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    • so i went to sri lanka on 9th march (booked in feb) for the cricket and booked with spectrum insurance. our flights were cancelled back with emeirates so we had to rebook with sri lanka  air lines a a cost and then had to stay in the hotel for another 14 days plus other expenses . any ideas how to approach this
    • The employer should consult staff about furlough and ideally they should be transparent about what's happening, but this is all new.   Emmzzi may know more than I do.   HB
    • Email,. today from BW Legal    Without Prejudice Save as to Costs 09 April 2020 Dear XXXXXXX Our Client: PRAC Financial Limited Balance Due: £521.65 Hearing Venue: XXXXXXXX Original Creditor: Instant Cash Loans Ltd trading as Payday UK Original Account Number: XXXXXXX Hearing Date: 16 June 2020 We are writing to you because the court has listed our client's claim for a court hearing on 16 June 2020. We understand this is a difficult time for everyone, which is why our client is keen to resolve matters amicably by offering you the opportunity to pay a discounted balance on the sums due. We wanted to let you know that we are available to assist you throughout this time via numerous methods, from our Contact Centre, Webchat and our Customer Portal. We want to ensure that if you are or have been directly or indirectly impacted by COVID-19, that you still get to the best advice and reassurance about how to manage your account with us. Please call us on 0113 468 3021 or speak to us via Webchat so we can assist you at this time, we just need to understand your circumstances in order that we can help. Great News - 35% Discount Offer Our client wants to help with any possible financial burden that you may have and we are able to now offer you a pre-approved discount. This can be paid in one lump sum, or you can pay this over a pre-agreed instalment plan. This offer is open until 09 May 2020. What is even better for you is that you do not need to call us to accept this offer if this is affordable to you. Just log in, or register to use our Customer Portal www.bwlegal.co.uk and select "Customer Login". The pre-approved settlement and plan is ready for you to accept. You need to quote our reference, along with your address details and a couple of other security questions in order to register. Our Customer Portal is very easy to navigate and you can choose various different payment methods and payment dates. You can also use the payment calculator, view your account, statement and talk to us via Webchat if you need assistance. Strictly, without prejudice, the discount available is 35% from your current balance. If you do take advantage of the offer, the revised amount to pay will be £339.07 if paid by 09 May 2020. If you cannot afford to pay the discounted amount in full, do not worry. If affordable for you, you can still take advantage of the offer by repayment plan. We have a pre-approved monthly instalment amount of £20.00. The plan has been recommended to take into account estimated disposable income. We have also made it easy for you to accept the offer without having to call us. If this is affordable to you then simply log onto our Customer Portal and accept to pay the offer by instalments. You will be able to choose the first payment date and payment method. Once the offer has been accepted, we will withdraw the claim and notify the court that the hearing listed on 16 June 2020 does not need to go ahead. If you have filed a counterclaim, you will need to ensure that you inform the court and ourselves, in writing, that you no longer wish to proceed with the counterclaim. Important information about credit reporting When you opt to set up a discounted repayment plan, if our client already reports your account to a credit reference agency then they will continue to report your balance and payment each month. On receipt of your final payment, our client will then mark your agreement as closed with the status "settlement".   Yours sincerely, BW Legal
    • Note that most experts believe that re infection cases are faulty tests. Plus there are always a small number of people who can get something twice. I can attest to this as I was unfortunate enough to get Chicken Pox again as an adult, something I wouldn’t wish on anybody.
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Ruud

Honeymoon problems

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Hi, I've been following kirkys thread with interest and although there are similarities i don't know how proceed with my claim.

 

A very abriged version is:-

July 2005 I went on honeymoon to Kenya and the Seychelles, all was wonderful until we arrived at Nairobi airport to fly to the seychelles where 9 of us we were told the flight had been overbooked and we would have to wait in Nairobi for 4 days before the next available flight - which would leave us with 2 days in the seychelles before returning home ;-(

 

After 12 hours of fruitless compaining I took matters into my own hands and found an alternative flight via dubai that got us there within 2 days, which the airline would not pay for until a staff change when the new supervisor agreed.

 

I have asked for a refund of all expenditure in Dubai, an alternative transfer from the mainland to our island once in the Seychelles & compensation.

 

After 18 months of phone calls and emails i have finally received a derisory offer as full settlement (cheque recived but not cashed) I know i should reject this and threaten court action but this is where i get confused.

 

I booked through Go Easy Travel who Used Somak who booked us on flights with Air Kenya. It is Somak who have offered us the settlement but i'm unsure whom I should be threatening with the court action and also where in the process to start given I've sent none of your suggested correspondance yet, and I've set no amounts on what I want other than to send receipts??

 

Any advice on what direction to go in would be brilliant, should i be claiming a full refund as in Kirys case???

 

Thanks

 

Ruud

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Hi, sorry to hear of you bad experience, I will try and help where possible.

