Jkr, you would not be expected to know what to look for in the paperwork. You said in your first post that you thought Medhotels were part of the First Choice group, which of course they are not, but as no-one has told you otherwise, how are you to know!! Its no big surprise that no-one has called me back from First Choice as yet.... not that I really expected them to when I expl why I was calling in the first place!! Thank you for the information you have posted for me. I will make good use of it with your permission to try and find out what I need to, to help you. They will not speak to me on a case specific basis as they have to consider data protection, but they should be able to answer some very interesting questions. I'll let you knw how I get on. Heidi

Got a phone call from the police yesterday, they have someone in custody who has addmitted to stealing my car!! But still cant find my car. Well I suppose its a start. I phoned Virgin this morning to advise, and was told I may even have my cq b4 xmas!! This all seems too easy! They have given me a valuation, which I suppose is acceptable, and thats it really. Just have to wait and see now. Heidi

I have just had quite a lengthy conversation with First Choice H/o re: they ATOL query. No one seems to be able to help me at the moment. A really nice lady has tried to help me and is passing my query onto to some-one who will be ringing me back. I am trying to find ouy if the agencies are govenred by the ATOL licence also. I really could do with knowing the dtls of the agency that have booked the holiday for you, like their address, ABTA no and telephone number, if you want to give it to me also you booking refernece number (by private message so it wont show on the forums if you want to keep it private) also if you have it the name of the agent who dealt with you.... this is a long shot I know!! Thank you for your patience Oh by the way, ABTA's dtls are Consumer Affairs ABTA Ltd. 68-71 Newman St London W1T 3AH 0207 637 2444 Kind regards Heidi

Hi Jkr, Just spoken to a lovely guy at ABTA called Dennis. He has advised that if you have sent more than 2 letters to First Choice re: your complaint, then you should contact Abta, sending in your complaint and any documentation you have, correspondence, invoices ticket stubbs atc (take photocopies of all) and they will advise on the next step, be it arbitration, small claims atc. He aggrees that you were mis-sold the holiday UNLESS they hold their own ATOL licence, which they may do, however, I would have thought that the agents would work under a totally seperate set of rules and only have an abta number! I used to work at Going Places about 10 yrs ago which are owned by Airtours (now mytravel) and we only had an abta. If you have any details of their ABTA number and a telephone number for them (First choice) please private message me with it (click on my name and go into private message) and I wil make sone enquiries as to whether or not they have an Atol licence or not, if not, they could be in seriuos trouble.... so lets hope not for your sake! Heidi

Hi, just to add to what Rosiecotton has put. First Choice agents will find themselves in very deep water if this is what they have done. If they have put a holiday together for you by means of seperate flights and accommodation, they should have charged you 2 different amounts, one for the flights, then one for the accommodation. By taking a total cost from you and not itemising, they have acted as a tour operator and sold you a package (which you holiday was not!!), which the agency is not licenced to do! I think on this point alone you stand in a very strong position. I am about to try and contact ABTA for you for some advice. Ill post again when I know some more. Kind regards Heidi

Hi jkr..... It definatley sounds to me like you did not have a package holiday. This alters things, how exactly I'm not sure yet. I need to do some digging around for you and come back to you. I cant do anything tonight as I am going out for a meal with my hubby as it is my b-day tommorros, "happy birthday to me!" I am going to try and make enquiries with ABTA for you on Monday and see what they suggest you do. I'm not 100% sure what the regulations are etc for a "dynamic package". My first port of call IMO would be to complain like stink to the booking agents for mis-leading you about what you had booked, ie: you were lead to believe at the time of booking it was a package, not flights and accomm seperate. They have a duty to advise you of this. Secondly, they also have a duty to tell Medhotels about people in your party with disabilites and to make sure the property is suitalbe for you as guests BEFORE you go. Medhotels on their website do have specific hotels with "disabled room" facilities, be it that they are larger with special fixings and fittings. The room type you were booked into will show on your invoice / accommodation voucher. This is the agents fault as far as I am concerned. Not medhotels. They book medhotels themselves on the internet... I do it numerous times a day!! If they had done their job properly they would know whether the hotel is suitable or not. If you can leave this with me til after the weekend, I will see what info I can turn up for you. Rosicotton may know the road to go down, she seems much more legally minded than my-self! Take care and I will post again soon. Heidi

