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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Abandoned... Nightmare package from OnTheBeach, what can I do?


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Hi All,

 

Im typing this still very annoyed...

 

Booked a last minute deal (after saving all year) with OnTheBeach, they told me it was a 5* All Inclusive family friendly resort in Turkey. I booked all services from OnTheBeach directly and they kindly re-assured me on phone it was a package holiday and would be protected!

They booked as the package:

1. Flights with Holidays4U.com

2. Transfers to resort with Transfers4u (part of above company)

3. Hotel appeared to booked through OnHolidayGroup (thats who got pulled into com

 

The hotel element was also not bargin basement either it was on the day mid-high priced resort (Whole package cost me £1400)

 

The day before going I found a single thread on Trip Advisior discussing the place, how it was not for english speaking people as staff had little grasp of english, apart from the manager who was about average speaking, food was poor, and resort left a lot to be desired more like 2* not 5* ( http://www.onthebeach.co.uk/popups/hotels/38865?result_id=100207445610002 ) ... I instantly contacted OnTheBeach, they stated these things where unregulated, they never had any complaints about the resort, and if I had any get in touch!

 

I thought I would trust them and went to it.

 

I arrived at resort 7am next day, buffet breakfast not until 8am so checked in and walked around. From our quick walk, we seen all facilies for kids and it wasnt good

Mini-golf - was made of concrete and metal (metal rusted, ripped, standing approx 1ft high) and holes where full of weeds

Basketball court was down very steep steps no rails with cables hanging from walls

Pool fixtures (tiles, wooden walkways, bridges etc) badly damaged in big sections, dangerous for kids.

Table tennis table inaccessible as wooden steps broken

Pool toilets out of bounds with wasp/hornet nests, broken tiles etc, cables hanging in toilets

Kids park (couple of small old frames) bad condition and broken

Bars in poor condition

Room, Bathroom smelly, not enough bedding, bathroom sink leaking, holes with exposed light cables easy reach

Mains box exposed outside door easy reach

Rubbish laying around

Dump out back

Food poor

Staff didn't speak much English

 

So I followed procedure and spoke to manager, then spoke to rep. from OHG (OnHolidayGroup), then phoned UK and spoke to OTB (OnTheBeach), they tried a have quick look for other places to transfer me and sort us out after I told them I was mis-sold package holiday (and they also started telling me it wasnt a package!!?)

My understanding would be though surely as they booked the 3 elements under one order, then surely they provided me with a package??

but after 4hrs and £90.00 of mobile credit they offered to transfer me to another 5* AI (All Inclusive) for extra £1000 p/w money I didnt have... I managed to get extra money from family and phoned back at 4pm to OTB guy was dealing with when home early and no-one would touch the case, essentially telling me try again tomorrow... At this stage kids hadn't eatten in 24hrs nor wife who was diabetic (breakfast was lettuce and museali and tomatoes and stale bread etc). Everyone want to go home, and as I really couldnt have stayed there and no-one seemed to care enough, I worked a plan to get back to Belfast

 

Book own alternative hotel for night £300.00

Paid for taxi to get there £90.00

Paid for tickets to manchester £300.00 for next night

Paid for taxi from 2nd hotel to airport £40

Landed in manchester to book flights to belfast, could only get flights from Liverpool £300.00

Taxi between Manchester and liverpool £65 (time was limited)

 

I am so annoyed! with OTB + OHG + Holiday Leisure Club (Kudasdai, Turkey)

 

I want to recover as much as possible, and cause them as much pain :| ... They ruined holiday and put us through 3 days of hell!

 

What can I do?

Who do I approach?

 

My first thoughts where start to bring OTB to county court for max possible?

 

Any ideas would be greatly appreciated!!

 

 

Now for my first sleep in 48hrs :)

 

Karl

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Hi cin

 

I would write a Formal Letter of Complaintto OnTheBeach, send it to the Managing Director, highlight all the bad conditions you've found, enclose any pictures you have, make copies for the court at a later date. Tell them exaclty how much compensation you want, make sure you give them a realistic breakdown. This will be a Letter Before Action. Send it Recorded. If you Google LBA you'll find plenty of examples.Lets see what they say?

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Courts look favorably on people trying as much as they can to resolve things before going to court. Be assertive, tell them what you will consider suitable, and anything less will be unsuitable. Ask them to respond in writing only (as if yo udo end up in court, having something in black and white them refusing what you consider reasonable, the judge will be able to make a descision)

 

Mail needs to be sent to their registered address :-

ON THE BEACH LIMITED

SPECTRUM HOUSE

TOWERS BUSINESS PARK, WILMSLOW

ROAD, DIDSBURY

MANCHESTER

M20 2SE

 

and this is the address that you will need to use on court papers.

 

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

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  • 2 months later...

Hi All,

 

Looking for some advice from all you great minds about my next steps here

 

 

28/05/2011 - FORMAL LETTER OF COMPLAINT

22/07/2011 - LETTER BEFORE ACTION

 

Finally got a reply from OnTheBeach 12 Aug saying they acted as the middle guy to pass on my complaint to the Principal Supplier of the Hotel "On Holiday Group" and the supplier of the property has offered to refund my Hotel cost even thou the claims are apparently unwarrented. Thou as far as im concerned I bought the Holiday from OnTheBeach no matter what they call themselves I bought it from them they sold it to me as a package over the phone and bought flights/transfers and hotel through them and paid 1x price.

 

Im a bit confused here as what to do next. I was hoping for them to bargin at the least... But just the cost of the hotel is about £850GBP

 

The holiday cost me £1322.09

I also spend £1100 getting back from holiday

And was asking for additional £500.00 (for 4 people for loss of enjoyment)

They seem to be trying to avoid any responsibility and not responding according

Should I send them a Final warning? and move to ABTA arrabatration OR should I aim for small claims court? Worth nothing Im alos not in the UK for a few months atm

Karl

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  • 2 months later...

hi guys,

 

The holiday supplier via the company who sold the holiday refunded only the hotel element.

 

Im going after the rest but just a quick one am I right presuing the company that sold the holiday OR should i be presuing the supplier of the holiday?? The company that sold it advised this, is this a deflect attempt on their part since they sold it to me in first place??

 

 

thanks

 

karl

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if you check teletex holidays it says they are package holidays

but after you have booked and paid they tell you you will

have diferent paynents on your credit card bill

so at the time of booking it is a package holiday

 

Yesi totally agree they`ll do anything to hide behind the fact we`re not a pacakage holiday company even in my case the company I bought it of started telling me about holiday was atol protected over the phone and booked for and paid for it all as 1 transaction. I'm convince its a package holiday..

 

Just have those moments of doubt where you think, are they really just an online travel agent that happen to sell you 3 holiday items together in what looked like a package

Holiday or should you really be going after the actual supplier. I suppose its like buying a tv from agros and it breaks within a reasonabl period of time, why would you goto the manufacturer when you bought it from argos?

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send another letter before action, tell them what you think you are entiled to

between what you have got back and what it cost you if they dont come to

any agreement then

take them to the small claims court its time someone stood there ground

you bought from them you never had any contact with anyone else

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  • 1 year later...
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