Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Need Advice! Thomas Cook Problems

    Hi

    I have had a problem paying for my holidayicon for Sept 07 and now i'm being chased by debt collectorsicon for the second deposit.

    Basically me and fianceicon booked a holiday with out friends as a kind of couples holiday for next year. I paid the first deposit of £100 and the next deposit was due 31/08 for £295. Unfortunately our friends had spilt up so the holiday was less appealing and quite expensive for what it was. I was reluctant to pay the second deposit because a) I couldn't afford the holiday anymore as we hit money troubles b) me and my gf didn't wont to go anymore.

    I knew that we would lose the £100 deposit of which we both accepted but was not willing to pay the extra £295 for the second deposit.

    When the date came up for the second deposit Thomas Cook rang said we needed to pay the money but I was unwilling as I didn't want to pay that amount for somewhere I didn't want and couldn't go.

    No mail or anything came through the post so I thought they took our £100 and re-listed the holiday.

    This wasn't the case as I had a debt collection agency ring me and demanded that I pay the money or I'd get a CCJ and bailiffsicon knocking at my door.

    I still can't afford the £295 so is there a way around this? As I lost £100 already and the holiday isn't for virtually another year, so do i have to pay the rest of the deposit?

    Couldn't I negotiate to pay £20 a week for example?

    Please help!!!

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  2. #2
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    Default Re: Need Advice! Thomas Cook Problems

    Quote Originally Posted by nikmondo
    Hi

    I have had a problem paying for my holidayicon for Sept 07 and now i'm being chased by debt collectorsicon for the second deposit.

    Basically me and fianceicon booked a holiday with out friends as a kind of couples holiday for next year. I paid the first deposit of £100 and the next deposit was due 31/08 for £295. Unfortunately our friends had spilt up so the holiday was less appealing and quite expensive for what it was. I was reluctant to pay the second deposit because a) I couldn't afford the holiday anymore as we hit money troubles b) me and my gf didn't wont to go anymore.

    I knew that we would lose the £100 deposit of which we both accepted but was not willing to pay the extra £295 for the second deposit.

    When the date came up for the second deposit Thomas Cook rang said we needed to pay the money but I was unwilling as I didn't want to pay that amount for somewhere I didn't want and couldn't go.

    No mail or anything came through the post so I thought they took our £100 and re-listed the holiday.

    This wasn't the case as I had a debt collection agency ring me and demanded that I pay the money or I'd get a CCJ and bailiffsicon knocking at my door.

    I still can't afford the £295 so is there a way around this? As I lost £100 already and the holiday isn't for virtually another year, so do i have to pay the rest of the deposit?

    Couldn't I negotiate to pay £20 a week for example?

    Please help!!!
    When you agree to a reduced deposit you agree to paying all of the deposit - and if you cancel you lose that deposit - is this the deposit for just 2 of you or all 4?


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    Default Re: Need Advice! Thomas Cook Problems

    thats for just me and my gf.


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    Default Re: Need Advice! Thomas Cook Problems

    Quote Originally Posted by nikmondo
    thats for just me and my gf.
    £395 seems high - deposit is usually £140 per person - does this include insurance premium?


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    Default Re: Need Advice! Thomas Cook Problems

    Regardless of the situation with Thomas Cook, why aren't you getting your friends to pay for their part of it? It's not your fault they split up, and they took a commitment to you, so they should pay their share!

    I am going to Venice with Daughter and one of her friends next year, I have paid for it all, now daughter's friend has found out that she is pregnant and can't go. She's still paying me back her share, why should I be out of pocket because of her circumstances?

    You should have a word with your friends sharpish.

    Apologies to people who I was in the process of helping, I may be gone some time.

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    Default Re: Need Advice! Thomas Cook Problems

    Quote Originally Posted by Bookworm
    Regardless of the situation with Thomas Cook, why aren't you getting your friends to pay for their part of it? It's not your fault they split up, and they took a commitment to you, so they should pay their share!