Hi sorry to butt in.... Spooky is on my wave length here.... I'll try and explain my angle! Did you recieve an accommodation voucher from MedHotels.com? Or did you recieve an invoice from First Choice holidays as the tour op not the agents?? What I (and I think Spooky) is trying to get at is it sounds like you have been sold this holiday as a package, however, if the agents booked the flights through Thomas Cook and the accommodation through Medhotels (quite common practice) then you did not have a package holiday through First Choice. You were miss-sold dreadfully if this is the case. I would look at all the paperwork you have assuming you still have it, if not, ring the agents with your booking ref. number and ask them. This will effect your claim and effect who you need to claim from. Rosiecotton sounds very knowledgeable and helpful and has given you a great deal of excellent advice so far and I'm sure she will continue to do so, as we all will. Basically if you did not have a package holiday booked, and you were not made aware of this, then the booking agents have a lot of answering to do! You can (or at least I think you can) claim from them for miss-selling a holiday, not providing you with what they said they were, or witholding information from you about how they were booking the holiday. My h/o has sent a stern message to all its staff to make sure we tell all customers that they have booked flight and accomodation seperatly (as this comes under a completely different set of terms and conditions) and in no uncertain terms do we ever mention the word "Package" when we book holidays this way! If First Choice Holidays as agents have done this and not told you, then they could find themselves in serious trouble. (assuming this is what they have done) If you need me to explain this further or help you to establish if this is what they have done then please pm me anytime, I will be more than happy to help! It could be that it was all booked through First Choice Tour Operations, and the hotel they booked you into wasn't furnished with a First Choice rep, they may have employed the Medhotels rep to work on their behalf, this I find ludicrous and highly unlikely, and TBH dont know why I even suggested that, but I suppose in this industry, anything is possible. When I read Medhotels in your OP alarm bells started ringing immediately, not that there is anything wrong with them as a company, it just sounds like you are so convinced its a package holiday with First Choice, in whivh case there should be no mention of Medhotels anywhere. Medhotels are an Accommodation only and transfer supplier, not a Tour Operator! Please let me know what you know of this and I will try and pick the bones out of it for you! Heidi

The above poster does ahave a point (to a point, though IMO aggressivley put!) When you book flight online/ over the phone etc... you are entering into an agrrement with them. Normally you have to check a box to say you agree and will ahere to their terms and conditions. Clearly you dont! I maybe stating the obvious here, but the increase in the fare is because the class has increased, may not make sense to some people. I will try and expl it as best I can. Ecomomy fares are broken down into different fares, as are First class and Business class. The cheapest fares do not allow any flexibilty whatsoever, you've booked that, you take that, and thats that sort of thing!! The next fare up will have some flexibility, you can change the flight/ name or whatever, for a fee. The most expensive fare in any class is the one that will allow you full flexibilty with very little or no charges. But you may still be in ecomomy class in exactly the same seat!!! Am I making sense so far?? Basically, once the cheap fares have gone, they've gone, and you have no choice but to pay for the next available fare. One thing I would look into (I'm not a legal eagle, I'm a Travel Agent!!) is that you have only wanted to change the name on the ticket. Not the ticket itself. They should not need to "cancel & rebook" this ticket, unless you gave them very short notice, which I'm afraid you need to take that on the chin! If an airline needs to cancel the person originally on the booking, release the seat back into the system then rebook it for the new person, then yes the new fare will apply. If you have given enough notice (by this I mean before you are due to travel) then all they should do is the name change and charge the admin fee (£30.00 is about standard!!) . Its something I would look into as it may help your case should you wish to pursue it. I wish you luck, and will try to offer the best advice I can. I may not always say what you want to hear, however, I will always be honest with my opinion, be it an opinion or one based on fact! Heidi

