I agree Laine, they have already had 4 months. Cruisers who were rejected and have gone to Court will be receiving their cruises before we've had a reply!!!! I believe there are a few of us, would it be a good idea to write "en masse"

A friend of mine drew my attention to an article in today's DE, about pensions, which included the following :

"If an [insurance company] promised its customers that [its pensions were safe] then it would be forced to pay compensation in the event of the scheme's failure. "

I'm glad to know that the newspaper supports our stand.

I heard an interesting piece of information given by Martin Lewis who appears on ITV with consumer advice. He was actually covering a story about people who have managed to reclaim thousands from banks for swingeing bank charges when they went in to overdraft. The piece of information that I gleaned from this was that if your claim through the Small Claims System is for under £5000 then there is absolutely NO way the defendant can claim court costs in the event that they successfully defend the claim! I know that this is a fear a lot of people have had but please don't take my word for it! DO please check with the Small Claims Court to make sure that this is indeed fact! I know that the possibility of having to pay mega costs should the defendant win would have worried me so hopefully this weight can be lifted from your minds and you can all go ahead full speed. I hope someone is keeping tabs on how many cases there are where the defendant claims not to have received the papers from the courts!!!

Hi Magsy and all

I've just searched on the Money Tips website and part of an article about getting back bank charges says that cases heard through the small claims service rarely award costs to the winner and is therefore a much less risky option.

Well it's taken a bit of my anxiety away. Thankyou Magsy.

Cheers

Richard

You are welcome Richard. Anyone else who wishes to reassure themselves on this point should look at the Bank Charge reclaim artice on Martin Lewis's web site at: http://www.moneysavingexpert.com/ (page down until you come to the Small Claims Court section)

It might even be worth dropping him a line! Who knows it might open a whole new method of claiming your cruise!

Hi All

I posted here on the 09/02/07 and stated that I would have one last ditch attempt at contacting the DE with all paperwork before going through the courts, lo and behold I got a letter validating my cruise, but stating please be patient , have been waiting now nearly three years,just wonder how much longer,if I hang on in there it can be my retirement present.

Regards

Botoxman

Great news that your claim has been validated. Have you asked them what exactly they mean by being patient?

Hi Botoxman and Magsy,
I am still watching this site every day but don't have a lot to say so haven't posted for a while.
I received my letter from the DE at the back end of last last year to say that my claim hd been validated but to also please be patient. They would get back to me in a few months. Given that at the time all cruises to the Med would have finished I have assumed that they would pick up when the cruises started for this year. On this basis I haven't taken things any further. I don't know if the small claims scenario applies in Scotland or if there is an equivalent but my thoughts are that if I were to claim I would be asked by the court why I was claiming as I had received confirmation of a positive intention. I will give it to the summer and see what happens. I think that would have satisfied the "few months" condition.

Yes , the Small Claims system does operate in Scotland. You have to go through the Sheriff's Court. Details here :-

http://www.adviceguide.org.uk/scotland/your_rights/legal_system_scotland/small_claims_in_the_sheriff_court_scotland.htm

If I were you I would write to the Daily Express or wherever the documentation has to be sent. I would give them a deadline eg 14 days or 21 days and say that if they do not confirm a cruise date and destinations you will begin proceeding in the Small Claims Court.
I think it costs around £75 to proceed and if you win then you have your costs awarded also.
Given that this situation has been going on for nearly 3 years it is disgraceful that you are still waiting on confirmation of your cruise.

I think that they have worn your patience thin.

Sue

Wull, in addition to the address given by Trisantona, I would point out that claims in Scotland have an upper limit of £750! Personally I wouldn't leave it any later than May to contact them because by that time all the ships which wintered in warmer climes will be back in the Med so availability shouldn't be a problem at all.

I remember asking if I could use Money Claim Online seeing as I lived in Scotland and I was told I could so that may be an option.

luci

Hi all,
Just a quick update on my small claims against the DE. I have just received a notice of Allocation to the Small Claims Track (Hearing) and the case will be heard on 26th April at Leicester County Court, Wellington Street, at 12:00 hrs.
I have to supply copies of all documents which I will be using in evidence,to the court and other party involved no later than 14days prior to the hearing.
I must admit I am feeling rather excited that after all this time I will be getting a result one way or another! Watch out Rumpole! ( Showing my age there!)
Will keep advised of any futher progress

Regards to all
Pmad1

All the very best of luck with your claim pmad1. I wish you every success.

luci

Ditto from me Pmad1. Fingers crossed for you!

Hello, I am new .1st post
In Scotland Small Claims are actions up to £750. Between £750 and £1500 they are dealt with under Summary Cause (which most DE cases will be).The costs of raising a Summary Cause action are £39 court fee and sheriff's officers summons service fee (£15 min). If the case is lost costs are capped at £206 i.e. cost of an unsuccessful action is £260 approx.
After lodging the paperwork with the court, the date of the hearing is set by the court for about 6 weeks time (this is the Calling Date). A week before the Calling Date (known as the Return Date) the defender must tell the court what it intends to do otherwise he looses automatically. As preparation I went along to court to how Summary Cause cases were dealt with.

My case against the Diana Excess has a Calling Date later this month. I will post the result here.

Hi Visa20, what an informative post! I wish your action every success and look forward to hearing a positive result!
There you are Wull (and other Scotland based applicants). The most it could cost is £260! Hopefully the results of Visa's case will cause an avalanche of cases. I am sure we will all keep our fingers crossed for you!

Have been away from forum for a while but pleased to see actions continue.
I submitted my on line claim this morning and wanted to thank all on here for inspiration and the assistance provided privately ( you know who you are!!)

The sun came out as I pressed the submit button to the courts and I hope many more are going to invest £80 to attempt getting justice from "Britains greatest Diana Excess".
I will keep the forum updated when I have any news of my claim and look forward to seeing some results for others soon.
Regards
Paul

Hi all & Pmad1

I have been in NZ for last month and just catching up on developments.

Well it looks like your case Pmad1 will be the first to be held, about a week before mine in early May. So I am very interested in hearing how this goes - possibly I may be able to attend. if you agree, and the court allows.

Good luck to everyone.