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What court do i use if i want to take a holiday firm to court for misrepresentation?
It relates to Thomsons, we booked our holiday with them and the villa we booked isn't the one we thought we booked. We checked over and over again on their website and the links we used all work and show the villa we thought we booked. They have sent me a single page document showing the villa we are getting claiming it's the one we booked. The link they sent isn't the link we booked our holiday through. I've downloaded, saved and printed pages to show them they are wrong however they will not budge and told us the to take it through a third party if we wanted as they were not going to change their minds. I've asked 3 other people to visit the site and they all agree that the villa Thomsons are trying to fob us off with is not mentioned anywhere on the links we used.
Thomsons have two versions of their site, however the two sites are different. We booked via one site and they are ignoring this.
We are not sure whether to go on holiday (in May) or cancel and sue them for misrep etc.
ABTA have no legal authority to order Thomson to pay you & probably wont want to get involved in individual disputes. Their job is getting you home if your holiday company goes bust - hence ABTA Bonded - a fund setup to pay for your repatriation.
ABTA have no legal authority to order Thomson to pay you & probably wont want to get involved in individual disputes. Their job is getting you home if your holiday company goes bust - hence ABTA Bonded - a fund setup to pay for your repatriation.
I had always believe ABTA would get involved, but there we go,
are you an employee of a travel company if so can you point the way for
tezzah to complain to another organisation.
Re: What court do i use if i want to take a holiday firm to court for misrepresentati
Originally Posted by old_andrew2007
I had always believe ABTA would get involved, but there we go,
are you an employee of a travel company if so can you point the way for
tezzah to complain to another organisation.
if so can you point the way for
tezzah to complain to another organisation.
A quasi-regulator has no authority to force a holiday company to give restitution, send a lba and use a legal channel. You will otherwise end up with lengthy and protracted correspondence. Knock it on the head.
Re: What court do i use if i want to take a holiday firm to court for misrepresentati
Thanks 1011001, that was my thought, i'll go through the courts however i'm not sure which court to go though. We want the court to order Thomsons to perform the contract, we are not after money, we just want the holiday we paid for.
Would the small claims court be the one to go through?
Re: What court do i use if i want to take a holiday firm to court for misrepresentati
The court is the small claims track, you can file your claim online https://www.moneyclaim.gov.uk/csmco2/index.jsp I think you need someone to do your litigation so I would suggest a visit to a CAB. But for now:
Write to Thomson under recorded delivery and tell them very clearly and precisely:
1. What they have done wrong - enclose printouts of websites showing their mistake.
Then
2. What you want them to do about it. Either a) put things right, or b) refund you according to a deadline.
and conclude your letter with
3. For the avoidance of doubt I will automatically file at court a claim for £XXXX with an application for costs if you do not provide me with the confirmed holiday as described or, refund me the sum paid being £XXXX no later than DATE.
Yours Sincerly
And if you get no joy with Thomson, stick it in the small claims track, a trial date is set and thus, sets a roadmap to a conclusion, good or bad.
Re: What court do i use if i want to take a holiday firm to court for misrepresentati
ABTA are a waste of time when it comes to sorting out complaints. You basically have to do it yourself and if necessary go to the Small Claims Court. Have a look at this that may be of some help.
Re: What court do i use if i want to take a holiday firm to court for misrepresentati
Right, today i gave them one more chance and threatened legal action if they fail to properly investigate my claim. I am stunned that they simply quote the website they use and treat that site as being the correct one regardless of the fact that the site i actually used for the booking is clearly different. Ho hum, let's see how this goes.
Re: What court do i use if i want to take a holiday firm to court for misrepresentati
I've included a notice that i will take legal action if they fail to investigate this matter. It really looks like they want this to either go away by continually stating that their website is correct (bearing in mind they are using/referring to a different one to the one we used) or they think we'll cancel which we won't. If this isn't sorted prior to the start of this holiday we will go however we will advise them that going on the holiday is not to be deemed as affirming the contract but that we are not in a position to change the holiday after booking it.
Re: What court do i use if i want to take a holiday firm to court for misrepresentati
Update:
I tried speaking to the person who has been writing to me. She left the company. I spoke to another person who basically told me to go away, tough, you'll have to go through a third party such as ABTA if you want to take this further. I've taken legal action via the small claims court, they have 5 days left to respond. They wasn't prepared to even consider what i was saying, never again will i use them.
Re: What court do i use if i want to take a holiday firm to court for misrepresentati
Update: Today i received a call from Thomson's solicitors. They have advised their client that they were wrong and we were right. They cannot give us the villa we wanted as they are booked out fully however they have compensated me (basically half the cost of the holiday) and my legal fees. This could have been avoided had they just listened.
I feel we could have argued and got the whole cost of the holiday refunded however we are not greedy nor were we in it for the money. I guess the money we get back can count towards our holiday and we still get the holiday we booked in the same resort etc.
What court do i use if i want to take a holiday firm to court for misrepresentation?
with them and the villa we booked isn't the one we thought we booked. We checked over and over again on their website and the links we used all work and show the villa we thought we booked. They have sent me a single page document showing the villa we are getting claiming it's the one we booked. The link they sent isn't the link we booked our holiday through. I've downloaded, saved and printed pages to show them they are wrong however they will not budge and told us the to take it through a third party if we wanted as they were not going to change their minds. I've asked 3 other people to visit the site and they all agree that the villa Thomsons are trying to fob us off with is not mentioned anywhere on the links we used.
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Originally Posted by 10110001
