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Thomas Cook - Holding responses - any opinions?

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Had a crap holiday in May - I won't go in to details at this point, other than having to endure 40 degree heat with broken aircon (despite being reported daily), broken (therefore useless and dangerous) cot, and the bathroom ceiling collapsing....

 

Anyway, it was booked with Thomas Cook but it was a cosmos holiday. I've complained to Thomas Cook and got a holding response. I then sent them a letter before action, and got another holding response. Whilst I can appreciate they need to communicate with cosmos this has gone on far too long now with no tangible information.

 

How do I proceed? I am quite ok with issuing court proceedings but do I claim the entire cost of the holiday etc?

 

Any help would be appreciated. Thanks.

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Think you would have to complain to Cosmos not Thomas Cook

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My contract's with Thomas Cook- in turn, they contracted Cosmos- its TC I have to go after.

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Have seen on another site a similar situation. When they went to court the Judge threw their claim out and told them that they should have taken action against third party. This was because they had provided the holiday. Who they booked through had nothing to do with it. There are different rules for travel agents.

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Fair enough- if that's the case I'll look in to it. Might speak to trading standards or CAB. Thanks for the advice :)

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Cheers, thats the info I picked up from another site. To make sure, have you tried ' Holiday Travel Watch ' ? on their site there is a helpline No.

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Issue proceddings, that if nothing else will speed up the process. It will also ensure you get a refund, these large companies will not want to go to court for such a small matter. Claim the lot as well.

Call their bluff.

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IMHO, I would suggest that the company you go after is the company to whom you paid the monies for the holiday. If it was TC, then I would issue against them and make mention in the application to issue, the Vicarious Liability rule. This is to cover the fact that a third party supplied the holiday. If the court find in your favour it will then be up to TC to recover their monies from Cosmos. Incidentally, I was under the impression that Cosmos was owned by TC. Just a thought.

If your whole holiday was ruined , I would go for the whole cost of the holiday.

 

Cheers - Scousegeezer

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Ok, I'm on with it today :) Thanks for the help, will issue proceedings.

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I've done the forms on moneyclaim.gov, just need to save up the £85 to issue... should be doing it this week so will let you know.

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If you want to save yourself some money, dont issue against TC, issue against Cosmos.

 

TC are acting in capacity of agent for Cosmos. You may have paid your money to them, but it is paid on to Cosmos. Cosmos are the Tour Operator and it is the TO you need to sue.

 

Hope im not too late wiht this.

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