Thanks for response. They definitely havn't covered themselves with glory, and I have a lot of empathy for you, and wish you well.
Every time I see something simple done so badly I cringe, especially when it comes from so called 'professionals'. Hardly covers my industry in glory. Again, their training *should* have taught them to refer non-UK passports to the relevant embassy in all instances. A lot of information on the internet is dud. They probably thought they were being helpful... It might have annoyed you to have to walk out and make a few phone calls, but it would have saved a lot of long term financial pain.
Every time I see something simple done so badly I cringe, especially when it comes from so called 'professionals'. Hardly covers my industry in glory. Again, their training *should* have taught them to refer non-UK passports to the relevant embassy in all instances. A lot of information on the internet is dud. They probably thought they were being helpful... It might have annoyed you to have to walk out and make a few phone calls, but it would have saved a lot of long term financial pain.
Update the travel company received an email from my solicitor stating.
QuotePlease treat this email as a formal letter before action for the purposes of
the general Pre-Action Protocol Practice Direction as prescribed by the
Civil Procedure Rules 1998. In the absence of receipt of your reasonable
settlement proposals within the next 7 days we will be advising our client
to issue court proceedings.
Holiday company failed to reply.
Second email sent to holiday company via information via ABTA.
Please treat this email as a formal letter before action for the purposes of
the general Pre-Action Protocol Practice Direction as prescribed by the
Civil Procedure Rules 1998. In the absence of receipt of your reasonable
settlement proposals within the next 28 days we will be advising our client
to issue court proceedings.
Guess what...? not even a reply hardly looks good in court when they are obliged to respond.
Feel a little better now it's going ahead,was playing on my mind everyday.......!
QuotePlease treat this email as a formal letter before action for the purposes of
the general Pre-Action Protocol Practice Direction as prescribed by the
Civil Procedure Rules 1998. In the absence of receipt of your reasonable
settlement proposals within the next 7 days we will be advising our client
to issue court proceedings.
Holiday company failed to reply.
Second email sent to holiday company via information via ABTA.
Please treat this email as a formal letter before action for the purposes of
the general Pre-Action Protocol Practice Direction as prescribed by the
Civil Procedure Rules 1998. In the absence of receipt of your reasonable
settlement proposals within the next 28 days we will be advising our client
to issue court proceedings.
Guess what...? not even a reply hardly looks good in court when they are obliged to respond.
Feel a little better now it's going ahead,was playing on my mind everyday.......!
I'd have said a Signed for letter is more proof than an email!!!
Thanks for your reply
Email as court evidence
The email has an ip address from the sender.... From and to.... dated and time along with a reference number.
E-mail is a form of documentary evidence and can be admitted as evidence in court in the same way as can other forms of documentary evidence.
The requirement to disclose e-mail also means that organisations should have appropriate systems in place to manage and store e-mails. Unless this is the case then problems may arise if (for example) e-mails have been deleted or if there is no adequate e-mail archiving process in place.
I have chosen to keep my email I received.
Email as court evidence
The email has an ip address from the sender.... From and to.... dated and time along with a reference number.
E-mail is a form of documentary evidence and can be admitted as evidence in court in the same way as can other forms of documentary evidence.
The requirement to disclose e-mail also means that organisations should have appropriate systems in place to manage and store e-mails. Unless this is the case then problems may arise if (for example) e-mails have been deleted or if there is no adequate e-mail archiving process in place.
I have chosen to keep my email I received.
Here on HT we always advise sending letters of complaint via Royal Mail signed for service. Email created its own problems. Companies and individuals are so terrified that their computer will be attacked that the security they put in place can work against them. One person who I occasionally email uses OAL. My computer does not recognise OAL as safe and so blocks/rejects any communications from them.
The proof of receipt via the signed for service is accepted as proof of service by a court of law. The sending of an email is not proof of delivery.
fwh
The proof of receipt via the signed for service is accepted as proof of service by a court of law. The sending of an email is not proof of delivery.
fwh
I have just come across this in my local paper;
http://www.examiner.co.uk/news/local-west-yorkshire-news/2009/09/10/langley-family-holiday-to-france-ruined-after-visa-mix-up-86081-24651032/
Whilst people may feel disgruntled each country does have its rules, and applies them. In this case the only way she can supposedly get a visa to enter France is by going to the embassy in Beijing. I have no doubt that with the influx of people into the UK from around the world the problem may be more widespread than you might think.
fwh
http://www.examiner.co.uk/news/local-west-yorkshire-news/2009/09/10/langley-family-holiday-to-france-ruined-after-visa-mix-up-86081-24651032/
Whilst people may feel disgruntled each country does have its rules, and applies them. In this case the only way she can supposedly get a visa to enter France is by going to the embassy in Beijing. I have no doubt that with the influx of people into the UK from around the world the problem may be more widespread than you might think.
fwh
Just as an aside.
As an Australian Citizen traveling on an Australian passport I cannot enter France without a Visa. This has to be obtained from the French Embassy in Australia. However, I was told this information before I left home by my travel agent who had her facts correct.
Like the OP I placed my faith in the information I was given by the travel agent at the time. Had she been wrong I may well have come unstuck.
Cheers Gerry
As an Australian Citizen traveling on an Australian passport I cannot enter France without a Visa. This has to be obtained from the French Embassy in Australia. However, I was told this information before I left home by my travel agent who had her facts correct.
Like the OP I placed my faith in the information I was given by the travel agent at the time. Had she been wrong I may well have come unstuck.
Cheers Gerry
Gerry Thanks for that.
Court date will be set within the next week.
"Before a Contract is made, (Agents and Principals) shall advise their clients of Passport, Visa and other entry and transit requirements for the journeys to be undertaken where it is reasonably practicable for the members to obtain this information. In other cases members shall offer their clients reasonable assistance in obtaining such information".
