HI 5 MARCUS.....

3 cheers for Marcus!! It gives hope to everyone still waiting and shows that the Big Boys dont always win! I'm off to Donefor's balcony in search of a few ding dongs!

To those of you still waiting, take heart in Marcus's success but don't sit back and wait! Carry on fighting as hard as you can and however you can!

Well done Marcus! Like Alit I have had my cruise but I keep popping in to check on progress.

I'm the first to admit I don't always understand the "justice" system in this country - it has become scewed in so many ways - but I think it's a bit of a shame that the DE did not have to stand up in front of a judge and explain exactly the nature of their somewhat niave offer and their failure to live up to their promises. In my experience bad publicity always hurts more than financial penalties.

Anyway Marcus, you are proof that the "little man" can win & I'm sure your success has given a lot of people a bit more optimism that they will soon be receiving their cruise.
Elaine

hi all,
Well done marcus so pleased for you.
Nice to see you are still keeping the flag flying for the second cruisers ,Raych,I truly hope you succeed soon.
Things are progressing slowly but surely and its good to see such a fighting spirit continuing...................dont stop!!!!!!
annj

Wonderful news Marcus. It may have given the DE a belated wake-up call and will certainly give hope to so many more who are still waiting.

YAY!!!!
Well Done Marcus

I am now going to take legal action against DE.

One of the things that really bugged me is the lack of communication from DE, just sooooo rude!!

Perhaps Marcus, if you get time you might consider to post a rough guide (for a start I didnt know we could issue proceedings online) and some good pointers to conducting a successful case!!

Well done again - fab news!!!!!!

Lou x

Well done Marcus and thank you for your determination in doing the right thing for the rest of us, a real encouragement. Wondered if, as there two of us still waiting, you are aware if we could put in a combined case or whether we would have to act individually as we are at seperate addresses??

The DE are *wonderful*, I had my cruise last week on the Island Star!
I met 4 other DE cruisers (Hi Guys!!), there may well have been more that weren't owning up. The down side is that I am going to have to book again, it was fabulous.

Very well done Marcus, you deserve everything you get, especially for giving hope to those still waiting.

And a special thanks to HT for showing me I wasn't alone!!

I know what you mean shade4321, once the cruise bug takes hold you want to book your next trip.
I'm not long back from a Black Sea cruise after going on the DE special last year.

Andy.

Thanks for all the kind messages of congratulations, much appreciated. Also great to hear that people are still getting their cruises. I do believe that DE intends to fulfill the commitment, though is doing so at a least cost option by filling up the cheap spaces on boats. I can understand them doing this, but like others find the lack of communication appalling. Taking legal action is a guaranteed way of getting a response. Sad that this is necessary, but in discussions with them they weren't interested in doing it differently. Curious reflection of the "True Values" they splash across their paper every day.

Taking out a small claim on line is very simple. Go to:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

It took me about 20 minutes to register the details, and I paid the ffes (A sliding scale dependent on the amount involved, mine was £120 as it was upto £5k, but of course the DE paid all my costs back) A court is allocated, initially it was Northampton, which was later changed to Hertford (at DE request I believe, but suited me as that is only 10 mins aways). The court then serves notice on DE, and they have 30 days to respond. It actually took them over 30 days, and if I had been more familiar with the system I could have asked the judge to make a ruling on immediately after the 30 days on the basis on non response, and would have automatically got the case awarded in my favour.

What happened then was DE defended the action, which was essentially stating the t&c in the response to court. The cruise store contacted me to arrange a cruise, which at the time there was some confusion as they were still referring to one cruise not 4, and so I declined on the basis that the matter was subject to legal proceedings.

When the court date was brought forward, I was contacted by the DE Legal Department, and they were very flexible in resolving the matter, and did offer some additional upgrades etc, though I wouldn't take these as a given. The original £10 was waived, as was the fuel supplement which was always a non starter as far as I was concerned.

Key points from my perspective:

Be persistent, it's a great sense of satidfaction to get the cruise

Stand your ground. They do not want it to go to court or get adverse publicity. You do not need to sign a 'gagging' order, they are only supplying what was originally agreed!!

Negotiate. Be clear what you want from the outset.

Enjoy the chase!

I'm not sure about Cava Kate's question about more than one person taking a claim against them. I know a 'class' action is possible in the civil courts, and so I'm curious, and have sent the question to find out the answer. Watch this space.

I keep finding out more about the cruise we are going on, and can't wait. Lovely to hear that others have been so thrilled by the cruises, the anticipation almost makes the wait and battle worth while!

All the best

Marcus

Good afternoon from a blamy sunny cruise of the good ship balcony

Marcus
What a gent, and sweet in victory All most worthy of a triple ding dong.

Full of information and encouragement just what the readers what to read well done my mate and good on you.

Donefor but not for long

Hi all,

A few days ago I received a letter offering me a choice of 10 itineries on 14 different dates with Thompson and Island Cruise Lines and a contact number for the booking company.

I am now booked and paid for a 7th October departure for Palma to join the Island Star on its 7 night "Riverias" cruise. I must say that I am now looking forward to my first ever cruise.

It has been a long struggle to get this far with some bitter disappointments on the way but I should say that DE seem to be making a genuine effort to resolve the problem. Having said that I have no doubt that the excellent work by members of this site has, in my mind, played a great part in my successful outcome. My thanks to you all for your support and efforts.

The £10 charge was waived although there is a a £40 fuel surcharge for the flight and with current fuel costs I can fully understand this but that is all I had to pay apart from my travel insurance which the boking company also arranged for me. Their booking company representative was very helpful and sorting this out seems to be his only task.

To those of you who have not yet got your cruise please hang in there and like the man with the wheelbarrow it is still in front of you.

Kilkeel7

Dear All,

Just to let you know that I heard back from the small claims court on line, and it is only possible for individuals to claim, not jointly. Shame.

As I said earlier though it is a simple process and seems a guaranteed way to get a response.

All the best

Marcus

Unfortunately only people resident in England or Wales can take this form of Legal Action

great news to hear people are getting booked,what with sunny weather as

well,it sounds as if we have some happy people around!!!!!good to hear that donefor is sitting on his balcony having a ding dong.
,cheers,heres to the rest of the people in waiting that they also get their cruise. carol

Well done Marcus, thanks for all the advice. I have written to the MD advising I will commence the same action in 14 days if no reply is received... will keep you posted.

Martin,

WEll done, good approach to take. Just a thought. You may wish to add saying that you will be charging for your time at a reasonable professional rate, say £50 per hour, in addition to the claim for the cruise, given that DE have acted so unprofressionally in the matter that you have been forced to take and thus should be recompensed for time and effort. I think a court would be very likely to allow these costs if you had notified the company in advance, and it maybe an extra bit of incentive for them to resolve it quickly.

Enjoy the chase!!

Marcus

Excellent result Marcus and thanks for posting and sharing your experience.

I did write to SM at DE giving 30 days notice that I would commence legal action if nothing heard from them. They have not responded so I will now follow your example.

Cheers

Chris