Thanks all.

Whilst I am not claiming to be a legal expert (far from it... I have no legal background other than business law taught to me 20 odd years ago in Holland), here are some tips that helped me get the result:

1. Ensure that you complete a complaint form in the resort and give the Tour Operator an opportunity to rectify the problem.

2. If the matter has not been resolved to your satisfaction, ensure that a letter of complaint is sent via registered/recorded delivery within the time limit specified in the contract / terms of conditions of booking. The letter should be consise and to the point. Clearly outline the points that were not resolved to your satisfaction and specify the amount of money you are looking for in the form of compensation.

3. If no response to the letter of complaint is received within 28 days of it being delivered, sent another letter via registered/recorded post specifying that no response has been received within the time limit specified by ABTA and that in the event that such response is not forthcoming you reserve the right to take the matter to Court within 7 days of the date of the letter.

4. If no further response is received, or if any correspondence hasn't resulted in the desired outcome, make an online claim in the Small Claims Court via https://www.moneyclaim.gov.uk/csmco2/index.jsp . You will need to pay a fee (the amount of which is dependable on how much is being claimed) that can be claimed back in the event the case goes to court and it results in Judgement being ordered in favour of you. During the online claim process you will need to specify the grounds of the claim and how much is claimed for. You have an opportunity to claim for interest.

5. The Court then delivers the document to the Defendant who then has to decide whether to defend the claim or not. If the Defendant doesn't reply within the time limit set by the Court, you can apply for Judgement by default meaning that Judgement will be entered in your favour automatically. You can see the progress of the claim online and establish at what stage the claim is.

6. If the Defendant has decided to defend the claim, the case will be transferred to your local County Court. You will be asked to complete an Allocation Questionnaire (see http://www.hmcourts-service.gov.uk/cms/files/n149_web_1105.pdf). The Court will order for this questionnaire to be returned by a certain date.

7. Provided both parties have completed the Allocation Questionnaire, the Court will set a date for the hearing and order that both parties deliver any documents on which they may rely on in Court to both the Court and the other party by a given date. Please ensure that at that point you complete a witness statement outlining very detailed reasons behind your claim. Any photographs taken should also be included in the pack. Ensure that the pack is put together professionnally, numbering each Appendix and referring to the appendices in the witness statement. Any documents received after the date stipulated by the Court may not be used as evidence. When sending the documents to Court, you will be asked to pay a hearing fee (the amount of which is dependable on the monies claimed and will be refunded if you win the case).

8. On the day of the hearing, ensure that you arrive at least 30 minutes before the hearing. Report to the Usher and make yourself known as present. Ensure that you have all original copies of the documents with you. The Usher will call you when the District Judge is ready for the hearing. You will be seated - usually - in a private room. The District Judge will sit on one end of the table with the Defendant and Claimant (you) sitting at opposite ends. The District Judge will explain the proceedings and make it clear that the burden of proof lies with the Claimant. The District Judge will then ask you to present your case. The Defendant will then put their case on the table. A discussion will then commence between all three parties. The hearing is fairly informal (nothing like you see on television). Once the discussion has finished, the District Judge will make a binding decision and orders in favour of one or the other party and confirms in the event of the ruling going in your favour how much money is to be paid by the Defendant. There is no appeal against the District Judge's ruling unless an error in law has been made by the District Judge. A District Judge's ruling doesn't set legal precedent and each case will be judged on its merits.

Do I need a solicitor?
You can represent yourself if you so wish. You need to be confident in putting your case forward and read up on Court protocol. The hearing is fairly informal.

Do I need law background
I suggest that you read up on contract law. The most likely reason that you are taking a Tour Operator to Court is because of breach of contract. It will be up to you to convince the Judge that such a breach of contract occurred and that the monies claimed are a fair reflection of the inconvenience it has caused you.

What happens if I don't win the case
You will lose all Court cost incurred and will not have another avenue of recovering the monies you are seeking unless the District Judge has made an error in law.

Disclaimer: The above mentioned is based on personal experience taking a Tour Operator to Court. I don't claim to be a legal expert and the advise given should be read as such.

Mark

Mark
I'm so pleased that this has been brought to a satisfactory (albeit somewhat protracted) conclusion for you.

Your post re tips - maybe it should be a 'sticky'?

Regards
Polly

Fantastic informative post Mark. Very interesting to know how these things work. Hopefully it may help one of us members at some point. Thanks very much for taking time to post the details.

Well done Mark

Well done mark, and an excellent post with tips........

Well done Mark,nice to see the Big Boys dont win everytime.

Update:

The General Form of Judgement or Order after a hearing states that the amount owed is to reach me by 14th March 2010.

It furthermore states that they should allow at least 4 days for the payment to reach me. (please note the word should and not must).

Guess what.... tick tock tick tock.... 6 more days to go until the 14th March and not a sign of payment
I've got the gut feeling that a warrant of execution will need to be applied for by going back to court
Mark

You must feel so frustrated Mark - you have done so well and now still have to wait for your settlement - cross fingers that you get it before you take em back to court -

I feel so sorry for you Mark after all you've been through and now having all this trouble with the money it must be very frustrating. Let's hope you receive it in the next few days.

Jean

Well you could ask the bailiffs just to seize a plane for you. Start your own airline.

fwh

Not wanting to go through the Court process again, I called First Choice Legal Department on Wednesday to remind them of their payment obligation. Their solicitor called me back that afternoon informing me that a cheque was in the post.

Cheque received in post today.

Matter now finally closed.

Mark

That's good news Mark - well done. I'm glad it has all ended well for you.

Congratulations on seeing this through Mark and finally getting what you deserve. Result!

Well done Mark!.....

Persistance pays - congratulations Mark

Well done Mark.......glad to hear it has finally come to a satisfactory ending.

Angie.

Well done!

I'd just like to add to the tips if I may...this comes from extensive experience working in escalated complaints for one of the big tour ops.

-Keep everything short and to the point, it sounds harsh but the advisor sees around ten letters a day and many contain similar 'sob stories'. They don't need to know that your auntie's budgie (or whatever) died so you need a holiday. Unless it is relevant to your complaint, leave it out.

-Do your research and quote relevant laws such as Eu regulation 261/2004 but again make sure it is relevant. Many advisors won't realise you have a claim under a certain law unless you mention the specific law.

-If you ring up, be nice! These guys often have autonomy to make decisions and are more likely to be generous if they feel sorry for you.