Thomas Cook Rep and a Debit Card Payment

[stuscfc1883]

hi guys, I need some help please.

 

I recently returned from a family holiday to the Gambia,

where on our first day we attended the TC Rep's Morning Reception Talk to give us an overview of the resort etc.

 

We booked 2 excursions which totalled approximately £297 but they took £3100'ish which took me overdrawn

and of course i've been hit with costs and several returned DD's which compounds my problem.

 

The main problem was the fact I didn't have an overdraft facility,

so firstly i've hit the bank for an explaination why they allowed £3k to be taken when a facility wasn't in place

and secondly to TC to complain and recoup the money plus costs.

 

As this happened on day 1,

it didn't actually leave my account until day 8,

in which time i'd spoken to several departments in my bank only to be landed

with a foreign muppet who didn't have any concept of my situation.

 

This has ruined our holiday as i've not been able to access any funds for the second half of the holiday

until my wife rang her bank to ensure she could use her Debit Card abroad

without the fraud dept stepping in etc.

 

We had to eat at the hotel for a couple of evening meals whilst my wife sorted her bank out a

nd the telephone calls on mobiles and landlines from the room are clearly being added to my complaint.

 

The TC Rep kept telling me that the bank were going to return the funds etc

but as yet it still hasn't been returned and i'm not building my hopes up that this will happen to be honest.

 

Hopefully you guys can advise how best to complete my complaint to both the Bank and TC.

 

Thanks in advance.

[dx100uk]

so it was paid by debit card?

 

dx

[stuscfc1883]

yes, on a hand held terminal and then signed for on the receipt . . . however the receipt didn't carry the ££ or Dilassi value and the point of my entering my pin number didn't display the value either, so I didn't pick up on it . . .

[dx100uk]

can you could of done a chargeback there and then

 

anyhow

i'll let the forum respond

[i hate bailiffs]

Get chargeback from the bank they should refund it straight away and investigate afterwards

 

But sometimes they like to investigate it before any refund

 

You may need to change any income into another bank for now to prevent bank taking fees out of it

[stuscfc1883]

Thanks . . . spoke to the bank yesterday, said it should take 24 hours . . . lets wait and see . . .

[stuscfc1883]

bank have refunded all but the £297 which was the cost of the trips . . . now for Thomas Cook . . .

[Woodburn]

Well, I have had a bad experience with these guys in the past. But try asking for a refund from them. seems genuine and they should address your concern.

[stuscfc1883]

hi guys, this is still dragging on!!!

 

I had all but the cost of the trip refunded by the banks in question,

 

 

however, Thomas Cook is another thing . .

 

 

. we incurred £270 costs for bank charges, including various bounced DD's etc, telephone costs to the UK

and several extra meals at the hotel whilst we sorted an alternative way of getting some money . .

 

 

. so all in all TC have offered me £400 in Cash or £800 in vouchers . .

. really not sure i'm happy with that seeing as though this happened on Day 1 of a 2 week holiday

and in fairness put a dampener on the entire holiday and joking aside

it was stressful knowing i couldn't do anything about it until we got back to the UK . .

 

 

. just want to know whether TC can increase this offer as a general rule of thumb?

 

 

any advice guys?

 

 

TC aren't budging at the moment . .

 

 

. they're waiting for my next play

 

Thanks in advance chaps n chapesses . . .

[dx100uk]

have you detailed you losses

I assume you have?

 

 

dx

[stuscfc1883]

yep, actually hard fact losses were £270, i've asked them for that in cash and £1250 in vouchers for the stress of it all but they're saying £400 cash or £800 vouchers as full and final settlement . . . but don't know what rights i've got to demand real compensation

[ssparks2003]

I personally think that is a good offer from them, why do you feel that £1,250 is a measure of the "stress" that has be caused? how have you come to this figure?

[BazzaS]

yep, actually hard fact losses were £270, i've asked them for that in cash and £1250 in vouchers for the stress of it all but they're saying £400 cash or £800 vouchers as full and final settlement . . . but don't know what rights i've got to demand real compensation

 

How much was the holiday?

How much (on a percentage basis) do you feel it was ruined?.

You can claim for the £270 'hard loss' (that loss which was not refunded by the bank and was incurred as a result of TC's / its agent's actions if they were negligent)

You can claim for the loss of enjoyment.

 

In general (case : Addis v Gramaphone) you can't claim for disappointment under UK law.

However, holidays are an exception (as the main purpose of the contract is a holiday, that is for enjoyment) (case: Jarvis v Swan's tours).

 

http://en.wikipedia.org/wiki/Addis_v_Gramophone_Co_Ltd

 

http://en.wikipedia.org/wiki/Jarvis_v_Swans_Tours_Ltd

[stuscfc1883]

How much was the holiday?

How much (on a percentage basis) do you feel it was ruined?.

You can claim for the £270 'hard loss' (that loss which was not refunded by the bank and was incurred as a result of TC's / its agent's actions if they were negligent)

You can claim for the loss of enjoyment.

 

In general (case : Addis v Gramaphone) you can't claim for disappointment under UK law.

However, holidays are an exception (as the main purpose of the contract is a holiday, that is for enjoyment) (case: Jarvis v Swan's tours).

 

http://en.wikipedia.org/wiki/Addis_v_Gramophone_Co_Ltd

 

http://en.wikipedia.org/wiki/Jarvis_v_Swans_Tours_Ltd

 

The holiday was £5k and actual costs were £270 so £130 compensation doesn't really sit well . . . I know after the event now we are home and no real harm has been done it seems petty, but at the time trust me there was real stress as one of the bounced DDs was to HMRC . . .

[Vauban]

They're great links from BazzaS. But personally I think you would struggle to get a much greater amount of money if you took TC to the small claims court. I can appreciate why the experience was deeply frustrating and stressful, but your losses were limited and the holiday itself was presumably delivered as advertised (unlike Mr. Jarvis' 1970s ski holiday!). Might be time to draw a line under it and move on.

[BazzaS]

They're great links from BazzaS. But personally I think you would struggle to get a much greater amount of money if you took TC to the small claims court. I can appreciate why the experience was deeply frustrating and stressful, but your losses were limited and the holiday itself was presumably delivered as advertised (unlike Mr. Jarvis' 1970s ski holiday!). Might be time to draw a line under it and move on.

 

Except that due to TC's agents error, the holiday wasn't the stress free relaxation anticipated, but had the enjoyment ruined by the stress of the bank issues, which resulted directly and in a foreseeable manner from TC's agent's actions ...... So, the argument is that they didn't deliver a stress free holiday!

 

As this is a "non-pecuniary" loss, it is hard to quantify.

One of the courts roles is to decide IF there is fault, and if so then a further role is to try (as best anyone can) to put an estimated value on any loss.

 

It might be worth researching the awards made in similar circumstances .

 

£5k holiday?? How about £1k cash

(Don't ask them for vouchers : if they ruined one holiday it looks odd to be planning on using them again - if they want to offer a sum in cash or double in vouchers, let them .... It gives you an idea of the margins they are making, though!)

[stuscfc1883]

thanks Bazzas, i'll start searching the net for case studies similar to my situation . . .