover their actual losses or loss of profit. Since you paid 6 hours later, that amount would probably be nil since they wouldn't have lost anything through your late payment.

Contact the business and point out that their contractual terms are in breach of the CRA 2015. If they ignore you, contact Citizens Advice or report to Trading Standards. Let the business know that you will be doing this.

How did you pay? Are you able to do a chargeback on a credit card?

They sound dodgy OP.

Name and shame them OP. Mistakes happen and 6 hours is nothing

@ElizaLaLa

Take it to Twitter. I bet they backtrack then.

This. It’s outrageous.

Why is this the companies fault, the Op never paid on time, 6 hours or 6 days make no difference. All this naming and shaming nonsense.

@Hont1986

How did you pay? Are you able to do a chargeback on a credit card?

They only accept bank transfer

You were late so they are within their rights to cancel and give the place to someone else but it seems unlikely they would have done that between midnight - 6 am. I am wondering whether the deadline was midnight but even if it was close of business then they shouldn't have done anything overnight.

It does sound like they may be being deliberately difficult.

All you can really do is name and shame

Is the £450 worth it when it’s contingent on you using them again after they have treated you like this, and whilst they insist on keeping the £550 regardless? Sometimes it’s about the principal rather than money when you’ve been mugged off

@MessAllOver

If they terminate the contract and keep your deposit on the basis of you paying 6 hours late, this is very likely to constitute an unfair term under the Consumer Rights Act 2015. The business is only entitled to keep an amount sufficient to cover their actual losses or loss of profit. Since you paid 6 hours later, that amount would probably be nil since they wouldn't have lost anything through your late payment.

Contact the business and point out that their contractual terms are in breach of the CRA 2015. If they ignore you, contact Citizens Advice or report to Trading Standards. Let the business know that you will be doing this.

Excellent advice thank you.

@maddiemookins16mum

Why is this the companies fault, the Op never paid on time, 6 hours or 6 days make no difference. All this naming and shaming nonsense.

Well, my thoughts are that they stipulate they would send a reminder email, rather than immediately cancel everything, but they did not. Under the circumstances with the change of date, they should be more lenient here as they didn’t inform the customer the due date would be changed themselves.

It seems like a simple mistake anyone could make during the pandemic, so regardless of fault, it’s worth other people being aware of what the company is like so they can make an informed decision. Some might ignore it and blame OP like you, but others might be more understanding of OP’s circumstances

If you've got a mate with the front to do it, get them to phone up and ask for their press office (they may well not have one if they're a small company, so said friend could end up speaking to the MD themselves if it's a small firm), and pretend to be a freelance consumer affairs journalist doing a story on pandemic-related holiday issues.

Then they say they've been approached by @sharond101, who has told them that she's lost £X just for being a few hours late paying revised invoice, despite the fact that the company hadn't drawn the new date to their attention.

I first did this with 2 insurance companies who made it really difficult for 2 friends to get flood claims paid, and it worked a treat. I then did it for another mate who was having a complete mare of a saga with an energy company.

No company wants to end up being the villain on a consumer show or in the pages of the DM over a few hundred quid.

@LakieLady

If you've got a mate with the front to do it, get them to phone up and ask for their press office (they may well not have one if they're a small company, so said friend could end up speaking to the MD themselves if it's a small firm), and pretend to be a freelance consumer affairs journalist doing a story on pandemic-related holiday issues.

Then they say they've been approached by @sharond101, who has told them that she's lost £X just for being a few hours late paying revised invoice, despite the fact that the company hadn't drawn the new date to their attention.

I first did this with 2 insurance companies who made it really difficult for 2 friends to get flood claims paid, and it worked a treat. I then did it for another mate who was having a complete mare of a saga with an energy company.

No company wants to end up being the villain on a consumer show or in the pages of the DM over a few hundred quid.

This is great but dont think I'd have the guts!

@LakieLady that works? I doubt most companies would bat an eyelid at a “freelance consumer affairs journalist”. That could literally be a random on Instagram with 10 followers, no influence and no traction. There’s no implicit expectation that the caller has access to mainstream media such as the daily mail or bbc watch dogs.

Rules is rules