Wedding Honeymoon one problem after another

[sexyfufu]

Legal is that okay or do you need more info i may have been a bit to breif.

[legalpickle]

Legal is that okay or do you need more info i may have been a bit to breif.

"brief" not "breif".

 

For now that's Ok. Plan to come up with something tomorrow all being well. Been working on it between different things over the past few days.

[sexyfufu]

Thanks, Sorry i am slightly dyslexic and without a spell check on here sometimes it gets the better of me.

[sexyfufu]

Hi Legal, How you getting on ?

 

Thanks

[sailor sam]

Hang in there sexyfufu, i'm sure legal will come across!

[legalpickle]

Hi Legal, How you getting on ?

 

Thanks

I'm getting on. Will be back sometime today (Thursday 14th).

 

Hang in there sexyfufu, i'm sure legal will come across!

I will! Thanks for the vote of confidence!

[legalpickle]

Hi sexyfufu,

 

It's basically finished. I just need to go over the amounts again.

 

It's my 27th burpday today, but I've been working all day - had an emergency hearing this morning.

 

It will be ready by Sunday (as tomorrow is a Friday which is impossible for me to do anything on thanks to the early Sabbath) for you to file in court on Monday.

 

Sorry for the delay again,

legalpickle

[sexyfufu]

Happy Burpday (I'm hoping that's birthday but i may be totally wrong) !!

 

Legal i am just so grateful for all your help xx

[legalpickle]

Happy Burpday (I'm hoping that's birthday but i may be totally wrong) !!

Ta! Yup it is.

 

Legal i am just so grateful for all your help xx

No problemo!

[sexyfufu]

Many Happy Returns, I hope you have a lovely weekend !!

[legalpickle]

sexyfufu,

 

You PM'd me a note, which I answered with a question asking you to post the whole PM up here with the answer. Please do so ASAP.

 

A further question on that issue: Looking through the LBA I drafted for you, the first cheque of £319.85 was with the wrong name. If this was returned, was it returned with the correct name or incorrect name?

 

Next, I seem to recall - but can't find the post - that the amount for the Superclubs Breeze Bahamas was advised as different to the amount in the LBA I drafted. Please repeat how much they claimed that this cost?

 

Also, please remind me which County Court we agreed you'd file in.

 

Once you've posted that I'll be able to finish this and you can finally issue court proceedings.

 

legalpickle

[legalpickle]

Please explain item 1 in your breakdown of documents. It doesn't make sense. It says " Letter from MBNA to Claimant dated November 30th 2009. (3 pages) This was in Response to their letter asking for Correspondence from Virgin."

 

How can a letter from MBNA to you be in response to a letter from MBNA to you asking for correspondence from VH?

[legalpickle]

Hi All,

 

Below is my proposed main part of the PoC (other parts are amounts and documents attached) for sexyfufu's claim.

 

Does anybody have any recommendations on changes? If yes, please post to which Section and sub-paragraph, and your recommendation; or between which sub-paragraphs and in which section.

 

When sexyfufu answers my questions in my previous posts and the PM, I'll then be able to finish the PoC and the N1 and will post them as attachments.

 

legalpickle

 

Section 1: Pertinent Account Details:

 

1st Defendant Booking Ref.:

 

1st Defendant Invoice No.:

 

2nd Defendant Account No.:

 

Claimant’s D.O.B.:

 

 

 

 

Section 2: Background to Claim:

 

1.The Claimant rang the 1st Defendant on 26th December 2008 and booked a 3 centre holiday and wedding package. The total charge for this was £5855.40. The Claimant paid £346.80 on her credit card [provided by the 2nd Defendant] immediately and the remaining balance of £5,508.60 by bank transfer on 12th May 2009.

2.The Claimant received 2 letters from the 1st Defendant; the first in May and the second in July. These letters were addressed to “Donna & Derek”. The Claimant called the 1st Defendant and advised them that her husband to be’s name was in fact Darren, not Derek.

3.The Claimant received the flight tickets 7 days before departure. The tickets to The Bahamas clearly displayed a price of £444.60, despite the Claimant being charged £530 each on the invoice, The Claimant consulted the 1st Defendant regarding this prior to travelling and was told the price paid was correct.

