I'm meant to be helping with this today but am out of my depth now as friend wants to escalate a complaint, any responses welcome, sorry for length!
A friend asked me for help when a service she had booked was not as described (don't want to be too specific as I don't think she'd like me posting but, as it's not been resolved I'm feeling a bit out of my depth). The service was booked through a third party website but the content/price was controlled by the service provider. To get the service she wanted (after booking she queried why, despite the booking page stating X, X was not listed on the confirmation) the provider asked her for a top-up that took her above her budget. My friend now wants her deposit back.
My friend asked me to help her draft two emails (one to the 3rd party site, one to the provider) as her first language isn't English. I advised her to send emails (rather than call) in case anything went wrong.
- The provider is being belligerent and, in the first instance, denied that they had any responsibility for the content of the third party website. They have not responded to an email that contained evidence that they are responsible for the content and, over the phone (before my friend spoke to me) insisted they could not repay the deposit as they had not received any money.
- 3rd party site say they provide the website only. All content and deposits are the responsibility of the service providers. They were friendly and helpful so we have no reason to disbelieve this (is mostly stated in their T&Cs).
- Deposit is not non-refundable but the responsibility of the provider to negotiate its release.
- Her bank statements say that payment is to the provider individually not (as they claimed) the third party. Friend paid with a credit card.
- Friend is arguing false advertisement as that now extends to websites/Internet services. She has a copy of the original booking page where it states X is part of that product.
I was the one who told her false advertising on the Internet is now covered by the ASA and I drafted the emails (nothing OTT, just normal complaint emails asking for refund). She now wants me to draft an email threatening legal action unless she gets her money back as she has paid for the product with another provider now (time sensitive). It is also making her extremely cross that the top-up asked for was in excess of the full amount required on the provider's personal and third party websites: once the alternative was offered she was able to ID it on both sites and it costs £16 less than this person was asking for as a top-up to secure it.
I would really like some advice please about what she should do next as legal action (IMO) is too much but a) it's a lot of money and b) the provider, having been quick to respond previously, is clearly ignoring it and hoping it will go away. I don't want to help her draft an email threatening legal action if it will ultimately be worse off for her (not least because I've never threatened legal action and don't have the fainted clue now what I am doing!). I have written successful complaint letters, so I helped in the first instance, but am lost now.
Huge thanks if you've got to the bottom of this :)