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Thomson holidays complaint! (unauthorised transaction and dealt with unappropriatly and unsatisfactory)


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I booked a holiday some time ago to go to Cuba on 30 October 2009 for 14 nights all inclusive. I have paid for the holiday in instalments.

On Tuesday 18 August 2009 I called Thomson’s to pay the remaining £450.00 I owed them. I paid this sum over the telephone using my debit card.

I received a receipt later that week to show that they had received the £450.00 and that the holiday was now paid for in full.

On Tuesday 25 August 2009 I went to the cash point and to my despair I had a nil balance and was £1800.00 overdrawn. My overdraft limit is £900. I was utterly shocked to say the least and I dashed home to check my bank account online.

It was then that I noticed Thomson had taken £1350.00 from my bank account (3 sets of separate £450.00) instead of just £450.00 and a charge of £25.00 had been added to my account for going over my authorised overdraft limit.

I immediately contacted Thomson’s and spoke to the customer services manager who advised that the problem had been noted at their end the day before (Monday 24 August) and as of close of play on Monday all monies had been refunded to the 500+ customers that this error had happened to. She advised me that the money should be in my account on Wednesday 26 or Thursday 27 August at the latest.

I expressed my utter disappointment that such a large reputable company such as Thomson’s could let this error occur, know about it and not even inform the people that this had happened to. We were all left to find out the situation of our bank accounts of our own accord.

I also explained to her that I had not a single penny in my bank account and that I now wished to cancel my holiday to which she replied “well there isn’t anything I can do about it” when I went on to re-iterate that I didn’t have a penny to my name and a 15 month old daughter to provide for her response was “what do you want me to do about it”. I actually thought at the time that her professional manner and attitude to resolving this situation was appalling.

On the morning of Wednesday 26 August I went onto my online banking, to note that only 1 £450.00 had been refunded in to my bank account instead of £900.00. I called Thomson’s at 8.00am and spoke to a gentleman. The gentleman advised me that the transfer had been made and that the remaining £450.00 would definitely be in my bank account on Thursday 27 August.

On the morning of Thursday 27 August I again checked my bank account to find that the remaining £450.00 was still not in my bank account. I again called Thomson’s at 8.00am to be told that the transaction had been made and that the monies would be in my bank soon. I was told by a customer service administrator that this was now the banks problem not theirs. They had acted accordingly and transferred the money and that it’s the banks fault for not releasing the money to me.

I also contacted my bank who advised it was Thomson’s responsibility, not theirs. I was totally baffled as to where I should go and what I should do with regards to getting this situation resolved and getting my money back ASAP.

The Thomson's manager again asked for copies of my bank statements to prove that the money had still not been received in my bank account. So I had to print them off online, scan them and e mail them over.

I was told that this money could hit my bank account during the course of the day but would definitely be there before close of play (4.00pm). Close of play came and went and still there was no £450.00 in my account.

This was now 2 days I had experienced without a penny to my name and the bank statements I issued to Thomson's showed that I had no money available in my account due to the error of Thomson’s.

I sat up all night Thursday due to being unable to sleep to only find at midnight (Thursday night/Friday morning) the money again had not hit my bank account. I actually sat there in tears as I knew that there was no way this money was going to be in my bank before the bank holiday weekend and as I had explained to the manager due to Thomson’s error and the state of my account there was not enough money in my account to cover my direct debits that were due out on 1 September 2009.

 

I had to e mail the manager over another bank statement for Friday which showed the money had still not hit my account. The Manager appeared baffled and explained that the money must be ‘floating about somewhere’. At 9.30am she said she would process another £450.00 to my account and as it had been done before lunch time there was every possibility that it could hit my account at midnight, if not it would be after the weekend.

I wrote a full letter of complaint and e mailed it over to her

I now felt that I was banging my head against a brick wall. Nothing was been done to resolve the situation. I had experience 4 full days without a penny to my name and a 15 month old daughter to provide for. I was told repeatedly that I was not able to cancel my holiday and receive a refund in full nor was I offered any type of compensation. I was told if I wanted to cancel my holiday I would have to loose 50% of the cost of this holiday as per the terms and conditions. I was therefore left with no money and a holiday that I no longer felt I wanted to go on and a holiday company that I had no trust left in. I felt and still feel that I don’t know what to do or where to turn to get this situation resolved.

At 3pm on Friday 28 August I had to call the bank to explain the situation and to be given a temporary overdraft to cover my direct debits until this remaining £450.00 goes back in to my account.

I checked my bank account on Saturday 29 August and the money wasn’t there. I didn’t even bother checking my bank account Sunday or Monday as I knew the money wouldn’t have been there.

Tuesday 1 September again first thing I checked my account and the money had still not been refunded to my account. I again printed the statement off; scanned it and e mailed it over AGAIN!

Thomson's responded stating that it could take 3 working days for the money to appear in my account and gave me her sincere apologies.

I really feel that this has not been handled appropriately at all. It has been 8 days since Thomson’s took my money and still not returned it. I have a holiday booked and paid for that I really do not want to go on now and they have advised me that there is nothing they can do and that I just have to wait for my money to appear in my account.

