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    • Okay, that will suffice as a letter of rejection – although I don't understand why you have to write pages and pages of everything instead of simply making the point that you need to make. The same with your claim form. It's a great shame that you haven't actually stated your your main cause of action on your claim form which is that you asserted your statutory right to reject and that the dealer breach their statutory duty by not accepting the rejection and refusing to refund. This is a glaring omission and at some point you have to remedy it. If you haven't actually claimed that then you haven't given the dealer an opportunity to defend on that particular point – and of course by not bringing it up now, in principle you are not asking the court to address that point. You should amend the claim. Once you sue on the basis that you have asserted your right to reject and that the dealer refuses to comply, then you have pretty well 100% chance of winning. However, you are not exploiting this because you have not raised this in your particulars of claim. Strictly speaking you should amend the claim and then the dealer should have a further right to put in a defence. Of course I may have missed it in your nine page particulars of claim so please will you confirm that you did not raise the issue of rejection in your claim form.
    • Thanks - I got this off ABTA website   If there are significant changes to the main characteristics of the holiday that mean a significant change to the holiday as whole you are entitled to an offer of an alternative holiday, or a refund of your holiday cost. ABTA cannot determine what is and isn’t a significant change to your particular package holiday, however a general overview of what might be a significant change is below:   a change of resort;  a change of accommodation to that of a lower category and/or price;  a change of flight time or delay of flight of more than 12 hours (in respect of a 14-day duration.  A change of flight time less than 12 hours may still be regarded as a significant change in respect of a lesser duration) or involving a reduction in time spent at the resort which is significant in relation to the length of the holiday;  a change of airport that's inconvenient to you.  If the holiday or trip can’t actually be provided due to closures and limitations, then you have a right to a refund.   On Jet 2 T & C's it does say a change of accommodation is a minor change,   however,  I think that is subjective as what is minor to one person is possible significant to another and to me it is significant that the hotel is closed.   They have not even said what they would offer me so I agree I don't think we should pay any balance until this is at least discussed.   There are only 2 other hotels in Punta Prima which offer all inclusive and both get poorer reviews that the one we booked.   I know this won't make a difference to Jet2, however one of them is also 1.5km from the beach! Our booked accommodation was actually on the beach.   I am so frustrated with Jet 2 and unsure where to turn now.
    • Well you need to show some financial reason for the temp lapse in reasoning..   And it would help to mention and send proof that since the event in January...you have used and purchased your own passes regularly so have learnt from your mistake   I would get this in today Time is tight to court case
    • Hi    Thanks for your comments    Here is my 1st letter of rejection sent by RD and amended Def response    Hope this is a bit better now Redact 1st Letter to DF Autos complain about VW polo.doc Defendant Response.doc
    • You should certainly pointed out to them as quickly as possible. Do in writing. However, you will need to assess the cost of the damage – the repair –. I don't know anything about this vehicle – is a new vehicle? Although the damage might be unsightly, is it very important to you to get it repaired? Or would simply a financial compensation satisfy you?  
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shining Light

Aviva - 2 mths to get my money

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We spend a large part of the year in S. America where we have a home and we have become accustomed to excessive "red tape" and poor service, but I certainly didn't expect worse from a company in the UK. Here is my experience, sorry in advance, it is a little on the long side.


We had an Endowment Policy with N.U./Aviva which after about 20 yrs came to an end in May 2009. As it happened I was returning to the UK 2 wks earlier for 2 mths. Only 8 days before the policy ended I received a letter from Aviva asking us to sign a form confirming payment of the monies into the acct from which we had been making the monthly payments, and asking for the return of the policy document, something I hadn't even thought about. (The document was still in S. America with my wife).

I made a number of calls to Aviva who stated they needed my wifes signature and the Policy Document. They also said their "Policy Termination Letters" were sent out 6 weeks before the due date (which mine wasn't). I was told there was no alternative so I signed the document and it to my wife in S. America. No surprise, 2 wks later she hadn't received it. After a number of calls to Aviva (always an Indian call centre) it was eventually agreed I could send a letter and they would telephone my wife to confirm the payment could go into our bank acct. This was eventually done and I was told that as soon as they received the document they could process the payment.


Over 2 wks later it was confirmed they had received the document and all they needed now was a signed letter from my wife! :confused: I argued that they had already agreed the verbal agreement was acceptable and had they not already agreed to this, my wife could have written a letter and sent it with the document, but they wouldn't have it. :mad: After confirming everything else was ok and the letter would finalise this matter, I again rang my wife in S. America and again she had to drive 15 minutes to the nearest post office to send the letter.


Meanwhile I returned to S. America and a couple of weeks later received a "secure email" from Aviva saying they had received the letter but they needed the "original" policy document before making the payment.:evil::evil::evil:

I spent 20 mins drafting a reply outlining everything that had happened but surprise surprise, their secure email had "an error" and I lost everything.

I sent another message by standard email saying the document we had sent was the only one we had, their response was "can you send a letter saying you have looked for the original and no longer had it. :mad::mad::mad:

By now I was a "little annoyed" as they had previously said the document was ok and they only needed the signature from my wife, and I replied saying that if we had the original we would have sent it, and if we did have it, what good would it be as they had the copy already, they had our signed letters and the payment would be going into the bank acct from which we had been paying them for years.."what is the problem here?"

Eventually somebody there used common sense and the payment was made with interest but nothing to cover hours of wasted time, calls to S. America and petrol for trips to the post office (I didn't ask for anything but they never thought to offer).


And I thought it was bad here!!

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