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Help!! Money Claim against Thomas Cook - Need help with statement of case!!


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Hi All

 

I have gone through the usual of wrting to Thomas Cook and being denied.

Have just sent the LBA off and have started work on the court bundle.

Can anyone help me with the particulars of claim or does anyone have one they have used?

 

It was a package holiday and everything was wrong.

 

No Assistance on flights, Inbound transfers driven by madmen,

Dirty rooms, faulty showers, no air con, high pressure sales, dirty pools, stinking restaurant the list goes on and on and on.

 

also the money used to pay for the holiday was from a recently deceased family member.

This meant that we felt even more upset then we would normally.

 

Help Peeps!!!!!

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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can you do a chargeback or section 75?

how did you pay?

 

 

more history of your actions to date too.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Piad half on debit card and half on cash

Complained on holiday - they did nothing

complained on return via letter

got denied

LBA - I dont wish to use ADR as ABTA dont let you present your case in person.

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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Moving your thread to General Legal Issues sfuk ...it will be better placed as you require advice on a statement of claim.

 

Andy

We could do with some help from you.

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Anyone?

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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What did you say in your LBA ? Usually the initial claim form is an outline of the claim - which I am assuming you would have identified in your LBA ?

 

 

If you are issuing via MCOL then you are limited to 1080 characters (I think) although you can send a fuller particulars of claim separately.

 

 

You would then expand on your claim when submitting your witness statement.

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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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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

 

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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Basically I reaffirmed what was in the complaint in the lab and gave then 14 days. I'm a bit sketchy on the law to back it up. I'm sure u can use the package travel regs but are there any other statutes or case law I can use?

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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I have flagged your thread for others on the site team. I am sure they will look in on you as soon as they can :)

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

 

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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ty :smile:

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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Have a go at drafting something yourself. If you post it here then hopefully others may be able to look over it and advise.

 

Don't worry too much about the detail but put why you're claiming, how much, add interest at 8% and the court fee.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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The fundamental law is that you entered into a contract with Thomas Cook for a holiday. If Thomas Cook have not delivered what they promised to deliver, then they will be in breach of contract. Minor annoyances/problems are not normally enough to constitute a breach of contract as these are expected on any holiday, but if Thomas Cook have fallen far below what they promised then you will have a claim.

 

The following is a very simple POC which you need to adapt:

1. The Claimant is a travel operator. The Defendant purchased a holiday from the Defendant [briefly describe the type of holiday.]

2. It was agreed that [explain what Thomas Cook promised or agreed].

3. In breach of contract, [explain what went wrong with the holiday - keep it short and focus on the key things].

4. As a result of the Defendant's breach of contract, the Claimant has suffered the following loss and damage: [state exactly what you are claiming.]

5. The Claimant claims damages, interest and costs.

 

You can post a draft if you want input into it.

 

If you want to make a claim under the the Package Holiday Regulations (http://www.legislation.gov.uk/uksi/1992/3288/contents/made), you need to be specific about which parts of the regulation have been breached.

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OK thanks I'll post a draft as soon as it's written

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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  • 4 weeks later...

sorry still on this. Am writing it this weekend and sending off monday. They have responded to LBA so im soldiering ahead.

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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What was their response sfuk?

 

Andy

We could do with some help from you.

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  • 2 weeks later...

From TC after LBA

 

Thank you for your response.

 

I am sorry that you remain unhappy with the response. The decision made has been overlooked again by one of our management team who have agree that the decision made is a fair one.

 

If you still remain unhappy with the final decision we have made you are within your rights to contact ABTA or follow your own legal proceedings.

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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and the lba

 

 

LETTER BEFORE ACTION – 14 DAYS

 

I recently wrote to you regarding a holiday I booked with you on 25th June 2015. I stated in my original complaint that the holiday was well below the standard I expected and also stated that I wanted redress for the consequential loss of enjoyment and holiday costs. Unfortunately, the letter I received back was totally unacceptable. You state in your letter that no compensation is due.

 

I would advise you of my intention to escalate this to the county court system. I would strongly urge you to look at the complaint again and see if we can come to an acceptable agreement before I commence proceedings. I would remind you of both parties’ obligations to act reasonably before the start of proceedings.

 

I would once again remind you of what was wrong with my holiday.

 

1. The detail for our disabled passenger were not passed on the the airline and subsequently she suffered as a result.

2. The inbound transfers were unsafe and left us in fear of our life.

3. We ordered double rooms, twin rooms were provided.

4. The rooms were not cleaned to an adequate standard

5. The showers were faulty, scaled up and there were bugs coming out of the plugholes.

6. The room kept being invaded by a cat which turned out to be the hotel barmans.

7. Faulty air conditioning – This ruined our holiday as we were unable to sleep in the heat.

8. High pressure sales tactics from the tour rep.

9. Dirty Pools and faulty waterfall.

10. Broken sunbeds

11. Sexual Abuse from the staff at the hotel spa.

12. The hotel did not own a prvate beach.

13. Discusting smell permeating from restaurant

14. Flies, fingernail shavigs and other foreign objects in the food.

15. Money spend outside of hotel to compensate for the above.

16. Hotel Flooding

17. Repair of water damaged clothes and electronics

18. Building works

19. Uncomfortable Flights.

 

Al of the above seriously affected our holiday.