The manager is now ignoring all of my e mails as she feels because i have today received my money back the matter is resolved.

I have also now reported this matter to ABTA

Sorry for the long winded explanation - but can anyone help!

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I booked a holiday some time ago to go to Cuba on 30 October 2009 for 14 nights all inclusive. I have paid for the holiday in instalments.

 

On Tuesday 18 August 2009 I called Thomson’s to pay the remaining £450.00 I owed them. I paid this sum over the telephone using my debit card.

 

I received a receipt later that week to show that they had received the £450.00 and that the holiday was now paid for in full.

 

On Tuesday 25 August 2009 I went to the cash point and to my despair I had a nil balance and was £1800.00 overdrawn. My overdraft limit is £900. I was utterly shocked to say the least and I dashed home to check my bank account online.

 

It was then that I noticed Thomson had taken £1350.00 from my bank account (3 sets of separate £450.00) instead of just £450.00 and a charge of £25.00 had been added to my account for going over my authorised overdraft limit.

 

I immediately contacted Thomson’s and spoke to the customer services manager who advised that the problem had been noted at their end the day before (Monday 24 August) and as of close of play on Monday all monies had been refunded to the 500+ customers that this error had happened to. She advised me that the money should be in my account on Wednesday 26 or Thursday 27 August at the latest.

 

I expressed my utter disappointment that such a large reputable company such as Thomson’s could let this error occur, know about it and not even inform the people that this had happened to. We were all left to find out the situation of our bank accounts of our own accord.

 

I also explained to her that I had not a single penny in my bank account and that I now wished to cancel my holiday to which she replied “well there isn’t anything I can do about it” when I went on to re-iterate that I didn’t have a penny to my name and a 15 month old daughter to provide for her response was “what do you want me to do about it”. I actually thought at the time that her professional manner and attitude to resolving this situation was appalling.

 

On the morning of Wednesday 26 August I went onto my online banking, to note that only 1 £450.00 had been refunded in to my bank account instead of £900.00. I called Thomson’s at 8.00am and spoke to a gentleman. The gentleman advised me that the transfer had been made and that the remaining £450.00 would definitely be in my bank account on Thursday 27 August.

 

On the morning of Thursday 27 August I again checked my bank account to find that the remaining £450.00 was still not in my bank account. I again called Thomson’s at 8.00am to be told that the transaction had been made and that the monies would be in my bank soon. I was told by a customer service administrator that this was now the banks problem not theirs. They had acted accordingly and transferred the money and that it’s the banks fault for not releasing the money to me.

 

I also contacted my bank who advised it was Thomson’s responsibility, not theirs. I was totally baffled as to where I should go and what I should do with regards to getting this situation resolved and getting my money back ASAP.

 

The Thomson's manager again asked for copies of my bank statements to prove that the money had still not been received in my bank account. So I had to print them off online, scan them and e mail them over.

 

I was told that this money could hit my bank account during the course of the day but would definitely be there before close of play (4.00pm). Close of play came and went and still there was no £450.00 in my account.

 

This was now 2 days I had experienced without a penny to my name and the bank statements I issued to Thomson's showed that I had no money available in my account due to the error of Thomson’s.

 

I sat up all night Thursday due to being unable to sleep to only find at midnight (Thursday night/Friday morning) the money again had not hit my bank account. I actually sat there in tears as I knew that there was no way this money was going to be in my bank before the bank holiday weekend and as I had explained to the manager due to Thomson’s error and the state of my account there was not enough money in my account to cover my direct debits that were due out on 1 September 2009.

 

 

I had to e mail the manager over another bank statement for Friday which showed the money had still not hit my account. The Manager appeared baffled and explained that the money must be ‘floating about somewhere’. At 9.30am she said she would process another £450.00 to my account and as it had been done before lunch time there was every possibility that it could hit my account at midnight, if not it would be after the weekend.

 

I wrote a full letter of complaint and e mailed it over to her

 

I now felt that I was banging my head against a brick wall. Nothing was been done to resolve the situation. I had experience 4 full days without a penny to my name and a 15 month old daughter to provide for. I was told repeatedly that I was not able to cancel my holiday and receive a refund in full nor was I offered any type of compensation. I was told if I wanted to cancel my holiday I would have to loose 50% of the cost of this holiday as per the terms and conditions. I was therefore left with no money and a holiday that I no longer felt I wanted to go on and a holiday company that I had no trust left in. I felt and still feel that I don’t know what to do or where to turn to get this situation resolved.

 

At 3pm on Friday 28 August I had to call the bank to explain the situation and to be given a temporary overdraft to cover my direct debits until this remaining £450.00 goes back in to my account.

 

I checked my bank account on Saturday 29 August and the money wasn’t there. I didn’t even bother checking my bank account Sunday or Monday as I knew the money wouldn’t have been there.

 

 

Tuesday 1 September again first thing I checked my account and the money had still not been refunded to my account. I again printed the statement off; scanned it and e mailed it over AGAIN!

 

Thomson's responded stating that it could take 3 working days for the money to appear in my account and gave me her sincere apologies.