4.Upon arriving in Orlando airport and collecting their luggage, the Claimant and her partner noticed that the suitcase that contained the Claimant’s wedding dress had a hole and a crack. This made the Claimant upset, distraught and annoyed because this case was clearly marked with a fragile label. This is despite the Claimant usually being an easygoing person.

5.In the airport at the 1st Defendant’s information desk there was a letter addressed to Donna and Derek. When the Claimant & her partner arrived at the hotel ‘Marriott Suites’ there was a sweet little keepsake card again addressed to Donna and Derek from the 1st Defendant.

6.The Claimant and her partner got married at the Marriott Suites and stayed there for 7 nights.

7.On 2nd August 2009 the Claimant and her partner drove from Clearwater to Orlando and checked into Disney’s Coronado Springs Resort.

8.On the 2nd morning of their stay at Disney, the Claimant and her partner were woken at approximately 8am to the sound of drilling and banging.

9.The Claimant and her partner then discovered there were major renovation works going on in the room 3 doors from their room. The workmen were refitting a bathroom suite, fixing mirrors and shelves to the room.

10.Outside the Claimant and her partner’s room on the landing there was lots of tools, these included drills, planers, saws and various other electrical equipment. There was also an electrical lead running along the floor which they had to walk over.

11.On the 5th August 2009 the Claimant and her partner checked out of Disney and drove to terminal A of Orlando Airport to check in for their flight to The Bahamas.

12.The tickets issued from the 1st Defendant for the flight to The Bahamas stated the flight number and airline ‘US Airways’. The Claimant and her partner queued up for over 30 minutes to be told that they were not flying with US Airways and were in fact on a code share.

13.The Claimant and her partner then made our way from terminal one to terminal two, which was on the other side of the airport to check in for their flight to The Bahamas with Bahamas Air.

14.When the Claimant and her partner boarded the Aircraft for our flight, they noticed some loose wires to the left of out feet. The aircraft was 27 years old and the cabin was very dirty, the aircraft also seemed to fly from left to right which terrified the Claimant, her partner and other passengers. Even if the Defendants are to claim that the plane met the minimal safety standards set by the US FAA, this is unacceptable. These are not the standards that the Claimant and her partner would accept.

15.Upon checking in at at the hotel ‘Super Clubs Breeze Bahamas’ the Claimant and her partner were given their keys and a map to their room. They went into their room and changed into their swim wear and went to the swimming pool.

16.The Claimant and her partner got to the pool and found brown **** on the surface of the water. They also found that the shower did not work and the Jacuzzi only worked in one area where there was only sufficient room for one person to sit.

17.The Claimant and her partner also witnessed 2 people hurt their feet on the metal stairs leading to the pool; the stairs had a protruding sharp metal edge. There was also a light in the pool floating on the surface with a wire connected to it. The Claimant, her partner and other guests were extremely worried for their safety.

18.As if the above was not sufficient, the towel staff were very rude and unaccommodating when giving out towels.

19.The Claimant and her partner’s room was on the ground floor and the curtains didn’t seem to close properly, so on the 1st night we had to use our suitcase to keep the curtains together so no one could look in.

20.In the holiday brochure provided by the 1st Defendant there was a special offer that honeymooners receive fruit and champagne. The Claimant enquired at the hotel reception about this and they had never heard of it.

21.To make a reservation for a restaurant parties had to ring at 8am and it took about 20 minutes to get through, hardly what the Claimant and her husband wanted to do on their honeymoon. This was more like booking a GP appointment than anything else!

22.The Claimant and her partner were extremely upset at this point so used the emergency number in the information pack to contact the 1st Defendant’s representative. The representative came to see the Claimant and her partner within a few hours.

23.Subsequently, the Claimant and her partner were upgraded to an Ocean View room. The fruit and champagne were supplied 2 days later and the pool was cleaned. All the other problems went unresolved.

24.If the Defendants are to claim that as the 1st Defendant’s representative offered the Claimant and her husband the chance to pay more and upgrade to a better hotel would have mitigated the Claimant’s losses, the Claimant responds as follows;

a.This is nonsense. The 1st Defendant was obligated to rectify all issues immediately. It was not the duty of the Claimant, or her husband, to do so.

b.The Claimant and her husband felt they could no longer trust the 1st Defendant. They were not prepared to shell out more monies to a company that had only let them down. This would definitely not mitigate their losses, and the likelihood would be – on the balance of probabilities – that the 1st Defendant would again let the Claimant and her husband down, causing them further losses, rather than mitigating their losses.

c.The 1st Defendant’s representative was rude and patronizing. This contributed to the loss of trust the Claimant and her husband had in the 1st Defendant at this stage.