It is of course possible that all 32 did book together.... it can be done. The above poster does have a valid point though. Maybe they did book in dribs and drabs. Were Thomas Cook the only T/O to use that hotel?? Sometimes T/Ops are the only company to supply a particular property in the UK, but in most cases, there maybe 3 or 4 different companies all using the same hotel, not to mention all the accommodation only companies (theres around 15 or more of these!!) If you want to find out if TC is the only op to use this property in the UK, all you need to do is look in the brochure, it will clearly state it in there (I would be very surprised if it doesn't) Or pm me and I will find out for you. All correspondence should be going to the Bradford office too, thats is their HQ. It could be that TC did not book these guys, then you have no complaint against them. It could be that they did book them..... should they tell them they cant go on holiday together to that hotel, should they dictate to them where and when they can go?? Of course its not a nice experience I'm sure and I'm sure I would complain too. I think to expect compensation is a little too much, though there is no harm in trying! Heidi

Will do! Does left hand know what right is up to??? I think not! Anyway, we shall see! Thanks for the advice guys, much appreciated! Heidi

Well it still hasn't been found yet:-( Isurance co. have sent a letter saying that they will settle the claim, but they want to send someone out to look at the car to help value it? There is no car to look at (well not yet anyway!!), please tell me this is a standard letter! Heidi

Hi Moo Ella, Did you speak to them?? Have you managed to negotiate anything?? Heidi

Well I do like the advice you have given me... many thanks once again! What does my green dot mean?? Heidi

Hi Buglelight, Just to wish you all the best again, Bookworm is working very hard to help you the best way he/she can (sorry Bookworm!!) Its awful that the insurance are being more than difficult in an already difficult situation. Most insurance co's are very reluctant to pay out at the best of times, but in these circumstances, a little bit of compassion goes a long way.... something ins co's lack greatly! I wish you all the best, I'm sorry that I cant be much help, insurance isn't one of my strongest points I'm afraid! Heidi

Hi guys, wondering if anyone can help me. I may be jumping the gun here as Virgin haven't contacted me yet re: my stolen car. It was stolen from outside my house last night sometime. (Subaru Legacy) I have never claimed on my insurnace and the last time (and only time) I had a car stolen was for a car not worth claiming for!!! There are a few q's I have and just wondered if anyone had any experience with this. Firstly, I have fully comp insurnance and it mentions that they supply a courtesy car while mines in for repair, but I haven't had an accident, its been nicked! What happend then ? Am I still entitled to a courtesy car? How will this claim affect my no claims?? Do they only take accidents into consideration or do TWOC's count againt it too? I know I should be asking them all this but I cant be bothered to wait 3 days for a phone call!! If I cant have a courtesy car I need to look into buying a banger until my claim is sorted out! Any help gratefully recieved, Many thanks Heidi

All insurance companies are different and it depends on what insurance your MIL took out. (ie: gold insurance for example will cover you for more then a standard policy). They will look at many factors of the claim, like for instance, was her son dependant on her and did she advise them of anyone who may cause her to cancel. I'll try and make this make more sense. If you book a holiday and say you look after your sick mother, and if the mother takes a turn for the worse or dies before the holiday, the insurance company want to know about it before you take out their policy, its then to their discretion whether or not to insure you for those purposes or not. Just like they can not cover you for an illness you have. (sorry if this is not making much sense!) Was your brother in law ill, and if he was, was he ill at the time your Mother in law booked the holiday? If he was and you Mother in law did not advise them, they will not cover her for that purpose. If he became ill after the hoiday was booked, then you may have grounds to appeal the decision. Insurance is a very difficult topic to broach lightly, there are so mant clauses and laws on advice (FSA etc etc) the best thing to do is seek some professional advice by someone qualified to do so. Its so easy for someone to get into trouble by giving out such advice. You cant even sell an insurance policy now without being a member of the FSA. Sorry about your loss too, I hope you manage to get something sorted out. I'm afraid the information you have given us isn't enough to give you exact guidelines and advice. I appreciate you may not want to go into so much detail with complete strangers, but theres only so much we can tell you with vague information. Take care, and please feel free to tell us more, only if you want to, and I'm sure one of us on here can try and help you out! Heidi

