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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
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#1
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Hi folks
The wife and I took a cruise. Owing to mechanical problems one destination out of five was omitted. I wrote to the company, who offered £346 in 'travel credit' as compensation, to be used before end 12/07. Trouble is I don't want to use them again. They are not ABTA members. What is my best way, if indeed any, to get them to make a cash offer. Small Claim? and if so, for how much? Many thanks Psychman |
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#2
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On Sat, 30 Dec 2006 10:45:02 +0000, psychman put finger to keyboard
and typed: Hi folks The wife and I took a cruise. Owing to mechanical problems one destination out of five was omitted. I wrote to the company, who offered £346 in 'travel credit' as compensation, to be used before end 12/07. Trouble is I don't want to use them again. They are not ABTA members. What is my best way, if indeed any, to get them to make a cash offer. Small Claim? and if so, for how much? Many thanks What does it say in the small print? Are you guaranteed five destinations, or does it say that the number of destinations advertised is subject to amendment if necessary? If the latter, then you've got no legal claim at all - the best you can hope for is a goodwill offer, and it seems that they've already made that. You might find that writing again and asking for a cash offer gets a suitable response, but if it doesn't then there probably isn't much more you can do. If, though, it was specifically advertised as a five-destination cruise and the small print doesn't mention the possibility of varying it, then you probably do have a good case for a partial refund in cash. Without knowing more about how the cruise was advertised and the Ts&Cs of the package then it's almost impossible to give any more detailed advice. Mark -- Visit: http://www.MineOfUseless.info - everything you never needed to know! "I know I can be afraid but I'm alive" |
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#3
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"psychman" wrote in message ... Hi folks The wife and I took a cruise. Owing to mechanical problems one destination out of five was omitted. I wrote to the company, who offered £346 in 'travel credit' as compensation, to be used before end 12/07. Trouble is I don't want to use them again. They are not ABTA members. What is my best way, if indeed any, to get them to make a cash offer. Small Claim? and if so, for how much? Many thanks Small claims is the way to go. Send a letter threatening same first. How much? Well how much of your holiday was spoilt? 10%, 15%? I doubt that you will get a judge to agree to much more. tim |
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#4
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The wife and I took a cruise. Owing to mechanical problems one
destination out of five was omitted. I wrote to the company, who offered £346 in 'travel credit' as compensation, to be used before end 12/07. Trouble is I don't want to use them again. They are not ABTA members. What is my best way, if indeed any, to get them to make a cash offer. Small Claim? and if so, for how much? Many thanks Small claims is the way to go. Send a letter threatening same first. Legal action should always be the last resort not the first. Neither is it a good idea to threaten. Write a polite letter sating why you don't think their offer is acceptable and ask for a cash settlement. At the top of the letter make sure you put the words "Without prejudice" which mean that the letters cannot be used against you in court. State a reasonable time, say fourteen days, for a response. How much? Well how much of your holiday was spoilt? 10%, 15%? I doubt that you will get a judge to agree to much more. tim -- Peter Crosland |
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#5
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Legal action should always be the last resort not the first. Neither is it
a good idea to threaten. Write a polite letter sating why you don't think their offer is acceptable and ask for a cash settlement. Quite so. From the kind advice offered here I shall reply and request the cash settlement. Since they have already had 2 letters they will realise I'm quite determined, but I'm also happy to acknowledge the efforts they have made. Psychman |
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