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

[unclebulgaria67]

This link might come in useful to see how courts deal with Travel related cases.

 

http://1chancerylane.com/download/Nw==

[sfuk]

OK so I think I have got this. We paid for flight accomodation and transfers. Of this the hotel transfers and hotel were totally rubbish. So in order to quantify this surely the hotel and transfers make up a substantial amount of the holiday. . The average price per person for the hotel a week later was 365.73 totalling 1462.92 for 4 of us. Most of the hotel was rubbish so I think 75% back on the hotel cost should be appropriate. totalling £1097.19 This should cover quantifyable losses such as travel to other rsorts and use of other pools. eating out etc.

 

For loss of enjoyment, I thing £250 per person should be applicable. This totally awful holiday caused no end of stress and anxiety and actually caused rows between the members of the party.

 

I take it I add costs of postage and bringing costs of claim later on?

 

Can I add on damage to gear due to flooding?

[unclebulgaria67]

When you add the £1000 for hotel bit and £250 per person, you are getting within about £500 of the value of the holiday paid.

 

I think that is a difficult ask. You still had flights and some form of holiday, even though it was not as you booked. I suspect 4 return flights would be at least £800 and add on what is reasonable for substandard accommodation.

 

You can try to claim approx £2000 overall, but it might get reduced.

 

If you are sending a letter before action, you can state that standard court fees and other reasonable costs incurred in bringing a claim will be added. They know that anyway.

 

If the flooding issue was related to a substandard arrangement Thomas Cook could have avoided and you can evidence this, you can try.

[steampowered]

Personally, if you are going to issue a claim anyway, I would be inclined to claim for the entire cost of the holiday, plus any financial loss you suffered and plus compensation for distress. It sounds like the holiday was bad enough to justify that. You probably wouldn't be awarded everything, but don't ask don't get, but Thomas Cook may well offer you a reduced sum to settle the case.

 

On your particulars of claim, the key legal point is that you didn't get what you were promised. So I think you need to keep the short description of what Thomas Cook promised, which you had in the first version (e.g. that Thomas Cook promised the hotel had a private beach). At least you need a short statement that the holiday did not comply with promises made in the brochure provided to you.

 

You need to say something about what went wrong with the holiday, but that can be brief at this stage, and just refer to the most key ways in which Thomas Cook did not deliver on what they promised (details can go into the witness statement which comes later).

[sfuk]

OK well im going to work on my particulars some more and post

[sfuk]

ok how about this one

 

Particulars of Claim

 

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. The holiday was a first in which the claimant had been able to afford in 6 years and had only been able to be booked as a result of benefit the claimant received through the death of a family member.

 

4. It was agreed that the Defendant would provide a holiday for 4 people inclusive of:

 

a. Flights to Sharm El Sheikh, Egypt

b. A 7 night stay in The Oriental Rivioli, Naama Bay, Sharm El Sheikh, Egypt on an all-inclusive basis.

c. Hotel transfers to and from the airport.

 

5. The defendant made multiple promises regarding the facilities such as heated pools, private beach and games rooms.

 

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

 

7. In breach of contract, the claimant found that the transfers, hotel and facilities were substandard, not as described and in some cases faulty.

 

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

 

a. Loss of Holiday Value - £1097.19

b. Loss of Enjoyment – £1000 (4 x £250)

c. Loss of spending money due to food costs -£600.00 (4 x £150)

d. Damage to mobile phone as a result of the defendant failing to execute reasonable skill and care in choosing a holiday venue - £200

 

9. The Claimant claims damages interest and costs.

[unclebulgaria67]

OK well im going to work on my particulars some more and post

 

Did you raise all of the issues you had with the Thomas Cook resort reps at the time and raised an official complaint.

 

I seem to remember people not complaining to resort reps at the time and this affecting claims they made later.

 

If you complained at the time, perhaps a few words in your particulars, to say that details of issues were provided to Thomas Cook at the time and no remedy was offered.

[sfuk]

thomas cook had no rep service in sharm el sheikh. they contracted out the rep service. Our rep ahmed was at best a high pressure excursion salesman. When we did speak to him regarding the ititial issues with the taxi driver we got fobbed off. The rest of the week we couldnt reach him despite having egyptian sims in our phones.

 

what line do you think i should put in my particulars?

[sfuk]

i have added

 

8. During the stay the claimant attempted to contact the contracted out rep service of the defendant but was unable to do so. Instead the claimant spoke to the hotel management but found that no remedy was offered.

[unclebulgaria67]

When i have been on packaged holidays the rep normally visits the morning after arrival to sell excursions and if you don't mention problems at that time, you then have more difficulty. They are working at different places every day to welcome new arrivals.

 

Simpler wording

 

Defendant found the Thomas Cook arranged resort representative uncontactable and the Hotel management did not offer remedies to the issues faced.

[sfuk]

OK all done.

 

I think the last bit is the bit i am struggling with.

do i need to expand on the following.

 

11. The Claimant claims damages interest and costs.

[sfuk]

scratch that I have found a template that helped out a lot with the last bit.

[sfuk]

scratch that I have found a template that helped out a lot with the last bit.

 

and now posted to CCMCC

[sfuk]

So TC have achnowleded service. I was expecting them to wrote or phone. They have until 5th april. What happens now?

[steampowered]

The next step would be for them to file a defence

[sfuk]

TC have filed a defence. Is there any way that I can request documents from them. I believe it is called discovery. This alone should prove my case.

[AndyOrch]

Its called disclosure ...and both parties will be expected to disclose all documents further into the process (after allocation).

 

Andy

[sfuk]

Its called disclosure ...and both parties will be expected to disclose all documents further into the process (after allocation).

 

Andy

 

If I ask for disclosure before allocation. Am I liable for costs before it is allocated to track?

[AndyOrch]

If I ask for disclosure before allocation. Am I liable for costs before it is allocated to track?

 

Why would you require it before allocation?

[sfuk]

I dont really just wanted to make a move in things. There is some data that I dont have. Is it best to wait?

[AndyOrch]

I dont really just wanted to make a move in things. There is some data that I dont have. Is it best to wait?

 

You have no option..making application to force disclosure before allocation is like reading a book but starting at the last chapter..there is a process to a court claim ...the court sets the timetable..you cant speed it up.......so yes you have no other but to wait.

[sfuk]

thank you andyorch. Sent off the allocation questionnaire today.