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    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
    • Hmm, that's strange how they got my email then.  I assume the below is ok to send to DCBL, Nicky?  Hello, I am writing regarding our ongoing dispute and the upcoming court claim reference xxxxxxxx. To ensure fairness and transparency in our communications leading up to the court hearing, I request that you use postal mail exclusively for all further correspondence related to this claim. Please refrain from sending any communication or documents via email. Thank you for your understanding and cooperation. If you have any questions or need clarification, please feel free to contact me via postal mail at the address provided above. Yours sincerely, xxxx
    • In the SAR, I received the original application, lots of computer print outs, yearly statements from 2013 and the new emails regarding my complaint. They sent me a £50 cheque after I chased them for the SAR after the 30 days. They said they was waiting for me to respond to an email (which I never received) before sending the SAR
    • classic P2G. I'm sure dianne and Lesley will pop an email to you at some point.
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Thomas Cook refuse to pay refund after Tunisia terror attack saw holiday cut short!


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On the 24th June 2015, I was part of a group of 17 family members that went on holiday through Thomas Cook to Tunisia

 

Unfortunately, during our time in Tunisia the ISIS terrorist attack took place, which meant our holiday was cut short and we had to return home early. We had only enjoyed 2 days in Tunisia; and we returned home on the third day (28th June). On the morning of the 28th of June we were informed that due to the terror attack taking place, Thomas Cook would be sending out 10 rescue flights for UK tourists to return home.

 

As we feared for our safety, and felt our lives were at risk; we decided the best thing to do would be to catch one of the rescue flights home. As mentioned earlier, we were a group of 17 people, however it must be noted that 10 of the group were in fact children that we had a responsibility for. Therefore, as well as keeping ourselves safe, we felt that it was imperative that we put the safety of our children first and return home at the earliest opportunity.

 

Our holiday had been ruined; but we were confident that Thomas Cook would look after us, and compensate us for the experience we suffered. However, much to our disappointment, Thomas Cook contacted me on the 17th July 2015 and informed me that they would not be paying any compensation; but instead, were offering a ‘good will gesture’ which meant we would only be getting money back for the days we did not spend in our accommodation.

 

My original holiday booking for 2 adults, and 3 children totalled £1527.96p. Yet Thomas Cook have offered me £436.56 back, (wait for it…) ‘in travel vouchers’, (and the best yet…) that need to be used by July 2016! Thomas Cook customer relations have told me that there is nothing I can do to appeal against this decision, and under no circumstances would they be offering the insult of £436.56 back in cash either.

 

The most the lady could advise was for me to contact ABTA (which I have and have had no joy). I kindly told the lady from customer relations that I would not be accepting there so called ‘good will gesture’ of holiday vouchers, and simply told her that I would take this matter as far as possible until Thomas Cook offer me a full refund in cash; or at least in holiday vouchers so I can book another holiday for my family!

 

The worst thing is that following the terror attack at the museum in Tunis in March, we as a family decided we no longer wanted to fly to Tunisia as we felt that our safety was under major threat. After researching the Government web site, it advised that if we were concerned about threats of terrorism in a country we would be visiting, we should seek advice from our Travel Operator, which we did. We expressed our concerns to Thomas Cook who did not show any concern or thought for our safety.

 

We were told that the Foreign Travel Office had not advised against travel to Tunisia, and any amendments to holiday bookings done free of charge would be at the Tour Operators discretion. Although this was the case, our travel agents contacted Thomas Cook’s Head Office who clearly stated that we could not change our holiday free of charge. We were strongly advised that if we wanted to make amendments to our travel arrangements, we would have to pay a minimum of £150 per head, and we were told that this cost could total up to £500 per person depending on what changes needed to be made.

 

For this reason, we felt as though we were being forced to go to a country wrapped up in terrorism as we simply couldn’t afford to pay amendment charges for 17 people. This was still the case after strongly emphasising our views and concerns as to why we did not want to travel to Tunisia.For this reason we feel that Thomas Cook did not act responsibly and that our health and safety was disregarded. Thomas Cook and the Foreign Office were aware of the high risk of terrorist attacks within Tunisia and still chose to send British tourists over there, resulting in 30 British Citizens losing their lives.

 

Those same people that lost their lives may well have been in my same position, but like us were forced into a holiday they no longer wanted to partake in! I feel nothing but let down by Thomas Cook. They have in no way done us any justice as customers and in fact have robbed me of over £1000 pounds for a 2 day holiday to Tunisia that was cut short due to circumstances out of my control. Had Thomas Cook considered our fears in the first place, we wouldn’t be in the situation that we are in now. Furthermore, Thomas Cook could have given some consideration to the matter and at least offered another holiday for the same price we paid, if they do not want to give us a cash refund.

 

How can they justify not compensating us, yet those people that were not in Tunisia at the time, but had a holiday booked to go there, have been offered a full refund, or a chance to amend their holidays free of charge, due to the Foreign Travel Office advising against travel two weeks after our holiday. Surely if the Foreign Travel Office have deemed Tunisia as too dangerous to visit following the events, then that must justify our decision to return home from our holiday early through fear of our safety!!

 

What I am trying to do, is attract as many people as possible that are currently in the same situation as me. On the day we returned home, there were hundreds of people at the airport that were also returning home early due to fear for their safety. It would be useful if I could round up these people by bringing this issue to media attention, and maybe… just maybe… Thomas COOK (Potentially Defamatory remark edited - SS) will pull their fingers out and refund us our money that they have TAKEN I’m sure Thomas Cook profit by millions each year, so why not offer us compensation when they can clearly afford to do so.

