Jump to content


forrester

Thomas Cook Compensation advise

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1934 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

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 - 17.05.08) 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@thomascook.comand will also post by registered post to your address in Bradford.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.:)

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

For over 12 months i have been trying to get compensation from thomas cook i was trying to get the correct details to put on the county court claim form by asking facebook thomas cook for over a year not even a penny offered then ask for the details on the sunday on the monday i have a phone call offering £635-00 in t/cook vouchers or £455-00 cash i am refusing offer and going to court but it may pay to contact Thomas Cook on facebook

Share this post


Link to post
Share on other sites

Hi laura

 

I have got a claim against TC at the moment (going thru the ABTA Arbitration process). Really interested to find out what happened to your court claim against them? Hopefully you were successful.

 

radmm0

Share this post


Link to post
Share on other sites

hi yes i was successful i managed to get a settlement of £2,400 in vouchers could have had £1700 cash it was settled a week before the county court hearing it took over 18 months but i felt the outcome was worth waiting for dont give up and if arbitration doesnt help then if you can start county court its not as scary as it seems and good luck x

Share this post


Link to post
Share on other sites

Well done, that's excellent.

Did you not first try the ABTA Arbitration route before going for the courts? If so, what made you do that and what were the costs? Thanks.

radmm0

Share this post


Link to post
Share on other sites

i spoke to abta but never seemed to get any thing positive from them when i finally thought i was going to get no where i decided i had nothing to lose as i am on low income i did not have to pay full price in total the court costs were in 3 parts depending on how the case progressed i went all the way and the last fee was £150 which was returned if settlement or i decided not to continue court action any extra costs caused through court action can be claimed from t/cook i thought it would be harder to start proceedings through the court but it wasnt that bad there are also loads of advice pages including consumer groups on facebook that will offer advice to help get to court the first offer of compensation was made 3 days after i commented on t/cook face book so that may be worth a try good luck and if you dont mind let me know the outcome x

Share this post


Link to post
Share on other sites

Thanks a lot for your advice and reply to my questions.

 

I'll definitely come back and let you know the result. But, as you already know, don't hold your breath!!

 

radmm0

Share this post


Link to post
Share on other sites

don't give up they will hope you will dont give them the satisfaction i have my holiday booked this september paid for by not letting them win (my dad says i am like a dog with a bone) lol but i knew i was right and they had treated me badly so think positive :)

Share this post


Link to post
Share on other sites

Hi Laura

 

Just to update you on my case, as promised. I have half won my case, as the arbitration has awarded me roughly 33% of my claim for compensation, which isn't bad, but I now want to reject this award and go for their jugular, as now I know for definite that I was right all the time and they were in the wrong! With proper legal advice and representation I think I can have them for a lot more!

 

Thanks again and hope you'll enjoy your free holiday!

 

Rgds.

radmm0

Share this post


Link to post
Share on other sites
Hi Laura

 

Just to update you on my case, as promised. I have half won my case, as the arbitration has awarded me roughly 33% of my claim for compensation, which isn't bad, but I now want to reject this award and go for their jugular, as now I know for definite that I was right all the time and they were in the wrong! With proper legal advice and representation I think I can have them for a lot more!

 

Thanks again and hope you'll enjoy your free holiday!

 

Rgds.

radmm0

 

I thought arbitration was legally binding?


Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

Share this post


Link to post
Share on other sites
I thought arbitration was legally binding?

 

Yes, as I found out later when wanting to appeal the decision. The arbitration service wanted over £300 upfront in order for me to make an appeal and I had less than 3 or 4 weeks to make my mind up. I couldn't believe this, as it forced me to give up pursuing the case, as I didn't have the money at the time, the time to do the paperwork required AND felt it rather unacceptable that I had to pay anything until the appeal was heard/processed.

 

So, you're right, the decision is final and legally binding, but only after you have either accepted the initial decision or after the appeal. So, I can't take Thomas Crooks to court over this matter now, which is really annoying, as I know I was in the right and their staff had lied and colluded with the police to get me off the plane on the way out.

 

radmm0

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...