Thomas Cook Compensation advise

[forrester]

Hi,
Looking for some advice regarding a on-going claim against Thomas Cook.
Basically it’s a very long story but I will try to condense it.
Since early may we have been in a dispute with TC regarding compensatiom on a holiday they messed up.
They made us an inital offer of £145 which we refused. They have recently offered another £500 making a grand total of £645.
The minimum amount of compensation we initially asked for was £1329. (total cost of the holiday plus out of pocket expenses).
It as took us over 3 months to reach an offer that is half what we wanted.
Do we dig our heels in and take it all the way?...or will it mean going through courts which is going to take more money and time?...i want to carry on but feel like 50% of costs is probably not too bad…as anyone any ideas approx how much money and time a small claim would take?...as anyone been down this road and come out of it happy?
Thanks

[barracad]

Impossible to comment on without knowing what the complaint is regarding.

[forrester]

I take your point
Think i was trying to find out if anyone had gone down the small claim route with a holiday company and try to find out what time scale and costs were involved.

Anyway, for anyone who is intrested here's a copy of initial letter of complaint:


We would like to make our complaint about the above booking reference number. This
holiday was booked in February 2008 and was for 7 nights stay (10.05.08 - 17.05.0 for 2adults in the Club Praia Da Oura in the Algarve. The total cost of the holiday was £940.80.On Friday 09.05.08 we left our home at 4.30pm to stay with friends who live close to Manchester Airport which was were our flight was from.We flew into Faro on 10.05.08, as scheduled, to be met by a Thomas Cook rep for coach transfer to our accommodation. It was at this point that we were told that there had been an"over booking" and we could not stay at the Club Praia Da Oura but we would now be stayingat the Cerro Malpique. We were shocked to say the least and explained to the rep that we had not booked an "accommodation on arrival" so therefore felt that this treatment was unfairand unreasonable. The rep advised us to go to the accommodation and a supervisor wouldvisit us that day at 5pm. This we did. The "Cerro Malpique" was barely open and there was a total lack of facilities that we had paid for.At 5pm the Thomas Cook Supervisor (a lady called Kim) arrived to speak to us. She admittedthat this was a Thomas Cook error and she was apologetic. She told us that she was "not goingto insult our intelligence and tell us that the Cerro Malpique was of the same standard as theClub Praia Da Oura as it clearly was not, it was totally substandard but they had nothing elsethat they could offer us".We were totally devastated by this, we had paid a lot of money for 1 weeks holiday in accommodation that was situated on the beach at the the bottom of the "strip" in the Praia DaOura Resort in the Algarve. On arrival in Portugal we were put in a hotel that was in a different resort - The Old Town in Alberfura - it was a good 15 minute walk to a beach and the hotel was situated at the top of a steep hill in the middle of a residential area.The Cerro Malpique had no bars or anywhere that we could get snacks, it had no restaurantand offered no activities or entertainment. All of these facilities were offered at the ClubPraia Da Oura which is what we paid for.We asked Kim if we could fly home and she told us that there were no flights available.The next time that we met Kim was on the Tuesday when she brought a customer servicesform to complete and leave at reception for her to collect, check and sign before giving us acopy. She had also completed a report of which she would also leave us a copy. We completedthe form and left it at reception.On the Wednesday 14.05.08 we finally decided enough is enough, the accommodation that wehad been put in had such a detrimental effect on our holiday that it meant that it was "not fitfor the purpose for which it was purchased". We wanted a relaxing holiday on the beach and we had not got that. We arranged our own flights home, the soonest being the Monarch flight at7pm that night so we booked it at a cost of 426,88€ ( £350.85 debited our account) we took ataxi to the airport at a cost of 40,45€ (approx £32.24).On the morning of Wednesday 14.05.08 we telephoned a Thomas cook number that thehotel manager gave to us which was 289 890 260 and spoke to a lady called Marlene. We explained the situation and requested that the copies of the customer services forms were brought to us before we left the resort. We told her that we were being picked up at 3pm. By 2pmnobody had brought the forms and nobody had contacted us. We telephoned again to be told thatMarlene was out until 2.30pm and that Kim was off on that day. They would have to try and track the forms and get them to us. They took our room number and said they would phone usback. At 3pm when our taxi arrived we had received no phone call and nobody had brought the forms. We left without them and to our knowledge they are still in the Algarve.We would record that the hotel manager was most helpful and sympathetic to our cause. He offered us more help and assistance than anyone. He even gave us a brief guide to "gettingaround the resort" which was a big help as Thomas Cook reps dumped us at the hotel withno welcome package and no "whats on welcome meeting". Kim did give us a mobile numberwhich was unobtainable when we tried it.We feel that we have been let down drastically by Thomas Cook. Not only having been dumpedin an inadequate accommodation in a different resort but the day of arrival being the first weknew of it. Had we been informed before departing Britain we would have requested that ourholiday be changed to a different date when the Club Praia Da Oura was available.We would respectfully request that you acknowledge receipt of this complaint and confirm ASAPwhen we can expect to receive recompense. We would note that the minimum that we are willing to accept by way of a refund is £1,323.89. This is made up as follows :-Full refund of holiday (which had to be cut short by 3 nights) cost £940.80Full refund of flights home 426,88€£350.85Full refund of taxi to Faro Airport 40,45€£32.24£1,323.89We would also consider accepting any amount of compensation that you feel appropriate aftercausing your paying customer so much stress and anguish.We would also record that on returning to our home in the UK we had a message on our answer phone from Thomas Cook informing us of this change and this was received at 16.55pmon Friday 09.05.08 i.e. after we had left our home for our holiday.We are sending this letter by email to customer.relations@thomas cook.comand will also post by registered post to your address in Bradford.