25.On the last day before the Claimant and her partner were due to go home the 1st Defendant’s representative was insistent that the Claimant and her husband meet with her. She had a holiday complaint form that she wanted the Claimant and her husband to sign. This was refused as it seemed to be an attempt to shove the complaint under the carpet and refuse the Claimant and her husband the ability to pursue their legal rights.

26.It is the Claimant’s contention that the Defendant blatantly mis-sold their services which were far from fit-for-purpose or of satisfactory quality. Instead of a honeymoon that the Claimant and her husband will remember as wonderful for the rest of their lives; it was a living hell that will give the Claimant and her husband nightmares for the rest of their lives.

27.Various communication has ensued between the Claimant and both Defendant’s. Offers have been made by the 1st Defendant and rejected as not remotely close to what the Claimant and her husband feels are reasonable. The 2nd Defendant has not provided a constructive response to the Claimant’s letter to them.

 

 

Section 3: Legal Basis for Claim:

 

1st Defendant:

 

The 1st Defendant was the provider of the “services” the Claimant bought. The Claimant bases this claim against them on the following precedents and legislation;

 

1.In Farley v. Skinner [2001] UKHL 49, Lord Steyn states in para.19. the only occasions where pecuniary damages may be claimed. Lord Steyn refers to the the broader legal context as defined in Watts v. Morrow [1991] EWCA Civ 9 in which the contract is exceptional as such that an automatically implied term of the contract is to provide pleasure, enjoyment and relaxation.

 

2.In considering his decision in Watts v. Morrow [1991] EWCA Civ 9, Bingham LJ sought to rely upon several cases in deciding upon which contracts include enjoyment as an integral part of the contract. The first case that Bingham LJ quoted and sought to rely upon was in a Sheriff Court – Diesen v. Samson [1971] SLT (Sh. Ct) 49 – where a wedding photographer never showed up to the wedding, therefore the couple had no memories of their wedding day. The couple claimed – and were awarded – pecuniary damages.

 

3.The Misrepresentation Act 1967, Sale and Supply of Goods and Services Act 1982 (as amended) and various other legislation make clear that goods and services must not be mis-represented to the customer. Further legislated against is sale of goods and services that are not fit-for-purpose or of satisfactory quality.

 

The services the Claimant is claiming against were not fit-for-purpose or of satisfactory quality, in as such that the Claimant – or indeed any other reasonable person – would not have knowingly paid for such “services” had they known of the unsatisfactory “quality” that the “services” would match up to.

 

It goes without saying that a package holiday of any sort, honeymoon and wedding require that an integral part of the contract is that please, enjoyment and relaxation will be provided. As this integral part of the contract was not met on this occasion, the Claimant contends that the Defendant is liable for the sum detailed further on, in this claim.

 

2nd Defendant:

 

The 2nd Defendant provided a credit facility to the Claimant under which the Claimant spent a sum of this on the “services” provided by the 1st Defendant. In accordance with s75 of the Consumer Credit Act 1974; the 2nd Defendant is jointly and severally liable with the 1st Defendant for the claims the Claimant has detailed against the 1st Defendant.

 

The “services” bought were below £25,000 in price, and more than £100 in price. More than £1 of this (actually £346.80) was paid on the credit facility (a credit card) provided by the 2nd Defendant. As such this claim meets the necessary conditions of s75 of the Consumer Credit Act 1974 in making the 2nd Defendant jointly and severally liable with the 1st Defendant for this claim.

Edited January 17, 2010 by legalpickle

[honeybee13]

Hello Legal and fufu.

 

This is an impressive document. I have 2 comments, well one is probably a query.

 

19. In line 2, it says 'we' and I think you mean 'they', about the curtains.

 

15. It says the plane flew 'from left to right' and I don't know what it means. I haven't read the whole thread, but did the plane seem not to be keeping on a straight course? In aviation terms, which I'm a bit rusty on, this could mean that aircraft are just flying on a particular circuit or similar.