 

I really feel that this has not been handled appropriately at all. It has been 8 days since Thomson’s took my money and still not returned it. I have a holiday booked and paid for that I really do not want to go on now and they have advised me that there is nothing they can do and that I just have to wait for my money to appear in my account.

 

The manager is now ignoring all of my e mails as she feels because i have today received my money back the matter is resolved.

 

I have also now reported this matter to ABTA

 

Sorry for the long winded explanation - but can anyone help!

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This is a disgusting tale of woe, minx, but cancelling your holiday will not solve the problem & may make it worse.

 

I suggest you write in to the customer services dept. of Thomsons & make a claim for all your losses including the £25.00 over limit fee, phone calls etc your bank applied plus a sum you require for compensation for the inconvenience & distress you have been caused, giving them 7 days to pay up & notifying them that if you do not receive all monies by that date you will issue a summons in the county court without further notice, costs of which will run against them.

 

It is a very easy process to start & IMO will result in them paying up without further delay but post back if you require further help on this. Unfortunately it sometimes seems to be the only language that big companies speak nowadays. :mad:

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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I think you've done all you reasonably could - but you see the problem where the bank will sit idly by whilst you face ruin... and their WRONG.

 

You only agreed to £450, that's what should have been taken out - and it wasn't. Your bank should have recalled the ENTIRE debit, and this is something they are loath to do, but IS within their power. I'm no fan of Direct Debits, but even here, you would have had this limited protection, and something you do not get with a debit card.

 

You need to quantify your loss (reasonably) and advise TC in WRITING that you are seeking thereimbursement of the bank charges, and interest ofevery penny overpaid until the money is restored.

 

Don;t try to cancel the holiday - this will complicate maters further, and their actions whilst incompetent,are not grounds for cancellation.

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I agree with buzby, unfortunately there are no grounds to cancel the holiday. This was a system error which can happen to any company. What went wrong is they way they then dealt with that error.

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And I personally think writing to the Chief Executive is the best idea...go to the top, then if it gets passed down the chain of command then so be it....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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minx, could you just keep to one thread please on this subject? I have posted on your other thread but it is very confusing to CAGers to try to follow two. I've asked a mod to merge them for you.

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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2 merged ;)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thomson terms and conditions:

 

Cancellation charges

These charges are based on how many days before your booked departure we receive your cancellation notice. These charges are a percentage of the total cost of your booking, not including your insurance premium.

 

Period before departure within notice of cancellation is received. % of total booking price. 56 days or more Loss of deposit* 55-36 days 50% 35-22 days 70% 21-11 days 90% 10-0 days 100%

So on 1st September was 60 days before..so you have until tomorrow to lost only your deposit...

 

I agree with the above posts though, it's a shambolic way to treat you. I had a really bad experience earlier on this year with them, I think it's a lot to do with the merger with First Choice, that just well and truly mucked things up, no one has any idea what happens when you ask, or who you should speak to, and you get a different answer on who you speak to.

 

Sending the letters demanding money and leading up to a court summons will probably work wonders. Don't forget interest on your money too (calculated in the same way as the bank charges) and also the fees/charges you incurred.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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No - Your claim for interest and charges is only relevant should they not pay on judgement (the interest from date of the successful action needs to be asked for, but is probably not an issue). Charges are added obce the case is concluded in your favour. You cannot add these prior to a court judgement - and is NOT like the 'bank charges' in this respect.

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No - Your claim for interest and charges is only relevant should they not pay on judgement (the interest from date of the successful action needs to be asked for, but is probably not an issue). Charges are added obce the case is concluded in your favour. You cannot add these prior to a court judgement - and is NOT like the 'bank charges' in this respect.

 

This is based on form EX302, issued when you request an N1 which will advise you on this. See page 2/3 on this document:

 

http://www.hmcourts-service.gov.uk/news/forms/docs/ex302_0406.pdf

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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I have no issue with the form - it all hinges on then the 'debt' became due. When IS this? The claimant cannot simply state this was the date that the amount was paid - because it doesn;t work that way. You would need to reach your impasse, demand the money back (and be refused) THEN ititiate court action.

 

Courts are pretty quick in spotting unjustified claim amounts (expecially interest prior to judjement) and is the cauese of many actions failling and the pursuer walking away with nothing. A straightforward claim has a much better success rate than one 'loaded' in the way you describe.

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The other option is to express your disapproval and NOT try a Small Claims Action. If they provide the refund as you raise the action, you will have to discontinue at your expense. If your Actual loss is less than £50, its usually better to chalk it up to experience, as it'll cost you another £50 for the action, and with no guarantee that a judge will consider your actions 'reasonable', whereas he'll accept their incompetence as just that.

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If you start a small claim and they refund, you can discontinue the claim for the amount and continue it to determine who should pay the fee for issuing it ;)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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This is true - but if the dates are close then you still run the risk of being the loser. This is why an LBA giving them 21-28 days to respond, PRIOR to formal action is always a good idea. It avoids doubt, what your intentions are - and if they play brinkmanship, you can always show proof what your intentions were, and they lose their claim for a dismissal with prejudice. (However, the action can limp on as you try to justify your distress/costs etc).

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