[dietrichate]

Hi there,

How did you get on with your claim?

I am interested as I have a similar one beginning at the moment where due to their error, we were not allowed to go on our hol and got less than one weeks notice. I hope your was compensated satisfactorily

D

[forrester]

Hi,
sorry to hear about your problems

no joy with our claim.....the 2nd offer we go was for £500 but it was not even half the amount thet we paid for the oriiginal holiday...we did say in our last correspondence that we would just accept the costs we paid back without any compensation but we havent even got a reply to this so we have no option but to go to court...the lack of comunicatiom from TC is staggering....its is almost impossible to speak or get a responce from anyone...i will let you know how things pan out.

what stage are you at with your cllaim?...
good luck with it btw..

T

[Bluefairy]

Its unlikley you wil get the full cost of your holiday. Approx 60% of the hol costs are attributable to the flights -no flight problems, no comp for this element.

You are probably likley to get a proportion of 40% of your accom costs being the accom element. However, you are obliged to mitigate your losses and it may be considered unreasonable to curtail you holiday

You would have done better sitting it out and claiming for the difference in standard and valuenof the holidays on your return.

Hope this helps

[fluffy25]

Originally Posted by Bluefairy

Its unlikley you wil get the full cost of your holiday. Approx 60% of the hol costs are attributable to the flights -no flight problems, no comp for this element.

You are probably likley to get a proportion of 40% of your accom costs being the accom element. However, you are obliged to mitigate your losses and it may be considered unreasonable to curtail you holiday

You would have done better sitting it out and claiming for the difference in standard and valuenof the holidays on your return.

Hope this helps

Yes but the flight in this case is a means to an end and not part of the enjoyment of a holiday, if the end product did not do 'as it says on the tin' you have a case for 100% refund of the holiday cost and expenses. I had a similar claim against thomson and they tried the flight thing (cost 50%), I started a money claim online and within 2 weeks i had a call from there solicitor making me an offer of 90% in full and final settlement which I took. They wont fight court claims as it cost them £1000's and is never worth there while. I would go all the way with this, it will cost you £110 to start a claim and this is again recoverable if you do it online at MCOL you can track the progress.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[forrester]

Originally Posted by fluffy25

Yes but the flight in this case is a means to an end and not part of the enjoyment of a holiday, if the end product did not do 'as it says on the tin' you have a case for 100% refund of the holiday cost and expenses. I had a similar claim against thomson and they tried the flight thing (cost 50%), I started a money claim online and within 2 weeks i had a call from there solicitor making me an offer of 90% in full and final settlement which I took. They wont fight court claims as it cost them £1000's and is never worth there while. I would go all the way with this, it will cost you £110 to start a claim and this is again recoverable if you do it online at MCOL you can track the progress.

Thats a bit ironic because today (02.DEC) we had a call from TC offering us approx 90% of the total claim back.
As soon as we start court proceedings we get a satisfactory offer. My advise to anyone who is unfortunatly in a similar postion is to start court proceedings asap...the sooner you do the sooner things will move on.
thanks to everyone for thier advise and help.

[fluffy25]

Oh I am glad, after Thomson 2 years ago we have just had another disaster on a Thomas Cook holiday so followed the same route as I advised you. But I have today had a letter from the court saying they intend to defend the whole claim!!! Knightmare, but I am glad it worked out for you, lets hope even after this letter they still make me an offer.

[forrester]

Originally Posted by fluffy25

Oh I am glad, after Thomson 2 years ago we have just had another disaster on a Thomas Cook holiday so followed the same route as I advised you. But I have today had a letter from the court saying they intend to defend the whole claim!!! Knightmare, but I am glad it worked out for you, lets hope even after this letter they still make me an offer.

I got the same letter then a phone call the week after with the offer of the settlement...it may be a standard reply to court claims...like you say it really isnt worth it for them to go to court...ill keep my fingers crossed for you.

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

[fluffy25]

Originally Posted by forrester

I got the same letter then a phone call the week after with the offer of the settlement...it may be a standard reply to court claims...like you say it really isnt worth it for them to go to court...ill keep my fingers crossed for you.

Thanks you soooo much (i was hoping you where going to say you had the same letter), I am prepared to go to court but just panic a bit.

[Oiler]

I have been reading your posts with interest, I am about to start a (moneyclain online) against James Villa Holidays.
Does anybody know the correct proceedure for this. What I mean is that once I issue a county court summons for a certain amount, can James Villas then call me and still make an offer?

I am waiting with baited breath, and will post all that goes on with details of any results.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[fluffy25]

Originally Posted by Oiler

I have been reading your posts with interest, I am about to start a (moneyclain online) against James Villa Holidays.
Does anybody know the correct proceedure for this. What I mean is that once I issue a county court summons for a certain amount, can James Villas then call me and still make an offer?

I am waiting with baited breath, and will post all that goes on with details of any results.

Hi, not logged on her for a while so sorry it's taken a while for response.

They can make you an offer at any time even the day b4 a court case! just bear in mind that they will make u a low offer to start to see how serious you are, dont take any less than 60-70% imo. Hope this helps

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.