Wedding Honeymoon one problem after another

[sailor sam]

In addition to this excellent advice from LP; can I suggest that you note down some questions you may want to ask the respondent relating to the various definative aspects of the claim. For example; ask if and when were you advised before arrival at Disney, that this building work in very close proximity to your room, was made to you... if they answer giving a date- ask them to provide the letter or indicate where it is in the bundle. There must be a few questions like that that you want to ask so I suggest you write them down and present them if necessary.

 

Personally, I wouldn't be suprised if their rep/agent/solicitor takes you to one side before the hearing and ups the offer!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[legalpickle]

In addition to this excellent advice from LP; can I suggest that you note down some questions you may want to ask the respondent relating to the various definative aspects of the claim. For example; ask if and when were you advised before arrival at Disney, that this building work in very close proximity to your room, was made to you... if they answer giving a date- ask them to provide the letter or indicate where it is in the bundle. There must be a few questions like that that you want to ask so I suggest you write them down and present them if necessary.

May I respectively disagree with sam's advice here.

 

The bundle of documents has already admitted that there was no prior advice of the building work - as it has claimed that it was minor. Slaving over some topics and asking them questions is likely to open a can of worms. These people are trained in avoiding the question.

 

They may also try to open up mitigating circumstances of not being aware of something. Try your utmost to not give them any such opportunity. And if they do try to raise any such mitigating circumstances answer something like this: With respect, it is clear from Virgin's documents that their relationship with the relevant resorts binds the resorts to be ultimately liable for such events. It would most likely be the case that if this honourable court rules in my favour Virgin would be able to claim from the relevant resorts their losses in relation to these issues. Thus, any attempts at raising mitigating circumstances by the Defendant must be respectfully dismissed.

 

Do NOT state this unless you are compelled to, and use your own words - don't sound so much like a lawyer!

 

If you do have any genuine questions of Virgin, feel free to ask them, and yes, do make sure everything is down on paper beforehand, but watch yourself VERY carefully to make sure you don't open cans of worms.

 

I must recommend that EVERYTHING is written down BEFORE the hearing and if ANYTHING crops up in your head during or in the minutes before the hearing you write it down immediately.

 

From personal experience, there is rarely much that is more depressing than walking out of the hearing room and remembering things you though you should have said!

 

Personally, I wouldn't be suprised if their rep/agent/solicitor takes you to one side before the hearing and ups the offer!

Neither would I - but:

 

I am extremely weary of talking to these prats before the hearing. They are trained in trying to twist your every word and will undoubtedly try to trip you up! If they approach you, be firm but polite. If they try to convince you that you don't have a case, just state clearly that you refuse to discuss the case before the hearing as it has come so near to the hearing and that if they want to make a reasonable offer you are open to hearing it, but otherwise you go before the District Judge.

 

Do NOT talk to them more than that! Do NOT approach them, leave it to them to approach you!

 

Finally, costs. When and if you succeed - which I sincerely hope you will - ask the DJ for costs. Explain that as a Litigant in Person you have spent many hours on seeking advice and it took you a long time to collate the bundle of documents that you collated.

 

Give an estimate of 12 hours spent on the case from start to finish (i.e. from preparing the Particulars of Claim) as much more than that may seem unreasonable. State that in accordance with CPR 27.14(2)(g) you believe that Virgin have been unreasonable in defending your claim, especially considering the substantial photographic evidence you have provided, and thus in accordance with CPR PD 43-48, Section 52.4, as a Litigant-in-Person you believe you are entitled to £9.25 per hour which comes to £111. Explain that you have made several reasonable offers to Virgin which they have obstinately refused.

 

IF you fail (or get less than or the same amount as they offered) do NOT raise the issue, and if they try then advise that as a Litigant-in-Person and the claim being on the small claims track costs should not be entertained, especially as considering the substantial photographic evidence you could not have been deemed to be unreasonable.

