Holiday deposit

[LegalAdviceHols]

I booked and paid a low deposit for UK holiday (with Forest Holidays) and have rung up to cancel. They say I am still liable for the full 30% deposit. I have asked them to waive as a goodwell gesture but are saying no.

I only agreed to the terms verbally on the phone.

I know that I am probably in the wrong, but it just seems so greedy of them when they will definitely re-fill the booking.

If I cancel my credit card they won't be able to take the money, they said their finance people would be instructed, what would happen then? How far would they take it to re-coup c£600?

Thanks in advance

What's in the terms and conditions small print? It's not about them re selling the holiday they will have incurred admin charges/overhead in taking your booking which should be reimbursed or they may have to discount the holiday depending on how soon it is. Asking for "good will" is cheeky unless you've suffered an illness or bereavement or were miss sold it in some way

I know this isn't what you're asking, but did you discuss the possibility of the deposit going towards a different future booking?

When did you book ?
When was the holiday booked for?

Did you you agree the terms of deposit on the phone. They most likely record their calls and a verbal contract will still stand.

I booked the holiday end of Jan and asked to cancel it last week, it's for mid august. I''m happy to forgo the £75 or whatever it is we;ve already paid for admin fees. I just think 30% when it's still months away is a bit greedy.

I do know it's my own fault.

Good idea about asking if it can go towards a future holiday.

Thanks for the advice. Can anyone tell me what will happen if I don't pay it - what will the finance company actually do to make us pay it?

The most they could do is go through the small claims court to get a judgement against you. However it is a non consumer credit act debt and so if the debt totalled over £600 and you didn't come to an arrangement for the CCJ, they could then escalate it up to the High Court worst case scenario.

You are clearly liable for the deposit. If you don't pay, they are entitled to take legal action against you and get a CCJ, which will damage your credit record unless you pay up quickly and will mean you will be liable for court fees and interest in addition to the amount you already owe.

Is it possible to reschedule instead eg for the following year?

So the deposit is £600 but you’ve paid less than that as part of a low cost deposit incentive?

@prh47bridge

You are clearly liable for the deposit. If you don't pay, they are entitled to take legal action against you and get a CCJ, which will damage your credit record unless you pay up quickly and will mean you will be liable for court fees and interest in addition to the amount you already owe.

Thanks for this, how likely is it in practice that they will take legal action do you reckon?

My main aim now is to just hope for a credit note or to be able to rearrange it, I'll be fine with that.

Out of interest, (this is kind of intriguing now (!)) does the CCJ force you to make payment? How?

@CornishTiger

So the deposit is £600 but you’ve paid less than that as part of a low cost deposit incentive?

Correct.

1. PAYMENT

Standard deposit

If you make a Booking Request more than 12 weeks prior to the start date of your holiday, we will request a deposit (“Standard Deposit”) of £100 or 30% of the booking (whichever is greater) per cabin per short break / week, plus any fees due for Flexible Amendment or Breakage Protection at the point of booking. The due date for the balance of the full payment will be 12 weeks prior to the start date of your holiday. Please note that we may (but are not obliged to) contact you via the contact details you provide us with to remind you of the due date for payment of the balance.

If we do not receive the full payment from you by the due date, we reserve the right to cancel the booking and you will forfeit the total cost of any payments made to date.

Low deposit

During certain periods we may reduce the deposit amount at the point of the Booking Request to be lower than the Standard Deposit (“Low Deposit"). The due date for the balance of the full payment will be 12 weeks prior to the start date of your holiday. Please note that we may (but are not obliged to) contact you via the contact details you provide us with to remind you of the due date for payment of the balance.

The Low Deposit offer will only be available at certain times of the year (as stated on the website and promotional material) and is applicable to bookings at our absolute discretion.

It is important to note that if you cancel your Low Deposit booking or we do not receive full payment from you by the due date, you will forfeit the total cost of any payments made to date. Further, you will also be responsible to pay us the difference between the Low Deposit and the Standard Deposit, plus any associated fees and cancellation charges.

Gosh that seems like really unfair contract terms!

Believe me you don't want a CCJ. The way they can make you pay it is by sending bailiffs round.

Thanks for this, how likely is it in practice that they will take legal action do you reckon?

No idea. That depends on the company.

Out of interest, (this is kind of intriguing now (!)) does the CCJ force you to make payment? How?

A CCJ doesn't force you to make payment as such, but it goes on your credit record and may make it harder for you to get credit. If you don't pay, they can go back to court for enforcement, at which point the courts will send the bailiffs in. You will then be liable for the bailiff's fees in addition to the amount awarded in the CCJ.

@CornishTiger

Gosh that seems like really unfair contract terms!

I think so too.

Again, totally hypothetically as I totally can't be bothered with the hassle, but do you think Dept for Trading Standards or similar would be interested?

@prh47bridge

Thanks for this, how likely is it in practice that they will take legal action do you reckon?

No idea. That depends on the company.

Out of interest, (this is kind of intriguing now (!)) does the CCJ force you to make payment? How?

A CCJ doesn't force you to make payment as such, but it goes on your credit record and may make it harder for you to get credit. If you don't pay, they can go back to court for enforcement, at which point the courts will send the bailiffs in. You will then be liable for the bailiff's fees in addition to the amount awarded in the CCJ.

Thanks for the information, I appreciate it. It's quite fascinating. I'm, as clean as they come, no mortgage, pay of my credit card every month (could live without a credit card or credit ever again) and so the rebel in me half feels like pushing it with this one. I won't though.

@prh47bridge

Thanks for this, how likely is it in practice that they will take legal action do you reckon?

No idea. That depends on the company.

Out of interest, (this is kind of intriguing now (!)) does the CCJ force you to make payment? How?

A CCJ doesn't force you to make payment as such, but it goes on your credit record and may make it harder for you to get credit. If you don't pay, they can go back to court for enforcement, at which point the courts will send the bailiffs in. You will then be liable for the bailiff's fees in addition to the amount awarded in the CCJ.

My insurance broker advised me that a CCJ can affect insurance premiums - car house etc. I dont have one - like you - utterly clean credit history - but in dispute with an incompetent professional with a poor (consciously incompetent?) regulatory body (now resolved). But I do think from what you have posted their terms and conditions were clear.

CCJ affects your credit record and your ability to borrow.

You agreed to the terms so just pay it and cancel.

Again, totally hypothetically as I totally can't be bothered with the hassle, but do you think Dept for Trading Standards or similar would be interested?

It would be the trading standards people at their local council. However, guidance is that making a substantial deposit non-refundable regardless of the reasons for cancellation could be unfair, but a large deposit you lose if you change your mind is unlikely to be unfair. That is, after all, the whole point of a deposit. It shows you are serious about doing business and gives them security against you pulling out of the contract.

Good info here thank you. It was all a bit playing Devil’s advocate but I appreciate the straight talking so I don’t be be a dick and refuse to pay. It’s fine, we can afford it. With a bit of luck can wangle a re-book or credit note out of them.

Thanks all.

do you think Dept for Trading Standards or similar would be interested?

I doubt it - a deposit representing up to 50% of your booking isn't unreasonable for UK holidays, in that many companies have this policy. Policies also got stricter in the last couple of years after people booked UK holidays then changed their mind when travel restrictions were eased and cancelled to go overseas.

You knew the terms at the time of booking and agreed to them. The terms are absolutely to protect the company from people changing their mind, and I'd recommend travel insurance to cover for other eventualities, even for UK breaks, if you don't have a fully flexible holiday booked.

It does look as if you could move to a different date www.forestholidays.co.uk/terms-and-conditions/flexible-amendment/