We did a very similar thing many years ago with Airtours.

They settled with 80% cost of holiday and compensation about two days before Court.

Good luck Mark

Kath x

Another letter in the post. This time on Thomson letterheaded paper (why I don't know given the fact that this holiday was booked with First Choice Holidays).

The letter starts off with apologising for not replying to my letter dated 15th June 2009.

It then goes on that they have already refunded £600 which is correct. It then states that as only £400 was to be refunded as they claim the premium upgrade cost us a total of £800 they "have more than compensated for any additional cost and hope you are now satisfied with your outcome".

Quite clearly a case here where the Customer Services Department (they sent this letter) is not talking to the Legal Department who was more than happy to settle for £800.

Besides, if I was only entitled to a £400 refund, why refund an extra £200 unprompted?

Given the fact that the matter lies in front of the court now, I will not be responding to this letter. They clearly haven't taking into account my second letter advising them that it will go to court without further reference to them.

Will keep you posted on any further developments.

Mark

Absolutely just keep the ball in your court. They will keep coming back to you right up to the Court date. Just stand firm.

Sue

Thanks for the update, perhaps we should take bets on how many days before the court day they will make a sensible settlement. Probably keep you hanging on until about two days before.

Agreed!

Sue

I have now received a 9 point defence from TUI which at best is providing false information to the court.

The defence is as follows:

1. Confirmation who the defendant is.

2. Confirmation a contract was formed with premium seating purchased at £660 (eg. 165 per person)

3. A statement that all relevant warranties, conditions and representations where agreed with in the brochure, online booking system and subsequent confirmation invoice

4. An admittance that I was downgraded on the return flight

5. Confirmation that they have paid me £400 to my debit card and £200 by cheque as a gesture of goodwill

6. Confirmation that as far as they are concerned they refunded 50% of the premium upgrade, eg £330

7. They deny I am entitled to any further relief as pleaded with a claim that at most it amounts to personal disappointment and that I should not be entitled to futher relief above what I have already received as compensation

8. They are not accepting my cost for postage as I have unnecessarily incurred postal fees by using registered post.

9 My claim to interest has been denied

So here we have it.

Number 1: fair do

Number 2: A letter dated 17/08/09 from Thomson states my premum cost £800 in total

Number 3: Yep happy with that

Number 4: Yep happy with that too

Number 5: Yes, I have received £600. They state £200 as a goodwill gesture, yet the letter that accompanied the cheque for £200 states "please find enclosed a cheque for £200. This is a refund of the premium-seating supplement you paid for that was not received".

Number 6: Wrong. From this defence, number 2 and number 5 TUI is claiming different amounts of what I was supposed to have paid for the premium upgrade. I paid £330 per person. Although I have no proof of this (none of the confirmation invoices give a breakdown) their inconsistency is at best a lack of their admin skills and at worst lying on a number of occasions to either myself or to the court

Number 7: Spending unnecessary time with the Holiday Rep to complete a complaint form and the dampner it put on the last evening when we were told we were not upgraded constitutes more than a disppointment. Even more so given the fact that TUI markets such upgrades as something special.

Number 8: That will be for the court to decide

Number 9: It is my legal right to claim for interest.

See you in court TUI!

Mark

When is the court date Mark?

Haven't received the date yet. But the fact that they have filed a defence will mean it going to court.

Mark

Well their defence does not seem much of a defence to me, maybe they will make another offer to 'make you go away'. I think it's great that you are taking them on, sometimes we just accept what they say, because we don't think we have a hope in heck in winning, but we never know until we try.

I have everything crossed for you x

We got to a similar stage with Thomsons a while ago. The court asked us if we would participate in arbitration. We said no but Thomsons must have said yes. This was done by means of a 3 way phone conversation, the court arbitrator being the middle man fielding the questions and answers. The issue still didn't get resolved. Thomsons were prepared to go to court for the difference of £25.00 which they refused to pay. We even said we would accept the £25.00 as a voucher but they would not budge. A week or so later we decided to settle due to our appetite to fight being somewhat diminished by 2 family deaths. I just could not beleive they would go all the way to court for the sake of a £25 voucher!!!

I paid £330 per person. Although I have no proof of this (none of the confirmation invoices give a breakdown)

I think this is the sticking point, Mark. Could it not have been £330 per couple? Are you sure you can't provide the evidence of this cost, if not, it will just be your word against theres. It was an awful lot of money for this upgrade and much, much more than FC are asking for the same upgrade to Aruba in June 2010. Are there any travel agents out there who would agree that it's a fair price to pay?

An upgrade departing 22nd May 2010 for a couple currently costs £600:



These prices fluctuate on a day-to-day basis. They were £560 a couple of days ago.

I know that this price is right as we discussed the high price, but we were prepared to pay it.

Yes, I can't prove it and by the looks even TUI doesn't know the exact price. The confirmation invoice doesn't give a breakdown of the holiday cost.

Mark

Incidentally, I will be taken screen grabs of these flights on a regular basis to prove that the price fluctuates and isn't fixed.

Mark

The problem will be when the court asks for a cost breakdown. If their legal team do not have the figures to hand the judge will not be very happy. The fact that the price is changing on a daily basis does seem rather strange.

fwh

Further update.

An allocation questionnaire received in the post today from my local court asking me to complete a set of questions. To be retuned back after which a date for trial will be set.

Further cost: £100 payable at the next stage when the court is asking for a list of documents that are to be submitted.

Mark

Premium upgrades with First Choice have always varied in the past. I can remember looking at the price of upgrading to Dom Rep. a couple of years ago when it was definitely £399 per person; yet booking later on in the year for the same flight it had reduced to £279 per person! And there are always tales of last minute deals of £99 per person one way.
Thomson seems to have "standardised" the cost of the upgrade now they have absorbed First Choice.

Still waiting for a court date.

In the meantime, the upgrade for the flights that I am monitoring has just gone up by £10 a person, now costing £310 pp:



Mark

I payed 295 per PERSON to the Dominican Punta Cana travelling in March this year and it was shown on our invoice sorry I cannot scan and post just thrown them away 5days ago.Mark it will be somewhere on your booking form if you booked with a Travel Agent see if they have a copy.We booked at a Thomson Holiday Shop.

It was booked online Quatarman. No breakdown at all.

Next year's holiday to Cuba was booked through a FC travel agent shop and a brakedown (£200 per person) is shown on the confirmation invoice.

Mark