Wedding Honeymoon one problem after another

[legalpickle]

Hi,

 

Ive worked out all the figures and the lowest figure i will accept, do you want me to post this information up ?

 

Do you want me to summarize all the incidents, sorry im a bit confused ?

Ive been looking at this all week.

PM me what you think. I don't think that before the mediation you should post it up here, in case they are looking.

 

I'm in London at the moment, but will try to look through your PM tomorrow afternoon when I get back home.

 

I'll be MAD busy this week though as I'm going on holiday on Thursday, so am working like a dog on Tuesday & Wednesday.

 

Remind me when the mediation is please?

[sexyfufu]

Hi, Thanks for your help the Mediation is on friday 14th May.

 

Hope you have a nice holiday are you going anywhere nice ?

 

I am going to PM you now with the figures.

[sailor sam]

Hi, Thanks for your help the Mediation is on friday 14th May.

 

Hope you have a nice holiday are you going anywhere nice ?

 

I am going to PM you now with the figures.

 

Hope its not with Virgin Holidays!

[sexyfufu]

Hope its not with Virgin Holidays!

 

 

LOL

[sexyfufu]

Part 1

I am seeking the monies that I paid for some of the "services" that were not provided satisfactorily, Losses i incurred and compensation as an integral part of the contract is that enjoyment is provided, as you can see from the particulars of my claim i feel Virgin holidays failed myself and my husband on many occasions.

 

Short Summary

 

 

I Booked my holiday with Virgin Holidays on 26th December 2008 from the day i booked it i encountered one problem after another.

• Getting my husband's name wrong on all the wedding documentation
  
• Virgin Atlantic putting a hole in my suitcase which made me cry thinking my wedding dress had been damaged ( Iwas not allowed to carry this on board the aircraft)
  
• On the 2nd day into our holiday to Disney World woken by workmen renovating a room couple of doors down.
  
• Wrong Flight information given from Orlando to The Bahamas
  
• The Plane had wires by my feet and made me feel unsafe.
  
• The Hotel in the Bahamas being dirty and not has advertised. This was not the standard i had paid for or expected.
  

Part 2

The Second Defendant (MBNA) is jointly and severally liable under s75 of the Consumer Credit act 1974 as part of the payment for "services" to be provided by VH was paid for by credit card provided by MBNA.

 

On every leg of my Dream holiday there was a problem, this should of been one of the happiest moments of my life all i have is bad memories of what went wrong.

 

If the Defendant is willing to settle now they will have to pay £143 (Issue fee £108 and the aq fee £35) but not the hearing fee as more than a week is left till the hearing. If VH do not settle quickly they will then have to pay the £300 hearing fee and additional daily interest that i will not waive.

 

I know alot of this is already what you wrote in the post above, if you think this is okay i am going to print it out and use this, I have sent all my figures by PM, i will post these up after mediation.

 

Legal, do you normally get a outcome to the mediation on the same day ?

 

If anyone has any suggestions or think i have missed something out or just done it totally wrong i would be very grateful.

 

Thanks

[legalpickle]

sexyfufu,

 

Sorry for the delay in responding to this & your PM's.

 

I am thankfully on holiday and enjoying myself immensely! Considering I haven't been on holiday in 4 years this was a long overdue holiday!

 

Your PM looks pretty good. I would however recommend having either somebody near you to bounce figures off at the time if a slightly lower offer is given.

 

I would also recommend calculating what the percentage of your claim - both with interest at the date of issue and without interest at the date of issue - the bottom line figure is. Don't say you'll waive some claims if they settle others, as this could be seen as an admission of weakness in some parts of the claim. Only do things in percentages.

 

Decisions are normally made on the day in the mediation session, though sometimes - especially with larger companies - they need to go back to get final authorisation for the amount, in which case they may not be able to give a final answer for a couple of days.

 

Once they have agreed, you should ask for confirmation of their agreement by e-mail and/or fax, and the cheque paid - in full - within 14 days. Once you receive payment, we'll prepare a notice of discontinuance.

 

I am not saying whether or not your figures are acceptable. Only you can say this. If you feel you accepted too little afterwards because I advised you that way you will forever regret it.

 

Regarding your breakdown. I recommend you go slightly into a bit more detail. Use harsh words, like 'atrocious', 'disgusting', 'dangerous', 'scary' and the like. These expressions will impress more upon the mediator how angry, disappointed, upset and frustrated you were, so he/she can forward that onto VH. Explain that it was your honeymoon, and instead of an enjoyable once in a lifetime experience with amazing memories, you only have atrociously depressing and painful memories of it - which can never be repaired!

 

It's Ok to be emotional, just not TOO emotional. You're a litigant-in-person and it's an emotional case.

 

Good Luck!

 

Please keep me posted on Friday!

[MARTIN3030]

Hmn holiday ?

Was wondering where you got to.

Anywhere nice ?

[legalpickle]

Hmn holiday ?

Was wondering where you got to.

Anywhere nice ?

Yup. Israel. And loving every minute!

[honeybee13]

Hi legalpickle, I hope there's no volcanic ash where you are. I don't think I've posted on this thread, but I've been following it for a long time.

 

I hope you're having a proper rest and not spending all your time on this site. All rest and no play, after all...... Have a great time.

 

HB

[sexyfufu]

Its going to court...