 

These costs are in addition to the court fees you have incurred.

 

There's nothing left for me to say other than GOOD LUCK!!!!!!!!

 

I hope to see a positive result when you get back from court this afternoon.

 

Gotta run!

[sexyfufu]

Thanks all and especially legal pickle.

 

I will be back on this afternoon and let you know how i got on.

[sexyfufu]

Well Im back, After being at the court all day.

 

The Judge took 90 mins to decided what to do.

 

I won my case but he did'nt award much money.

 

He awarded me the total sum off

 

£749.99 Plus interest.

Virgin Moaned that because the claim was over stated the costs were alot higher than they should of been so i was only awarded 50% off the costs.

 

All together i will get just shy of £1100.

 

Thanks for all your help everyone, A donation will be made to CAG upon reciept of the cheque.

[sailor sam]

Although you won, I think you have been hard done by to be honest. This is a drop in the ocean to Virgin, hardly encourages them to get things right for others does it? Wonder waht LP thinks.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[honeybee13]

Hi sexyfufu and congratulations from me. I haven't posted much, but I've been following your thread.

 

I think you've done well, and a donation to CAG is a lovely thing to do. Well done also to legalpickle. I read the comments on what to do at the hearing and thought I would have real trouble doing all that myself, especially against people who are taught how to play hard ball.

 

I hope you can heave a sigh of relief and move on with your life now. What will you do with your spare time?

 

HB x

[sexyfufu]

Thanks.

 

It was hard work in court we were in there all day.

 

The judge took 90 mins to come to a decision.

 

We were in ourt 11-13.00 then back in at 14.40 till 15.30

 

The judge did say how well the case was set out thanks to legal. I couldn't of done it without him and very thankfull. I would still like to send him a nice bottle of something if it is allowed.

Edited June 10, 2010 by sexyfufu

[GuidoT]

I am sure LP would appreciate a bottle or even a jar of pickles.

 

Nice work LP and Sexy.

[legalpickle]

Well Im back, After being at the court all day.

 

The Judge took 90 mins to decided what to do.

 

I won my case but he did'nt award much money.

 

He awarded me the total sum off

 

£749.99 Plus interest.

Virgin Moaned that because the claim was over stated the costs were alot higher than they should of been so i was only awarded 50% off the costs.

 

All together i will get just shy of £1100.

 

Thanks for all your help everyone, A donation will be made to CAG upon reciept of the cheque.

Bloody hell! What happened? Did the judge give reasons?

 

The claim wasn't overstated, but as they had made a similar offer, you were lucky Virgin didn't even get travel costs.

 

legalpickle is annoyed!

 

Although you won, I think you have been hard done by to be honest. This is a drop in the ocean to Virgin, hardly encourages them to get things right for others does it? Wonder waht LP thinks.

legalpickle agrees!

 

Hi sexyfufu and congratulations from me. I haven't posted much, but I've been following your thread.

 

I think you've done well, and a donation to CAG is a lovely thing to do. Well done also to legalpickle. I read the comments on what to do at the hearing and thought I would have real trouble doing all that myself, especially against people who are taught how to play hard ball.

 

I hope you can heave a sigh of relief and move on with your life now. What will you do with your spare time?

 

HB x

I think sexyfufu is taking this a lot better than I would! I'd be royally peeved off! By all standards she was entitled to more!

 

Thanks.

 

It was hard work in court we were in there all day.

 

The judge took 90 mins to come to a decision.

 

We were in ourt 11-13.00 then back in at 14.40 till 15.30

 

The judge did say how well the case was set out thanks to legal. I couldn't of done it without him and very thankfull. I would still like to send him a nice bottle of something if it is allowed.

I'd surely appreciate a nice bottle of whisky (or wine - but must be Kosher, whereas all Scotch whisky's are fine), but not sure I deserve it considering you didn't get nearly as much as you deserved. You'd have to seek permission from the mods to give me anything though.