 

Go Easy Tvl are the agent woring on behalf of you nd Somak, they should be fronting the complaint on your behalf. Your complaint lies with Somak, being the Tour Operator. Is the agent aware of your complaint? If not you need to tell them straight away. They work hard on your behalf to get what you deserve, and are the powers that be so to speak!

 

Hope this answers your question, if you need any more help, please shout!

 

Heidi


I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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Go Easy Tvl are the agent woring on behalf of you
:lol: Sorry, Heidi.:lol:

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OOPS!! :oops: ok ok, its been a long day already!! ;)


I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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pmsl first laugh in days - ta, Heidi :D


-----

Click the scales if I've been useful! :)

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Thats the last time I make a typo!


I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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Thanks for that one Heidi,

 

Go Easy are aware of my complaint but have just paid lip service to it really. As i'm in the need of the money i'm going to cash the cheque sent by Somak as a 'final settlement' but send tham a letter stating it will only be accepted as partial payment and i'm going to claim my holiday cost in full pluss compensation in the form of a modified LBA from the CAG library, can i do this?

 

Thanks in advance

 

Ruud

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Don't cash it! If you do, you are deemed to have accepted the full settlement, sorry.

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Yes, do not cash it!

 

Also I doubt very much that you will get the holiday cost in full, as you will have had some benefit from the holiday and what you have had will need to be taken into account. You say "all was wonderful" in Kenya; well this will have to be taken into account as you have had some benefit from the holiday and you can't expect to claim for this part.

 

However, you can add an amount to your claim for loss of enjoyment, as courts will often award this in holiday cases. This amount should be reasonable - the judge will not be impressed if you try to claim a disproportionate amount.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Okay I'll have a rethink, thanks for the advice

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Okay I'll have a rethink, thanks for the advice

 

 

Seems like these companies have really given you the runaround?? Don't use the voucher keep a copy of it and send it back.

 

This needs specialist help and the best place to get it is at

 

Home - Holiday Travel Watch they are a consumer action group very similar to this one - only they deal in Holiday/Travel problems etc.. their telephone num,ber is 0121 747 8100 it's often an answerphone - so leave your details and they do call you back very soon. (their help is FREE too) I am sure there is room to email these people in the website too.

 

These people will help you to sort it out etc.. - just cause you were fobbed off with a voucher - doesn't mean it's the best you can get in refund etc.. let these people help you sort it out etc.. whether the problem was flights, foods, accomodation other services, illnesses, accidents etc.. these people can help you.

 

I had picked up a serious illness while abroad in 2004 - these people helped me to successfully deal with the Tour Operators and win my case.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Guest tlusnoc
Don't cash it! If you do, you are deemed to have accepted the full settlement, sorry.

 

You can cash the cheque, just endorse the back of it with the following "cheque accepted as part settlement". Make a copy of both sides and make sure you write to inform them that you are accepting it as a part offer and you shall be taking further action to recover what you believe to be deserved etc.

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You would need to ensure you had given them notice that you were prepared to accept it as part payment, and allowed them time to refuse this counter-offer.

 

Simply banking it with that term written on it would not be enough.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Guest tlusnoc
You would need to ensure you had given them notice that you were prepared to accept it as part payment, and allowed them time to refuse this counter-offer.

 

Simply banking it with that term written on it would not be enough.

 

Actually it would be sufficient, if they wanted to withdraw the offer, then all you need do is refund that amount. And it would be highly unlikely that they would withdraw it.

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Hmm I would be very wary of this based on previous case law (one recent example being Bracken and another v Billinghurst), I would tend to advise that it's better to be safe than sorry.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Guest tlusnoc

If you taken the time to actually read Bracken and Another v Billinghurst, you wil note that had they cashed the cheque immediatley and also notified the other party of their intentions as to part settlement, then this would have satisfied the court.

 

I stand by my opinion in my 1st post on this subject, that to cash the cheque suitably endorsed and to notify in writing as to acceptance of part settlement, is indeed ok to do. However time is of the essence in all such cases.

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Time is indeed of the essence and in this case the cheque clearly hadn't been immediately cashed.

 

I am fully aware of the case and others as they are in my civil folder that I work with every day, I brought this up as the relevant case to the OP's situation.

 

If you wish to accept as part payment there are certain actions you need to follow immediately and then argue it in court if necessary. The OP had already been holding on to the cheque when they posted so the case quoted would be relevant.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Guest tlusnoc

You may be aware of the case, however my original posting still stands as I was replying to Bookworms post, whereby he said not to cash it as that would be deemed acceptance. I was making the point that one can endorse a cheque and cash it and notify the other party that you are accepting it as part settlement only.

 

Anyway I don't have time for your petty arguments.

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What you wrote sounded like advice to the OP rather than being made clear as a general point, which is why I replied in that vein.

 

There's really no need to speak to people like that, is there. If you feel like being snappy for no good reason, take it somewhere else please.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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take a look at my thread honeymoon from hell, i put a good deal of info on there which may be of use to you


muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi thanks for the reply Skeggs,

 

Unfortunately my Wife banked the cheque as it was so I couldn't do any more ;-(

 

Ruud

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