Hi All

I rang The DE this morning left a message on voicemail with someone who appears to be their liaison person. (I have the name but don't think it's correct to publish it on a public forum but I think it would be OK if I emailed it to individuals) I said I'd rung after advice from court prior to requesting the Bailiffs going there. I got a phone call from The DE solicitor within one hour. Who told me they had no knowledge of my court claim and the judgement. I mentioned to this person I knew someone else who has had the same result as me, again not aware of anyone else's claim.

I faxed my court notification and judgement to this person who gave me direct line phone and fax number, I also asked if I would be receiving a cheque but was told couldn't comment. This person is going to get back to me I presume. The phone call was very pleasant and friendly hope that's a good sign. :-)

By eck I wonder what's gonna happen next

Richard

Please keep us posted Richard. If they have put up no defence and you have had a judgement entered, then I don't see how they can possibly get out of it. Incidentally, how long does the court give them to enter a defence?

Just rung court again and was told they've requested information on this case and that they can ask a judge to put aside this judgement, but they're not forced to get it. Maybe I should have just requested the bailiffs to go now I've let them know and might have missed my chance.
They have 14 days from initial application, if they submit defense they get another 28
Richard

I have heard nothing from daily express since may 04 and they wont respond to me. i have not forgotten about the matter, or the fact i bought all there stupid newspapers at an expense. i have also contacted watch dog and no reply there. what should i do now please?????

Hi

I had my letter from the Court today saying that Judgement has been entered against the Express as of the 23rd January.

I am not sure what I am going to do next!

But I will keep you all informed!

Brett

I've had an email from DE solicitor

"I have now spoken to my colleagues and to the Court. We did not receive the Claim Form or any other notification of your Claim. In the circumstances, I will be applying to have the judgment set aside. You will receive a copy of the Application Notice in due course.

Kind regards"

Looks like I'll get my day in court if they suceed in setting aside my judgment.
Oh well

Richard

Oh Richard what a stinker of a reply from you-know-who.

Please persevere and kick them where it hurts! Cheering you on from across the Channel - all the very best of luck and I hope you get the justice you deserve.

ATB, Alsa xxx

Don't worry Richard, you will win out in the end.

I am intrigued to know how the paper can get a judgement put aside so easily? Anyone know or can make an educated guess?

I don't think it's right they could get a judgment put aside so easily and I'm going to ask the court helpline about it tomorrow and also if I can make a statement regarding their application. The small claims court sends out three letters on three consecutive days so the defendant cannot really claim they've not received it and I used the address on my rejection letter for the claim.

I have printed out all the postings from Marcus and it would seem to me that he set a precedent, he got his cruise before it came to a court hearing, if I go to court I think I have a good case. I have friends in the Media and I think I might be able to persuade them to cover the court case, I know that sounds like blackmail but I collected the coupons in good faith and I have been patient and I would like to know why the DE thinks I'm not entitled a cruise when others who have done the same as me have or are are about to go on their cruise.

Big Vodka and tonic then bedtime lol

Richard

Hi all,
What we must realise is that the DE is applying to have the Judgement put asside, it is up to the court to decide if it will stand or not. If they are claiming that they never received the documentation then it will be up to them to prove this, simply stating they never received the documentation will not wash with the courts!
Best of luck Richard and all

Paul M

Hi All

Thanks Paul your right they do have to prove and to explain how three correctly addressed letters on three consecutive days could go amiss.

I just spoke to a very helpful lady at the court services who told me that if they apply then it will be heard at my local court and a judge will decide and that I might be able to go and make a statement. I guess it will cost them to apply if they send a barrister up to Yorkshire I reckon that's got be around £500 even if they send their own solicitor there's train fares and the like.

The lady at the court said they might just be telling me they're going to apply and not do it but use this as a stalling tactic, she said to wait a week if they had not applied and I can check online than to go ahead and issue a warrant.

I'll keep you all posted.