 

If anyone has any advice, or can signpost me to someone or somewhere that can help, please please do so. I refuse to accept this lying down!

Edited by Sharlene82
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Wow Wall of text.

 

I am going to format it so that it is readable

 

Please also re read the Site Rules esp in regards to defamatory posts. I have had to remove 2 bits that might of got both you and CAG in trouble.

 

So please state what you are looking for, there may be a better forum on here that your thread should be moved too

 

Regards

 

SS

Edited by SabreSheep
Additional info added

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Wow Wall of text.

 

I am going to format it so that it is readable

 

Please also re read the Site Rules esp in regards to defamatory posts. I have had to remove 2 bits that might of got both you and CAG in trouble.

 

So please state what you are looking for, there may be a better forum on here that your thread should be moved too

 

Regards

 

SS

 

 

Thank you SabreSheep, you're a star! I did try, but wasnt sure how to do it! My apologies for the term i used also. My last paragraph states what it is i am looking for... Thanks for your help :)

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I have moved your thread to the correct forum and tweeted a link.

 

I think this will also be tweeted on the Thomas Cook link as well.

 

I haven't a clue how to post anything on the CAG Face Book pages, but hopefully someone will pick up on this and pop your story on there as well.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you citizenB... Your help is much appreciated. Can you please send me the links so I can get to the forum and Twitter page too. I'm new to CAG, so I'm unsure how to use it properly. Thanks in advance 😊

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Sharlena,

 

I have attached a copy of the CAG newsletter - on the right hand side you will find the button for the facebook page and at the very end of the newsletter you will find the twitter button :)

 

[ATTACH=CONFIG]58705[/ATTACH]

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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DUH !! , I see that all the site team carry a twitter button under their avatar.. you can click on that :) I think you might need to register on twitter, I am not certain.

 

There is also a twitter link at the top left of the screen.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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DUH !! , I see that all the site team carry a twitter button under their avatar.. you can click on that smile.png I think you might need to register on twitter, I am not certain.

 

 

 

There is also a twitter link at the top left of the screen.

 

 

 

Thanks citizenB ☺️ I've now found them all

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DUH !! , I see that all the site team carry a twitter button under their avatar.. you can click on that :) I think you might need to register on twitter, I am not certain.

 

There is also a twitter link at the top left of the screen.

 

Yes you need to be on Twitter to take part in that side of things.

 

Travel insurance curtailment claim ? Check with the Insurers.

 

Thomas Cook will only refund what you did not enjoy, which would be the hotel days remaining. I think they can refund in vouchers and not cash. Thomas Cook would have paid the hotel and they would not get the money back. I suspect TC claim on there own insurance to cover what they are paying in vouchers. There is not pot of money coming back from the hotel to pay people.

 

I know you did not enjoy the holiday. But you had 2 days hotel and 2 flights. TC refund the unused hotel and then you seek to cover other losses on Travel Insurance.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Yes you need to be on Twitter to take part in that side of things.

 

Travel insurance curtailment claim ? Check with the Insurers.

 

Thomas Cook will only refund what you did not enjoy, which would be the hotel days remaining. I think they can refund in vouchers and not cash. Thomas Cook would have paid the hotel and they would not get the money back. I suspect TC claim on there own insurance to cover what they are paying in vouchers. There is not pot of money coming back from the hotel to pay people.

 

I know you did not enjoy the holiday. But you had 2 days hotel and 2 flights. TC refund the unused hotel and then you seek to cover other losses on Travel Insurance.

 

Hi unclebulgaria67... This is actually what Thomas Cook have said. They will only refund for the days we did not spend in the hotel. This I believe is unfair, as when we were told emergency flights were being sent to collect us, at no point did they say we would not get our money back. Due to the circumstances, I feel that Thomas Cook could give some consideration to the matter and refund us through courtesy. Why I say this is because all Thomsons customers in the same situation recieved a full refund or free amendments. It's just so unfair. Over £1000 pounds paid, for a 2 day holiday!!

 

I have also spoken to my travel insurance and they have informed me that they do not cover terrorism, therefore I feel stuck as to where to turn next, I do not want to accept that I will not get my full money back, and neither do I want the pittance they are offering me in vouchers! I am thinking of going through the small claims court but who knows how far I'll get and what charges it will incur...

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In my opinion TC are offering what is the minimum. Don't think there is any legal basis for more.

 

Most of the cost of the holiday would have been flights. You did have flights out and back. Ok the return flight was earlier, but you did have a flight.

 

Yes Travel Insurance may exclude under terrorism.

 

If you want other opinions, there are a few Travel experts on Moneysavingexpert.

 

Don't go issuing court claims, as they will defend strongly . Other people will be in the same position. Best to apply pressure through online and media attention.

 

Simon Calder is an expert worth searching for. I think he writes in the Telegraph and appears on TV media. Would be surprised if he had not written about this type of issue, as he knows his stuff.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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If you are to progress this through the small claims path, you are going ot need ot demonstrate WHY they have a legal liability to refund you for the time that you did spend there.

 

Despite any perceived morale obligations, its the legal that will make your argument. Saying company X refunded it all so TC should do the same will not cut it.

You will need to check your T+Cs

You will need to know the statutory obligations of a tour operator vs the OFFICAL threat level in the country.

 

This is not likely to be a simple case sadly.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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