Hi mad chick, the Manager "is off sick" is not an excuse.... they have more than one manager in the head offices I'm sure, and I'm also sure that they can get another manager to deal with it. The best thing to do is to write a letter, telling them exactly what happened and exactly what you want them to do about it. Keep it short and to the point. Give them a timescale (beware, ABTA give them 28 days to respond) and if your requests are not met by your timescale, then you intend to seek legal advice. Advise them that this is your 2nd letter to them, and that you have been in touch with ABTA, (do this then you are not lying, not that they can do very much anyway, but they may point you in the right direction) Unfortunately there is no quick fix when sorting out these things, simply because of the timescales they are allowed to work to. They will try and fob you off all the way down the line. The trick is not to cave in and give up. The point is you booked a service and paid for it, and it was not delivered, for that you deserve to be compensated! They wont agree with you but do they ever. Good luck, if you need any more help, just shout! Heidi

Thanks guys, you are sooooo right!! The insurance co, be it with PD or with any other (by the way the operator is not allowed to make you take their insurance whether there is an offer of discount or not!) will not allow you claim for this reason. You will have to claim for health reasons or similar, and would need a doctors note to say you are unfit to travel. Its not quite so easy as just claiming! Forget about the insurance angle all together, its not going to work! Try and negotiate something with them. Be nice and you will probably find they maybe more willing to help! If you need any more advice or anything, I am more than happy to oblige. Heidi

Bookworm is right I'm afraid hun, When you enter a "low deposit" scheme, regardless of whether you intend to travel or not, the remainder of the deposit will need to be paid. And they will not let it go. Dont want to scare you or put the mockers on it, but thats how it is I'm afraid! You can try to negotiate with them, offer so much a month, or ask if they will sit on it til after xmas..... no guarantees but its worth a try. Everything you try now, all they will do is refer you back to the booking conditions, and the solicitors letter is right, its not thier fault if you didn't read them (not meaning to be rude or funny, please dont take it like that). You could maybe argue the point that it should be made clearer before you agree to these terms on their website, its not like you rush off to read the conditions before booking a holiday is it!! lol I hope you get somewhere I really do, but I do not want to give you false hopes either! And just incase anyone reading this thinks I dont know what I'm on about and thinks I'm being a right old sour puss (maybe they're right, lol) I've been a Travel Agent for around 10 yrs, and I will help in any way I possibly can, but I am not about to give out false information just because thats what you want to hear.... We have to be realisitc! Gosh I've read that back and I sound soooo harsh! Sorry, dont mean it like it sounds, its hard when you have to type out your response!!! Good luck 'hun Heidi

You could change the holiday to another one within the thomas cook group, to one you can afford and want to go on. You will probably be asked to pay the admin fees upfront so beware! Get a quote first. On top of the admin fees they may still require you to pay the rest of the deposit, you need to negotiate this with them. What you have done is agreed to pay a low deposit, the remainder is due by an agreed date, regardelss of whether you cancel or change or whatever. This should have been made clear to you at the time of booking. If not, you can complain that this wasn't what you were told. If you signed a document to say you were paying a low deposit, and agreed to pay the balance by xxx date, then you have no grounds for complaint. I'm sure you know this already as I think the previous posts expl this aswell! Good luck and keep us posted! Heidi

Good advice, I'd take it!! Heidi x

Hi Raquel, see your PM's! Just got yours, sorry for the delay;) Heidi

Well... It seems I spoke too soon. I have, right here in my hand, a cq that dropped through my door for the full amount... I WONNNNNNNNNNNN! Yeeeeeeessssssssssssssssssssss!!! wow, that feels better! I feel great, just got to work out how to get to Leeds in rush hour traffic for my eye appointment lol, left one doesn't want to play ball (scuse the pun) Great.... now what shall I spend it on? (a donation of course!) heidi xxxxx

lol, lets hope so! heidi

Oh no the dreaded yes car credit! I had a car with them yrs ago. It blew up! There is a forum for the automotive industry on here. Have a look, there is noe specifically for Yes cc too I think, maybe that will give you some pointers! Heidi