 

They would not offer anymore only £1,100.

 

The mediator said to me i can see if from both sides its the emotional side for you but the business for them.

 

The mediator said with us having emails to and from Virgin really we didn't need to go down the Mediation route.

 

One thing he did say when asking my lowest figure was, The last email i had sent them offering to settle, this figure has now gone up. Why

 

I said i was giving them a chance to offer without it going to court but really with this offer of £1100 feels like a kick in the teeth to me.

 

There is no way i am willing to accept this, he even went back and asked for more and they said NO.

 

Sorry if there is any spelling mistakes.

[sexyfufu]

The mediator had not even seen my case is this normal.

 

He also asked if i had seeked Legal advice then went on to ask which solicitor because he knew them in this area. I said my company solicitor had advised me, where i work.

 

If i was to lose this case what would i have to pay just court costs ie £444 ?

Edited May 14, 2010 by sexyfufu

[sexyfufu]

Yup. Israel. And loving every minute!

 

Im glad your having a great time. Put your feet up and relax..

[sexyfufu]

I need to start preparing for court, I fly out to isle of Man a week on Monday so want to start now.

 

Do i need to give the Judge anymore documents before the hearing, i know when i filed i gave all the attachments. Will he need these again ?

 

Does anyone have any advice about the hearing ?

[sexyfufu]

I have now had Virgins Defence they are relying on some emails from Breeze Bahamas and Disney.

 

Disney said We were not informed because it was only minor works.

 

I am going to get a withnes statement from my mom and sister stating otherwise.

[Guest Old_andrew2018]

Do you any contact details for other guests who were at the hotel, their statements might carry more weight

[sexyfufu]

Do you any contact details for other guests who were at the hotel, their statements might carry more weight

 

At Disney only my mom and sister. ( they complained to Virgin and got 75% off the hotel at Disney back) due to these works.

 

At Bahamas we didint keep in touch with anyone. I didnt know wether to print some reviews out from trip advisor of the time we were staying there so the judge could see their views but i dont know how that would stand in court.

[sexyfufu]

I also have a few photos to prove otherwise of the work this was not minor.

[Guest Old_andrew2018]

Is there any way of contacting the contributors on trip advisor asking for statements. I doubt that you would be allowed to produce these reviews, even if you did they could be countered with many positive reviews from the trip advisor site.

[sexyfufu]

Maybe i could try.

 

There is alot more negative reviews than positive for the hotel in the Bahamas.

[sexyfufu]

I will tonight / tomorrow start posting up some of Virgins defence. Some documents they are relying on is also in my attachments so i will not post these.

 

I hope legal is back soon

[sexyfufu]

Please find Virgins defence attached.

 

They have also included the following the same has mince so i have not posted these.

 

Brochure Page of Breeze Bahamas

Copy of Invoice

Attachment 2 and 3.pdf

Attachment 5.pdf

[legalpickle]

Hi All & especially sexyfufu,

 

I'm back - unfortunately - after having the time of my life on holiday!

 

The documents submitted are not defence documents but hearing documents. Were any more documents submitted? Please upload them here ASAP. Was there any cover document to these documents?

 

When is the hearing scheduled for? Have you paid the hearing fee?

 

I think glancing through I saw somebody post that there are bad reviews on some of, or one of the hotels mentioned. Please search the web for reviews of the hotels concerned and PM me the links to vet and provide an opinion if they should be used.

 

I know you're on a break sexyfufu, but if you could please respond ASAP, I should be able to finish all that we need to do on this by Sunday.

 

The Sabbath goes out at 10:47pm this week, and because we bring in the Sabbath early I'll be unavailable from Friday around 6:30pm-ish till about 11pm Saturday night.

 

I'm in meetings from 7:20pm till 9:30 or 10:30pm tonight but should have some time after that and tomorrow morning as well as Sunday.

 

Be in touch soon,

legalpickle

[sexyfufu]

Hi

 

They put a cover of their defence as number 1. If that makes sense.

 

They are hearing documents they have sent.

 

I sent in a cover letter with the hearing fee.

 

I will try to get on as much as possible.

 

The hearing is on tue at 10am

[legalpickle]

Hi

 

They put a cover of their defence as number 1. If that makes sense.

 

They are hearing documents they have sent.

 

I sent in a cover letter with the hearing fee.

 

I will try to get on as much as possible.

 

The hearing is on tue at 10am

The documents you attached are not a defence, so my understanding from your above post is that they attached their defence a second time. Have you checked that their "defence" that they attached in the hearing documents is EXACTLY the same as the defence you originally received? Please do and confirm.

 

If there is anything else they sent - an explanation letter of any sort - please attach. I'll be online Saturday night or Sunday morning all being well.

 

Please search the net for reviews of the hotels you stayed in and PM me links to those reviews - anybody else who can contribute it would be much appreciated.

 

Do you have fax numbers for MBNA & VH (legal teams dealing with this in both)?

 

Providing you and your husband have your evidence straight, and go through everything you have written in the Particulars of Claim and Response to Defence in detail, to make clear that you know what has been said and written, I think we should be Ok with just drafting a short "response" to their evidence which you don't need to submit to court, but can utilise at the hearing.

 

Please be back online early Sunday morning or late late Saturday night.

[sexyfufu]

Ok I will check all docs and post up in the morning