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BankFodder

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BankFodder last won the day on March 18

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  1. It sounds to me highly suspicious . So the action is also calculated to avoid having to pay the promotional ferry costs. it wouldn't surprise me if that is what is really behind this decision. anyway, you have relied upon them for your holiday and you have paid your money and you have made your arrangements. start calculating the value of all your losses including the lost holiday time and the loss of enjoyment and send them a 14-day letter before claim and then sue them. Your chances of success are much better than 95%. Make sure that your figure for loss of enjoyment is modest and can be justified in court. I suggest also that you go round to TripAdvisor and to Facebook and other places and start letting people know what you are doing about this.
  2. I have no idea. I'm simply prompting you to take a very special look at what they have given to you and to see if there is anything that might be missing because that would give you more ammunition. Has it got the names of the companies which visited you? Has he included copies of the instructions they gave to the visiting companies? is there any reference to the date upon which the visiting companies received their instructions?
  3. Just to get things straight, they supplied you with a receipt with the limited liability company name on it. Is that correct? Is that still the same name that they are operating under now?
  4. So are you saying that not only can they not provide the pitches but they are also cancelling the ferry tickets?
  5. So you have your own caravan and you have the ferry crossing fares and all you're lacking is the pitch. I don't know anything about these kinds of holiday but is it not possible to book pitches elsewhere and then to bill the company for the cost of them when you get back? it is certainly clear to me that it is the company's responsibility to make alternative arrangements for you if certain works have run on longer than they expected. It's their responsibility
  6. A "touring" holiday really doesn't tell me very much about it. Well my best advice to you – assuming you have the money – is to book another holiday for exactly the same period. Make sure the holiday is as close as possible an equivalent holiday – but if there's any difference then spend a bit more rather than a bit less. Tell away results in writing that this is what you are doing and tell them that when you come back you will be issuing legal proceedings immediately unless there is a cheque waiting for you on your return. Keep a detailed account of all your costs and expenses. And then bring an action to recover everything. It sounds to me as if you've been treated disgustingly and I really don't see how a holiday company can act like this towards its customers. Start recording your calls in case there are any further telephone conversations whether it is you or your wife. If you don't have the money then I'm afraid that the anything you will be of the do will be to threaten away results that you will see them for the loss of the holiday including loss of enjoyment, loss of any expenses you have incurred preparing for it, loss of holiday time – et cetera. Given 14 days and then sue. Don't muck around. Stop posting over the Internet and see whether there are other people in a similar situation you might like to come here and be advised to take action as well. Very sorry that your holiday is going wrong. It is very disappointing and nobody deserves this. I've tweeted out to this company and if they want to come here and post some kind of reply explanation then of course they are very welcome
  7. Well you will be entitled to recover from them all of your outgoings plus any reasonable costs or losses so if you're not able to use the promotional ferry fare, you will certainly be able to claim the actual cost when you do eventually go. However, what you can do right now in time to save your holiday, I really have no idea. I suppose the only thing you can reasonably do is to fire off for a letter of claim immediately spell it all out them and make it clear that if the holiday is not available exactly as agreed then you will be suing them for all of the losses which I have outlined above. What kind of holiday is this anyway? Of course you take a telephone call but I don't suppose that you've read our customer services guide and that you record your calls, do you?
  8. Does it say anything in their terms and conditions about visits? In any event it seems clear that they are entitled to apply charges which would include an element of profit. That essentially makes it an unlawful penalty and as such none of it is recoverable. The courts don't even have the power to award a "reasonable" cost. Presumably you've looked at your disclosure file. Have you inspected it carefully for anything relating to visits and have you noticed that there is anything missing? I think you should try and make a very thorough detailed account of the visits, precisely what happened and the charges and then begin a claim on that. I think also you should write to them and asked for a detailed breakdown of the charges they have applied for the visits. You may as well warn them that you are going to challenge this matter in court and they will be required to provide this information at the inevitable trial. You may as well do this in a letter of claim.
  9. You are asking a very reasonable question and frankly I think I'm gonna have difficulty explaining. However I'm quite clear in my own mind that breach of the consumer rights act is not a breach of statutory duty. The consumer rights act confers certain rights upon individuals – including the right to enjoy goods or services which are of satisfactory quality or have been carried out in a reasonable way, but these rights are included in the contract. The consumer rights act really implies terms into contracts but there has to be a contract in existence first. At the moment I would say that apiece – a duty is simply a duty which are created by Parliament and in the context that we are talking about doesn't need any contractual relationship to invoke the duty. So for instance if the builder is mending a roof then it may well be that he has statutory duty to make sure that passers-by aren't injured. If a tile slips off the roof and hurts a passerby, then it may well be that the passerby is protected by a simple statutory duty. It might not be necessary for us to show that the builder was negligent and it certainly wouldn't be necessary to show that the passerby had a contract with the builder and that the builder had breach the term of the contract to take care of passers-by. I have a sense that this explanation is a bit lame – but at the moment is the best I can do. I don't know why, I'm getting a feeling of déjà vu with this question. Have you posted exactly the same story under some other user ID? Also, you still haven't answered the questions as to the story so you really are asking us to give advice in a vacuum.
  10. I'm trying to find out if people can see the Giphy icon in their editor? This is a Giphy
  11. I think it will be helpful if you would lay out the facts of the story here. However, I have to say that a breach of statutory duty does not include a breach of the consumer rights act. The consumer rights act is concerned with contractual duties which are not statutory. They are common law duties. You say that the plumber has gone out of business. Was the plumber trading as a sole trader? Or as a limited liability company?
  12. What I do gather though is that you had a bad job done since 2016 and it still hasn't been fixed over two years later. How much are you out of pocket? Are you seeking to have the poor work repaired and brought up to scratch? If so how much would that cost? Are you seeking to have it returned to its starting position? If so how much would that cost? As the building company still in business? If you decide to sue them, would they have the assets? Are they sufficiently well established that it is unlikely that you would suddenly find that they disappeared when you try to enforce judgement? I see the figure of about £81,000 mentioned at the bottom. If you go to sue for anything over £10,000 then that will take you beyond the small claims limit in which case you will be liable to the other side's costs in the event that you lose. The problem always when considering actions against building companies is the problem of enforcement. It is often all too easy for building companies to disappear and then to reappear later under a different name in a different limited liability company. That is the easy way to frustrate any judgement and to frustrate your creditors. So without really having read the entire story, those are a few tips as to what you need to answer and also as to the risks you need to evaluate before taking any action.
  13. Presumably you pay them and they keep a car in hand the rest to the train company. I would say that they are in the frame. The claim fees aren't very much so I think it's worth a punt – but it's up to you.
  14. I'm terribly sorry – but it simply just too much to read. With the best will in the world. Any chance that you might be able to summarise it down to its very basic facts in a bullet pointed chronology. What the name of the builder? What was the contract for? How much was the contract value? Broadly what went wrong? In a nutshell – what are the exchanges you have had with the builder once things went wrong Any other relevant little details. Sorry about this. It's in your own best interests I promise you!
  15. Who is the contract with? Personally I think it is up to the booking platform to sort themselves out. They can't you shift the blame onto somebody else.
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