 

We make the following claims

 

Partial Holiday Refund of 75% - £1914.66

Loss of Enjoyment - £500 per person

Loss of spending money due to food costs - £150 per person

 

If you feel this is too high, then please feel free to respond with an offer for our consideration with your reasons for reducing the amount.

 

Please note that failure to respond with either an acceptable offer or no response at all will ensure an immediate escalation to the county court system within 14 days.

 

 

Kind Regards

 

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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" The decision made has been overlooked again by one of our management team who have agree that the decision made is a fair one."

 

 

:lol: Excellent English I think he means reviewed...issue the claim

We could do with some help from you.

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im stuck with the last bit

 

Statement of Case

 

1. The Claimant is an individual and the defendant is a company in business as a Holiday Tour Operator.

 

2. The Claimant purchased a holiday from the Defendant consisting of Flights, An All Inclusive Hotel Stay and transfers to and from the airport.

 

3. The Defendant promised the following:

 

a. That the hotel oozed elegant luxury and charm with fantastic pools and services.

b. That the hotel was decorated in a sumptuous style and had its own private beach.

c. That the facilities and service was first class with excellent dining options throughout the hotel.

 

4. On the basis of the brochure and the sales pitch made by the defendant, the claimant was led to believe that he was purchasing a high quality holiday.

 

5. In breach of contract, the following went wrong with the holiday:

 

a. The disabled details of one of the Claimants party were not passed onto the airline as requested.

b. The inbound transfers were unsafe and left the whole party in fear of their lives.

c. The rooms were not clean to an adequate standard.

d. The Showers were faulty and bugs were coming from the plugholes.

e. Faulty air conditioning meant the whole party could not sleep.

f. The pools were dirty and the waterfall advertised did not work.

g. The sun loungers were broken.

h. The staff at the hotel spa were verbally abusive to one of the party and highly inappropriate to another member of the party.

i. The hotel did not have a private beach.

j. The food was substandard with flies, fingernail shavings and other foreign objects in the food.

k. A disgusting smell permeated throughout the restaurant.

l. The hotel flooded and the claimant suffered water damaged to his belongings.

m. There were building works going on for the duration of the holiday.

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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I think you need to take another look at steampowered recommended draft in posr#12.

 

You are beginning to ramble...which does not make for a good particular of claim......keep it short precise and snappy...the more you detail the more you provide for the defendant to deny and use against you in their defence.........

 

You go into particular detail in your witness statement......should it get to that stage.

 

Regards

 

Andy

We could do with some help from you.

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how about this? do you think the figures are too high?

 

 

1. The Claimant is an individual and the Defendant is a company in business as a Holiday Tour Operator.

 

2. The Claimant purchased a package holiday from the Defendant consisting of Flights, Hotel Stay and Airport Transfers.

 

3. It was agreed that the Defendant would provide:

 

a. Flights to Sharm El Sheikh, Egypt

 

b. A 7 night stay in The Oriental Rivioli, Naama Bay, Sharm El Sheikh, Egypt

 

c. Hotel transfers to and from the airport.

 

4. The Claimant paid the defendant £2552.88 in consideration of the holiday.

 

5. In breach of contract, the claimant found that the transfers, and hotel were substandard.

 

6. As a result of the defendant’s breach of contract, the claimant suffered the following loss and damage:

 

a. Loss of Holiday Value - £1914.66

b. Loss of Enjoyment – £2000

c. Loss of spending money due to food costs -£600.00

 

7. The Claimant claims damages interest and costs.

 

bare in mind im claiming for 4 of us.

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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The court would expect you quantify A....can you do that ?

 

a. Loss of Holiday Value - £1914.66 (for 4 people)

We could do with some help from you.

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Can you explain? Is that explaining why we think we are owed that amount?

:whoo:Debt Paid £9.99 - Unlawful Debt Removed £51.09 - Total Debt Busted £61.08:whoo:

SFUK vs Jacamo / JD Williams - WON

SFUK vs Vanquis Bank - Ongoing

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Have you looked into cases where people have successfully sued tour operators and what compensation they were awarded ?

 

Don't try to claim too much that you cannot quantify.

 

I doubt that any successful claim will be more than the cost of the holiday, unless you suffered from illness or injury caused as a result of the tour operator representatives not checking the hotel properly.

 

The reason why i doubt any claim would be than the holiday cost, is that you could use any money awarded to have another holiday.

 

Was the holiday affected by the terrorist and other troubles in the region ? If there was anything going on, which can be used to defend the claim, they will do so i.e there were issues beyond the control of Thomas Cook.

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

 

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Can you explain? Is that explaining why we think we are owed that amount?

 

Yes ...how do you calculate the figure and determine loss of holiday value ? Is that what you had to spend extra to try to rectify the downpoints of your holiday?

 

Because your next line is Loss of holiday enjoyment...so what is the difference between enjoyment and value ?

 

Only playing devils advocate but these questions you may be asked in front of a judge...so better to prepare and think them through here.

 

Andy

We could do with some help from you.

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