Cheers

Richard

Richard said

I know that sounds like blackmail

but to me it sounds eminently sensible. The DE are using every trick in the book to stop you getting your cruise or reasonable compensation and you would be mad not to do everything possible to thwart them. Take this the whole way and I'm certain you will find the courts will decide in your favour.

Good Luck!

So sorry to hear that so many of you have had a huge problem with the Daily Express offer some time ago.
I am not familiar with the offer but it would seem that you have grounds for compensation.
Dig your heels in and don't give up. I had a problem with the Hoover free flights I think in 1993! I took them on and beat them at their own game. They tried to wear me down and always they were trying ways to break me. My daughter has a law degree and spotted an loophole in their offer which meant I didn't have to pay the shuttle to London when they offered me a flight from Heathrow. I told them that I would fax them a letter and believe it or not they switched their Fax machine off for the whole weekend.
I gave them a deadline until 5pm on the Wednesday evening and when this time passed I went ahead and purchased 2 shuttle flights from Glasgow to Heathrow. I sent them the bill for £268 to be paid within 14 days. Prior to me going on holiday they told me they would pay for these flights. I asked for them to put it in writing and they did so saying they had paid because of my determination and spirit.
Nonsence! They paid because they knew that I knew! I didn't tell them what the legal problem was but just said I will see you in court.
At the time the Daily Record were pro active in following this case and when I told them they were very excited and said after speaking to his editor "she is right" Not even trading standards had noticed the loophole.

It became for me not an issue of getting the flights or the money but totally a matter of principle.
I read something on line today about the man who owned the company who were acting for the OFFER. He seems to have paid the DE compensation for what it has cost them. He speaks as though everyone has now got the offer. It would appear not so. It has cost him but it is again marketing gone crazy!
I am interested and will continue to watch these boards. Good luck and more power to you all.

Sue

Hi Barney and welcome to the Cruise forum!

I have split your post from the 'Validation Letter' topic and merged it with the 'DE 10 Cruise Offer'. You will find plenty advice in earlier posts.

luci

wow what a lot has happned since i last looked in!!!I am waiting on tenterhooks forthe next installment,richard you deserve to win,and i am positive you will.I cant believe the problems are still happening.good liuck carol

keela1eva2 You mention the involvement of the Daily Record in taking up your case. For some strange reason none of the newspapers are interested in reporting the problems that people have been having with this cruise offer. Apart from one small mention in the Guardian no other newspaper has reported on this case. I know that several people on this board have contacted the Daily Mirror and the Mail but the papers are just not interested.

Is there some sort of "gentleman's agreement" amongst the papers that they will not criticise each other in matters such as this? At least the broadcast media have not shown the same attitude. Come on you papers .I would have thought that this case would be a heaven-sent opportunity to get one up on a rival.

Just popped in to say I am keeping a keen eye on your court case Richard. Once I can see all the tatics DE have used I will be starting my court case.

Good luck and I am sure the ruling will be in your favour.

Hi No the Daily Record didn't take up the case. I contacted them as I was unable to get any reply from the telephone no in the offer.
They gave me the telephone no of the travel company who were responsible for the offer. When I told the Daily Record about the loophole they told me not to say that I had spoken to them as they were anxious to see how they would deal with this without their intervention. So I didn't need the Press. I think I was the only person in the Uk who got a Shuttle fare paid.
I don't know why the papers won't deal with it. You may be right. I see from the article I read about it the Man who owned the Travel Company has been on Watchdog or so it may seem.

I just feel very sorry for everyone concerned. I suppose that they can ask for the court decision to be reversed but I would hope that you as the disadvantaged person the court would find in your favour.

I would think now that if the Court find in 1 persons favour this should open the way for the others.

Sue

Just thought I'd post a reply. I still haven't had a cruise and DE won't even respond to letters or emails.

I too am looking to go to court. One issue though - how do you justify the amount of the claim ? It seems to me that the cheapest alternative cruise would be about £350 so I'll probably go for that.