 

What happened? From your above post it seems like the judge wasn't a brat, so why did he/she reach such a low amount in verdict?

 

I am sure LP would appreciate a bottle or even a jar of pickles.

Lol! Got a nice supply of pickles thanks!

 

Nice work LP and Sexy.

Thanks, but I'm a bit peeved off with the low amount!

[sexyfufu]

Basically Virgins terms and Conditions covered everything..

 

he accepted the claim for the suitcase.

 

Didn't accept the car hire or fuel which i thought he might not

 

They asked me to prove if the flight was safe, they would of had to have a safety certificate so they refused the internal flight.

 

He could understand Disney with the photos ect

 

Bahamas he said that the only thing effecting the holiday was the pool which would of effected our holiday but seems we had no issues for the food and drink he could not award us a full refund.

 

Virgin basically kept making out we had paid a average price for average accomodation and u had enjoyed the food and drink ect ect.

 

Thats how he came to his decision, i tried to fight as hard as i could.

[sexyfufu]

Please can a mod confirm if its ok for me to send legal a Bottle ?

 

This is to thank him for all his hard work in helping me..

 

I was peed off at first but then i think I WON....

 

And they must of paid their solictor quite a bit.. So it was worth it because it messed Virgin about and she missed her train LOL

[legalpickle]

Basically Virgins terms and Conditions covered everything..

 

he accepted the claim for the suitcase.

 

Didn't accept the car hire or fuel which i thought he might not

 

They asked me to prove if the flight was safe, they would of had to have a safety certificate so they refused the internal flight.

 

He could understand Disney with the photos ect

 

Bahamas he said that the only thing effecting the holiday was the pool which would of effected our holiday but seems we had no issues for the food and drink he could not award us a full refund.

 

Virgin basically kept making out we had paid a average price for average accomodation and u had enjoyed the food and drink ect ect.

 

Thats how he came to his decision, i tried to fight as hard as i could.

I'm sure you did fight your best. I would have answered that the t&c's can't exclude loss of enjoyment, and that the flight was promised was different, so even if the plane was safe enough to fly, you couldn't enjoy the flight, and as such they were liable for at least part of the monies.

 

Shame I couldn't be there, I would've loved to stick one at Branson!

 

I think the judge made the wrong decision, but unfortunately appealing is not cost effective and is too risky.

[sexyfufu]

I did argue the point that i thought we were flying on US AIR as stated on our Invoice.

 

The Judge was nice and did have a go at the Virgin Woman she went off on one and he said it was not criminal proceedings LOL.

 

I think the Judge should of awarded more but i WON and they LOST..

even if it was lower then expected. It shows we don't all give into them.

 

Oh and if im allowed a nice bottle of whiskey will be coming your way.

 

And there is no way i want to even think about appealing.

[legalpickle]

I did argue the point that i thought we were flying on US AIR as stated on our Invoice.

I'm sure you did your best. For somebody without any legal experience it can be very intimidating going up against such prats, so you did well.

 

The Judge was nice and did have a go at the Virgin Woman she went off on one and he said it was not criminal proceedings LOL.

I wish I could've seen her face!

 

I think the Judge should of awarded more but i WON and they LOST..

even if it was lower then expected. It shows we don't all give into them.

True. At least the Judge was nice to you. It makes it easier to deal with.

 

Oh and if im allowed a nice bottle of whiskey will be coming your way.

Thanks! A mod should be coming along soon to advise. I could do with replenishing my supply, almost running out & my trip means I can't buy another bottle for a while!

 

And there is no way i want to even think about appealing.

Smart decision.

[HSBCrusher]

I'm sure the odd bottle of the amber nectar wouldnt be a problem ;-)

[legalpickle]

I'm sure the odd bottle of the amber nectar wouldnt be a problem ;-)

Ta!

[HSBCrusher]

I'm partial to a bottle now and then myself.

 

(that is NOT a hint by the way)