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Small Claims Court

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Hi All,

 

Looking for some advice really as to whether anyone thinks I have a case and if so is their any legal points I can use. I will start from the begining.

 

In June 2008 I booked a holiday throught Freedom Direct who in turn booked it through the on holiday group who used a supplier in Greece to book my appartment for a weeks break. The flight time meant we turned up at the appartments at 4am and no one there was there to greet us. My fiancee was 7 months pregnant and after waiting for over 2 hours we checked into a hotel down the road. I went back the following day and complainted and they said they knew nothing about us coming but found us a room and by about 4pm the following day I had sorted out the problem myself.

 

On returning to the UK I at first spoke to Freedom Direct who I had originally booked the holiday through who kept refering the case to the On holiday group for an answer. They at first offered me £85 to cover expences, I refused. The then offered my £105, again I refused and just before I took it to Moneyclaim online they offered me a total of £125. All of these offers were made by the on holiday group via Freedom Direct. Once the claim was filed against the On holiday group they defended the claim saying my original contract was with Freedom Direct not themselves and therfore they were not liable. However I felt that although the contract was initally with Freedom direct they were responsible as they were the ones that actually booked the holiday with the greek agent and they therefore had a duty to make sure someone at the resort knew what time we were going to be there.

 

Since the claim was refered to the local small claims court Freedom direct have gone bust and I would like to know if someone out there believes my original contract was with them and if so do they now think I have a better case because now they are not around the next link in the chain has to become responsible. I know initally Freedom Direct was the person I made the contract with but in turn Freedom Direct made the contract with the on Holiday group on my behalf and surely in all of this everyone has to show a duty of care to the customer even though they may not directly deal with them?

 

Quite frankly I want to just agree to take what they offered as its dragging on so long but I understand they now have the right to withdraw their offer.

 

Advice please :-|:confused:

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Your contract was with Freedom Direct so any claim should have been directed to them solely - who they subcontract to provide the holiday is not your concern. However as FD are no longer trading, your status is just that of another creditor knocking on their door & unfortunately probably well down the pecking order so your liklihood of getting much back from them is now slim.

 

However if you paid with a credit card, there is a joint liability on the CC company under S75 of CCA1974 to provide the goods/services you contracted & as FD are no longer in business, you could address your claim to the CC direct. They will probably kick & scream at first but in the end their legal duty is spelt out in black & white & they have to comply.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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As Foolishgirl says your contract is with FD - hope you paid by credit card.


Poppynurse :)

 

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