    I am going to Venice with Daughter and one of her friends next year, I have paid for it all, now daughter's friend has found out that she is pregnant and can't go. She's still paying me back her share, why should I be out of pocket because of her circumstances?

    You should have a word with your friends sharpish.
    Hi again, our freinds are seperate to us so they don't really affect our situation.

    The total deposit is 395 which is for me, me gf and our baby. The deposit is split into 2. £100 which we paid and £295 of which I havn't.

    Another few things to add is Through out this ordeal Thomas Cook have not sent me one peice of mail to me of which I think is quite poor customer relations. They have only rang me once or twice and have never offered me a chance to change to a cheaper holidayicon.

    Secondly is that the debt company have not sent one bit of mail to me also. All I get is a telephone callicon and to be honest (though I doubt it) they could be anyone especially when asking for credit card details.

    Another thing is that will this hurt my credit rating as it's good (so say experian)?

    Last of all I think i'll write a letter to the debt collectionicon company and ask them to stop pestering me as I beleive this is illegal. I will then write to Thomas Cooke and see what can be done to settle this.

    Do you guys think this will be a good way of doing things?


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    Default Re: Need Advice! Thomas Cook Problems

    You are referring to the "first deposit" and "second deposit" - just to clarify, there is only one deposit, and you have not paid all of the deposit.

    If you check your paperwork, you will find that you had to sign a waiver form due to the fact that you did not pay the deposit when you booked. I do not know how Thomas Cook documents are worded but it would be along the following lines:

    The full deposit of your holidayicon is being paid to your Tour Operator by us on your behalf on the understanding that you will settle the balance of the deposit shown above by the due date.

    You have provided us with a Post Dated Cheque/Card Details and authorise us to process payment for the balance of the deposit on or just after the deposit due date.
    OR
    You have agreed to pay over the phone/visit the shop to settle the deposit balance by the deposit due date.

    Any cancellation by you or any member of your party, at any time, will be your responsibility and the remaining deposit sum will immediately become payable to us as your Travel Agent. Normal cancellation charges as outlined in the respective Tour Operator's booking conditions still apply and will not be waived.

    I agree to the above conditions.
    The only thing you can do is pay the outstanding money. If you can't afford to pay it all at once then you need to contact the DCAicon to make installment arrangements.


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    Default Re: Need Advice! Thomas Cook Problems

    i settled for paying £97 a month, do you think that is fair?


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    Default Re: Need Advice! Thomas Cook Problems

    Quote Originally Posted by nikmondo View Post
    i settled for paying £97 a month, do you think that is fair?
    Depends on your personal circumstances, and if that is an amount you can afford to repay.


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    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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    Default Re: Need Advice! Thomas Cook Problems

    have you not considered changing your holidayicon to perhaps a different destination, or getting some different friends to come and do a name change, changing the date etc. think the fee is around £30 per person per change


  11. #11
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    Default Re: Need Advice! Thomas Cook Problems

    the reason they didn't offer anything is because I left it for so long, then I got the dreaded call from the DCAicon.


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    Default Re: Need Advice! Thomas Cook Problems

    You could change the holidayicon to another one within the thomas cook group, to one you can afford and want to go on. You will probably be asked to pay the adminicon fees upfront so beware! Get a quote first. On top of the adminicon fees they may still require you to pay the rest of the deposit, you need to negotiate this with them.

    What you have done is agreed to pay a low deposit, the remainder is due by an agreed date, regardelss of whether you cancel or change or whatever. This should have been made clear to you at the time of booking. If not, you can complain that this wasn't what you were told. If you signed a document to say you were paying a low deposit, and agreed to pay the balance by xxx date, then you have no grounds for complaint.

    I'm sure you know this already as I think the previous posts expl this aswell!

    Good luck and keep us posted!

    Heidi

    I am not a legal expert, any advice I give is based purley on experience or opinion.

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE