I have now submitted a claim to the court.

I will keep you all posted on how it all goes.

Mark

Understand Cherie Blair nee Booth is a little short of work if you need a brief!

fwh

Understand Cherie Blair nee Booth is a little short of work if you need a brief!

Cherie is very good too, just having her onside was enough to change our lives after a miscarriage of justice.

Just to keep you all posted and perhaps something worthwhile for others to read in case that they are considering following the same path I had to take in taking a TO to court.

The small claims court is the applicable court and everything can be done online. The website address is: https://www.moneyclaim.gov.uk/csmco2/index.jsp

On Friday last week, I registered and submitted the claim. Court fees of £ 70 were payable that are added to the claim. I also decided to claim for interest at 8% per year.

Unfortunately I made a small error in the interest calculation and had to cancel the claim by sending an email to the court immediately after I noticed it that evening. The claim was cancelled on Monday and money was refunded by means of a cheque which I received on Wednesday.

I resubmitted the claim on Mondy afternoon this week (once again online) and the court accepted and verified it on Tuesday. Correspondence from the court was received by me via post on Wednesday.

First Choice Holidays has now acknowledged the claim today, 7th August. They now have 28 days from the date they were served the claim to respond.

If no response is forthcoming, judgement by default can be applied for.

All this is done online. You can check the progress of the claim, the reponse from the defendant etc. with an easy to navigate website.

Will keep you all posted on how it is proceeding as and when I check for further updates.

Mark

Hopefully this will result in First Choice settling in full, as they ought to have done in the first place without your having to resort to the small claims court. Look forward with interest to the outcome.

Good Luck with it Mark

To update.

Correspondence received from the Court and TUI UK are intending to defend the claim. Interesting to see the nature of their defence.

Mark

Mark
I'm interested to see what they are going to say in their defence too.

Maybe they are hoping that by going this far they''ll scare you off.

Good luck

An interesting point, assuming mark wins his case and is awarded all he is asking for - and I see no reason why he shouldn't - it will then become a starting point for many others in the same position.

Quite an expensive matter for TUI when you think about it. Wonder if they will make an offer to settle out of court?

fwh

.. and will they swear you to secrecy Mark? GOOD LUCK and I hope you win.

and will they swear you to secrecy Mark?

Well if he suddenly resigns and moves abroad......

fwh

You would expect them to say that they will defend the case. Some years ago my Daughter had a claim against First Choice for in excess of £3000. In the run up to the Court date she had several phone calls offering varying amounts. She was told during one call that this was their best offer for now.
She settled out of court for the exact amount she was claiming 2 days before due in Court. This claim was based on the Contract and she felt water tight.

Good luck

Sue

Update.

Telephone call from TUI Legal Department, looking for an out of court settlement of £ 800.

Offer politely declined.

Mark

Is that £800 ON TOP of the £400 you have already received - if so, isn't it better than you were claiming?

£800 as full settlement. Not too sure whether TUI Legal Department knows about the £ 400 transferred into my bank account and/or the £ 200 cheque.

If it comes to court, I will - of course - declare the £600 already received (although £200 hasn't been cashed yet) with the oustanding balance being payable.

The £800 offered just covers the return upgrade fee, court fees, my expenses so far (£10) and the select your seat option, which leaves £40 as compensation.

Mark

Do you have a court date yet Mark?

Nope, not as yet. TUI has a couple of weeks to formally respond with a defence.

Mark

I am actually quiter excited by all this, I think they know they have messed up and quite right you are not going to roll over and let the big boys win. I don't think i would have the wosnames to do what you are doing - I so hope you win and maybe it will serve as a lesson to all of us not to let em bully us into accepting the first response.

Keep us informed Mark

Mark the case my Daughter was involved in was that when she arrived in Majorca they did not give them the Villa they had booked. They put them out of the resort and it was a smaller villa with less bathrooms etc. Also appliances not working and no lock on back door,
There were her family of 4 plus her inlaws.
They had 2 cars but her FIL would not drive. The other Villa was in the resort and was under going major repairs which they could have told them about. This villa they saw the previous year and they booked it so that they could go out in the evenings etc.
It caused major problems not just the holiday but untold stress due to the situation with in laws.
My Daughter has a law degree and knew exactly that they were in breach of contract.
She claimed for the total cost of the holiday and compensation for the stress caused. If I recall correctly the compensation she asked for was £800 plus a total refund of everything flights cars villa etc etc. If I recall correctly the total was in excess of £3800.
They settled out of court 2 days prior to the case for the total amount. Initially they offered something like £600 then £1200 and then £2000 but she stuck out for the total amount. She is a Glasgow University Law Graduate and the dreaded Professor who taught contract law was such that they were all red hot on contract law.
They had broken their contract by not informing her that this villa was not available to her. They tried to say that they offered them a move but this was a lie and also.
They asked for holiday photo's but she told them only photo's would be given if the court asked for them.
Her MIL was really disappointed that they didn't have to go to Court as she was so impressed with Julie's statements etc. She always says about everything is that you NEVER accept the first offer on anything. This is her job and she does come in handy!!
If I were you I would hold out and especially as they are at this stage making offers. There is more to come and you are entitled to decent compensation. It will cost them a lot more to go to Court and defend this case and as they have broken their contract I am sure that a Court would always find in favour of the disadvantaged.
I once also had a claim and got a total refund of 90% if what the holiday cost.

Good luck and it will take time in Julie's case the best part of 6-9 months I think.

Just keep going and this was also First Choice.

Sue