I was not advised.
Court date will be set within the next week.
"Before a Contract is made, (Agents and Principals) shall advise their clients of Passport, Visa and other entry and transit requirements for the journeys to be undertaken where it is reasonably practicable for the members to obtain this information. In other cases members shall offer their clients reasonable assistance in obtaining such information".
I was not advised.
Hi
Have the travel company replied to your solicitor's letters or is the court date being set because they failed to respond? Wishing you good luck.
Have the travel company replied to your solicitor's letters or is the court date being set because they failed to respond? Wishing you good luck.
Hi kimi and thanks for your post.
The travel company never even replied to any letter or email my solicitor sent or even acknowledged her which they are obliged to do.
ABTA Notes we must give 28 days......We did that so in answer......... The court date is being set because they failed to respond and they had 28 days to reply.
Many Thanks
The travel company never even replied to any letter or email my solicitor sent or even acknowledged her which they are obliged to do.
ABTA Notes we must give 28 days......We did that so in answer......... The court date is being set because they failed to respond and they had 28 days to reply.
Many Thanks
I suspected that might be the case. I'm sure there will be some response when they are notified of the court date though!
Got my court date 21 st of October 2009
Realistically from what you people have read do you think I have a chance of winning this....?
To late now if I don't win,paid solicitors fees,court cost etc........?
Realistically from what you people have read do you think I have a chance of winning this....?
To late now if I don't win,paid solicitors fees,court cost etc........?
I'm no legal expert but presumably your solicitor must feel you have a good chance or would have advised you against this action being raised in court. The fact you have in writing about the visa situation must surely go in your favour, as will their non response to earlier communications from your solicitor.
Is it the travel agency where you booked that you are taking to court? You may well find that you'll get an offer to settle out of court, now the date has been set. Keep us posted and good luck - I do think that they should take some responsibility and you will get a favourable outcome.
Is it the travel agency where you booked that you are taking to court? You may well find that you'll get an offer to settle out of court, now the date has been set. Keep us posted and good luck - I do think that they should take some responsibility and you will get a favourable outcome.
Hi kimi
Don't want to name the company for now legal reasons,but there are 2 involved,I sent off 3 claim forms,1 for the court 1 for the place where I booked the holiday and 1 to the tour operator.
I am expecting a out of court settlement before it goes that far and must realistically figure out what I think I deserve or will settle for as we are also claiming for damages disappointment and stress to both of us via Swans tour LTD,Damages (Jackson v Horizon holidays LTD) and much more via the legal document.
Having said that I still may lose but will keep you informed how things pan out.
In the first place all I wanted was a holiday rebooking,but they wanted me to pay an extra £756 and lose 1 week of the holiday.
Don't want to name the company for now legal reasons,but there are 2 involved,I sent off 3 claim forms,1 for the court 1 for the place where I booked the holiday and 1 to the tour operator.
I am expecting a out of court settlement before it goes that far and must realistically figure out what I think I deserve or will settle for as we are also claiming for damages disappointment and stress to both of us via Swans tour LTD,Damages (Jackson v Horizon holidays LTD) and much more via the legal document.
Having said that I still may lose but will keep you informed how things pan out.
In the first place all I wanted was a holiday rebooking,but they wanted me to pay an extra £756 and lose 1 week of the holiday.
Just wondering if there have been any developments?
Hi kimi.....It is funny you should ask........As I was checking my email opening a letter at the same time from the solicitors representing the holiday company.
I have not forgotten at will update you the out come,court date has been postponed for now.
I have a very Important phone call to receive on monday,should of been today but as always the solicitor representing the holiday company was in a meeting.
For sure I will post on here win or lose and many thanks for your post.
Regards
John
I have not forgotten at will update you the out come,court date has been postponed for now.
I have a very Important phone call to receive on monday,should of been today but as always the solicitor representing the holiday company was in a meeting.
For sure I will post on here win or lose and many thanks for your post.
Regards
John
update............Just recieved a letter this morning from Nottingham county court.
I have opted for mediation for now,if we do meet and I am not happy the settlement it will still go ahead to Court.
Allocation questionnaire: Given that the rules require you to try settle the claim before the hearing do you want to attempt to settle at this stage.........Yes
I must complete the allocation questionnaire before the 20 th of November.
I have already completed and sent it off.......yet another £200,and even more money if it gets to court.
Geez I will soon be skint.
I have opted for mediation for now,if we do meet and I am not happy the settlement it will still go ahead to Court.
Allocation questionnaire: Given that the rules require you to try settle the claim before the hearing do you want to attempt to settle at this stage.........Yes
I must complete the allocation questionnaire before the 20 th of November.
I have already completed and sent it off.......yet another £200,and even more money if it gets to court.
Geez I will soon be skint.
As an Australian Citizen traveling on an Australian passport I cannot enter France without a Visa. This has to be obtained from the French Embassy in Australia. However, I was told this information before I left home by my travel agent who had her facts correct.
Like the OP I placed my faith in the information I was given by the travel agent at the time. Had she been wrong I may well have come unstuck.
?????Well actually no you don't need a visa to enter France, not as a short term tourist anyway. Other reasons maybe like wanting to work or study, but not for a normal holiday.
So the travel agent was wrong - but in a 'safe' direction. She cost you a trip to Canberra or wherever and the visa fee - but at least you got in.
Deetee You're quite correct that a Visa is not required now. Perhaps this ruling has changed since.
Jonny Good luck with the mediation and I hope all goes well and you recover ALL your money and some
Jonny Good luck with the mediation and I hope all goes well and you recover ALL your money and some
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