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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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Thomson holiday missold accident/incident


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I have made numerous formal complaints already with no success, I have also complained to abta with no success. Is court action the next step and if so how much can I claim from them.

 

I will try to keep this to the point.

 

Booked a holiday to Tunisia all inclusive, me my partner and 12 month old daughter. We booked the destination based on the short flight 2h35m and a transfer of 20 mins. This was incredibly important as my daughter was an awkward age, very difficult to keep her occupied and she had recently stopped breast feeding so food stops very important. The flight turned out to be 3h35m and the transfer 45m. I know delays can always happen but there were absolutely no delays, the pilot actually announced we were 10 mins early. Thomson simply advertised the time wrong and still do!

There was more mis advertisement ie: photos of a lush indoor pool which turned out to be a pay as you go spa pool, the actual indoor pool was tatty run down and small. Again another main point of booking as we have the 12 month old.

We had numerous service issues but I know these are a bit subjective. We had problems like only 3 (broken) high chairs for the entire hotel.

The cot that was provided on arrival was very dirty and had about 5 of the upright bars missing, I had this swapped with an hour of arrival. It was swapped for a brand new one. My daughter slept well for the first two nights, on the third she slipped though the bars legs first and ended up hanging by her her head/neck. Luckyly I heard her crys and woke to save her, the rep the next morning actually laughed and asked if I had photos of her allegedly slipping through the bars!!! No other cots were available so you can imagine how we slept from there on.

I'd had enough so I paid for a hotel swap, the rep passed me a brochure and said pick one. After explaining I had chosen this hotel and failed so I asked that she used her experience in the area to choose a hotel for us that provided a/c, facility's for my daughter and food that would suit my daughter. We then moved to a new hotel on day 4 of 7, it didn't have a/c even though the brochure and rep said it did! It was very hot at night!

 

Apologies for the way this post is bashed out, I am on my phone and have lost all my text once already. If I think of anymore major points I will add them below.

 

James.

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That is probably only half of the points worth making. Although I did forget a major one, I tripped over a bolt stuck out of the ground in a walkway in the dining area, broke my front tooth, twisted my knee and bruised my side.

Do I have a case in small claims and what do I claim for?

James.

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Have you tried a "personal" approach to the CEO we did this a few years ago and had resolution within a week?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Google Thompsons company details, search for name of CEO and HO address.

 

 

Mark the Letter " Private & Confidential"

 

 

Formal Complaint.

 

 

Ensure that your complaint is in logical order all details of what you consider was wrong, then set out clearly what you require the company to do to resolve your complaint.

 

 

Send by recorded signed for post check delivery. (avoid using address with a PO Box number it might not get signed for).

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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OK thanks for your reply. Is it your opinion that court action is not the way forward? I have two very well written letters ( my partner wrote them) that we have already sent to Thomson. We could send these on the the appropriate person. What is your opinion money wise? Myself I'm wanting a full refund, full refund of expenses and compenstion for loss off a holiday and suffering.

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IMO yes a full refund is appropriate.

The problem is "letters" are only seen by staff in customer (dis) service departments/ complaints department that work to the company "script" if your complaint does not fit their scheme it gets rejected, it is always best to start at the top especially when a considerable amount of money is concerned.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 1 month later...

you can usually find the email addresses of the ceo's and contact them directly.

 

usually email addresses are structured as name logins ie: j.Smith(at)holidays.com

 

so if you can find the top dogs name out it would be t.dog(at)holidays .com

 

if that makes sense.

 

always works for me

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Hi

This is the only email address I can find

 

[email protected]

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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OK thanks for your reply. Is it your opinion that court action is not the way forward? I have two very well written letters ( my partner wrote them) that we have already sent to Thomson. We could send these on the the appropriate person. What is your opinion money wise? Myself I'm wanting a full refund, full refund of expenses and compenstion for loss off a holiday and suffering.

 

Court MAY (later!) be the way forward.

 

For now, you have had good advice.

If it later comes to court they won't be able to even hint that you haven't tried all reasonable measures to avoid it going to court, which is one of the court's expectations.

 

Even with these, were it to need to go to court you'd need to send them a "letter before action" setting out what you want, why, and giving them at least 14 days to settle before you start court proceedings. Again, this is an expectation of the court to leave court action as a "last resort".

If it becomes necessary : CAG can help you write it.

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