Good luck 
Good luck! I am not sure if they have previously made you some offer of compensation?
In most cases they will try to settle out of court even if it was today rather than incur the Court costs. If they have proceeded in defending your claim I would suspect that it may be less cut and dried. I do hope that you win but the law is the law so I will hold my breath and cross my fingers for you.
Sue
In most cases they will try to settle out of court even if it was today rather than incur the Court costs. If they have proceeded in defending your claim I would suspect that it may be less cut and dried. I do hope that you win but the law is the law so I will hold my breath and cross my fingers for you.
Sue
Good Luck for tomorrow Daviee let us know how it goes.
let us know how it goes.
Daviee
have just caught up with your posts, I am interested to learn the outcome of the court and also who the TO is, I do hope you come back back with good news for you.
Pinky
have just caught up with your posts, I am interested to learn the outcome of the court and also who the TO is, I do hope you come back back with good news for you.
Pinky
Beginning to look as if things didn't go well, perhaps? Feel sure that Daviee would have been back to tell us if the court had found in his favour.
SM
SM
SMa Just what I have been thinking ,I keep popping in to see if there has been any update and I feel if everything had went in Davies favour then he would have informed us .Would be good to know though 
Come on Daviee.....Let us know the outcome..hopefully in your favour. 
Maybe he didn't go to court and was just letting of steam.
Sometimes people say they are going to do things but don't.
Sometimes people say they are going to do things but don't.
From the outset I feared that he would not be successful. He booked a holiday offered a different due to overbooking which he declined. He had a 100% refund which he could have used to purchase another holiday.
In point of fact the Court case may have gone against him because in law he suffered no substantive loss.
My other concern was that he would not say who the Tour Operator despite being asked numerous times'
Strange
Sue
In point of fact the Court case may have gone against him because in law he suffered no substantive loss.
My other concern was that he would not say who the Tour Operator despite being asked numerous times'
Strange
Sue
What a shame I have popped back now and again hoping for a result and no word from OP.
if you want to know the answer why not pm him. there could me many reasons for a lack of an update, including the court case being postponed at the last minute.
Of course the OP may be prevented from reporting what happened if he accepted an out of court settlement which was also subject to a confidentiality (or gagging) clause.
'Gagging' clauses usually prevent you from discussing the details of the settlement but not the fact that one was reached after court proceedings were instituted by one of the parties and before the case was heard in court because this will be a matter of public record. Where there has been an out of court settlement reached after a hearing date was set, it will then have been reported in open court that the claim has been withdrawn because a settlement was reached and hence why there was no hearing now taking place.
Thus if Daviee did reach an agreement pre-hearing with the TO then unless the circumstances where very unusual, there would be nothing to stop him letting people know that this was the case - exactly as others have already done so here in other cases.
SM
Thus if Daviee did reach an agreement pre-hearing with the TO then unless the circumstances where very unusual, there would be nothing to stop him letting people know that this was the case - exactly as others have already done so here in other cases.
SM
Yes, it's a shame Daviee hasn't come back to us with the outcome, given that he received lots of advice from interested members. Will it be another case of never knowing how the complainant got on? 
As regard to the court case i have a date in march i would like to point out that the cost
1 court fees to date £350
so if people think its a low cost way to sue via county court think again if it goes to the hearing stage.
The point i want to get over to the tour operator is why there terms of condition allow them to give a derisory amount when they make a complete mess of your holiday but if the boot is on the other foot you lose your total holiday costs
1 court fees to date £350
so if people think its a low cost way to sue via county court think again if it goes to the hearing stage.
The point i want to get over to the tour operator is why there terms of condition allow them to give a derisory amount when they make a complete mess of your holiday but if the boot is on the other foot you lose your total holiday costs
Given that your original court date was in March 2011, can you tell us why the next hearing isn't until March 2012? I've never come across such a long delay in a civil case of this type. The fact that the TA engaged a barrister suggests that they are confident of their case - if they weren't it is unlikely that they would have gone to that sort of expense and would have made an offer to reach an out of court settlement as the cheapest option for them.
I hope that you win because if you lose I think that you run the risk of their costs being awarded against you in a county court case - if it was in the small claims court I don't think that they could.
SM
I hope that you win because if you lose I think that you run the risk of their costs being awarded against you in a county court case - if it was in the small claims court I don't think that they could.
SM
Its was money on line claim under £5000.00 the reason for the delay was that there is such a back log of cases
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