 

I hope this isn't too pedantic, I just want to help. Good luck with this.

[sexyfufu]

Please explain item 1 in your breakdown of documents. It doesn't make sense. It says " Letter from MBNA to Claimant dated November 30th 2009. (3 pages) This was in Response to their letter asking for Correspondence from Virgin."

 

How can a letter from MBNA to you be in response to a letter from MBNA to you asking for correspondence from VH?

 

Sorry this should of been from Claimant to MBNA.

[sexyfufu]

Quote:

Originally Posted by sexyfufu

Sorry foe the msg but i didnt want to post this in the main forum.

 

The cheque i recieved of Virign was for £480.15 and the cheque they sent 3 months ago for £319.85 (which i already returned)

 

The date on the letter is after i sent the email telling them i had decided not to accept the offer.

 

Again thanks for all your help.

 

There's nothing wrong with posting this in the thread.

 

Please respond to this PM (quoting the whole PM) in the thread:

Are you saying that the second cheque sent was not for the full £800? Yes

If yes, had you returned the first cheque? Yes

And if yes, did they send it back to you with the second cheque? No

Thanks

[sexyfufu]

Hello Legal and fufu.

 

This is an impressive document. I have 2 comments, well one is probably a query.

 

19. In line 2, it says 'we' and I think you mean 'they', about the curtains.

 

15. It says the plane flew 'from left to right' and I don't know what it means. I haven't read the whole thread, but did the plane seem not to be keeping on a straight course? In aviation terms, which I'm a bit rusty on, this could mean that aircraft are just flying on a particular circuit or similar.

 

The aircraft seemed to fly right then straight then left then straight, constantly for the full flight. It was as if something was going wrong and autopilot was trying to rectify it, If that makes sense.

 

I hope this isn't too pedantic, I just want to help. Good luck with this.

 

 

Lagal that is very good, Thankyou for all your hard work

[legalpickle]

Ok sexyfufu, I'll go through the above, but you haven't answered one of my above posts. Please answer this, which I have quoted from above:

 

Next, I seem to recall - but can't find the post - that the amount for the Superclubs Breeze Bahamas was advised as different to the amount in the LBA I drafted. Please repeat how much they claimed that this cost?

 

Also, please remind me which County Court we agreed you'd file in.

 

Once you've posted that I'll be able to finish this and you can finally issue court proceedings.

 

Please answer ASAP.

 

I hope to then have everything ready tonight for you to file tomorrow.

[sailor sam]

Hi Legal, just want to say what a brilliant job you are doing for sexyfufu.

 

According to post 88/89 of the thread her county court is Stafford.

 

Regards, Sam

[sexyfufu]

My Court is Stafford and the amount for Breeze Bahamas is £1020.60

 

They advised 20% is £204.12

 

Thanks

[legalpickle]

Thanks honeybee13 - I did make the mistake in 19, as I was turning sexyfufu's document into 3rd party (as it should be) and missed it. I have re-phrased 15 using sexyfufu's red comment on your post.

 

Thanks sailor_sam for your kind comments. Let's wait and see, not finished yet. We're at page 11 and proceedings are almost ready to be issued.

 

sexyfufu - Thanks. Dealing with this now, though going to have a bite to eat. Hope to post more within the next coupla hours.

[legalpickle]

sexyfufu,

 

What is the 3 pages of the letter to MBNA? Are the latter 2 pages just a copy of a letter from Virgin? If yes, please remove them from the pile - no need for duplications - and will change that to one page. If not, please advise?

[sexyfufu]

sexyfufu,

 

What is the 3 pages of the letter to MBNA? Are the latter 2 pages just a copy of a letter from Virgin? If yes, please remove them from the pile - no need for duplications - and will change that to one page. If not, please advise?

 

Yes, please make it 1 page, Thankyou.

[sexyfufu]

Just a quick question sorry, do i have to go to the court to issue or can i do it online ?

[legalpickle]

Yes, please make it 1 page, Thankyou.

Ok. But please make sure to remove the duplication.

 

Just a quick question sorry, do i have to go to the court to issue or can i do it online ?

Money Claim OnLine is problematic. It limits you on space and what you can attach. Unless the claim is a basic debt collection claim - which this definitely is not - I vigorously recommend AGAINST MCOL.

 

You will have to go to Stafford County Court to issue the claim.