Thompson court need poc help - **settled out of court **

[andie_303]

I think I have read somewhere that standard "time" taken bringing a case is worth £9.50 per hour then of course your outlay in terms of fees.

 

Hope this helps

[Muffintop]

Thankyou guys I had heard this as well just not sure how to lay out costs and have seen it somewhere on a nice spreadsheet, do I have to apply prior to court case or at time? Im going to ring court on Monday and ask when the court date is being set for, cant believe its taken so long and want some closure now.

[Muffintop]

the case they mention kemp v intasun i did print it off but cant see why they are quoting it as their defence

[Muffintop]

this case is becoming an absolute joke with hertfordshire court. i originally filed in april the file was giving to dj in july and its still with her... think going to have to do written complaint to court manager.

[sexyfufu]

how you getting on Muffin.

 

where did you get most of your help from ?

[Folkiedave]

Just wanted to encourage you. I also had this "we will apply for costs" line from a firm of solicitors.

 

I would encourage you to go on if you feel you can.

 

I checked with a judge (friend) about this "costs" thing.

 

He says it would be unlikely that a court would award costs in these circumstances otherwise there is no point in having a small claims court! All a firm of solicitors needs to do is to threaten costs and obviously a private person buckles.

 

Hope this helps.

[Muffintop]

thanks for checking in, I cannot believe this is taking so long. I rang court again last week and they said the file is with judge, its been with the judge since july! i am scared of them applying for costs which would finish me off, I cant see how they can poss be right when i booked the holiday over the phone ispecified it was my honeymoon and that i was disabled, i have asked for disclosure of the recorded phone call but not sure if they have to keep it for period of time.

[Muffintop]

Hi, need help on my lonley thread... dj has asked for some directions. case set in december .... she wants a witness statement from me? dont know what one of these looks like can someone help

[Folkiedave]

Hi, need help on my lonley thread... dj has asked for some directions. case set in december .... she wants a witness statement from me? dont know what one of these looks like can someone help

 

I think if you go to the court there is a witness statement form.

 

Your local small claims court should help.

 

There is no chance of you paying costs unless you get a message from them saying they will.

 

Then you need some more advice.

 

But as far as I can see you are OK so far!!

[Muffintop]

thanks for looking and replying its tough on this thread as not of great interest to majority of people as we are all on the cca threads.

got court date 18th dec. found some material on google re witness statements hope this will suffice.

 

xxxxxxxxxxxxxxxxx and am the claimant in this case. I make this statement in support of my claim for compensation under an agreement which was not fulfilled by the defendant who I believe did not satisfy their duties under their criteria in Consumer Protection From Unfair Trading Regulations Sec 4 and mislead the sale of the product. I BELIEVE THE FACTS STATED IN THIS WITNESS STATEMENT ARE TRUE.

 

My involvement with the case is that I purchased a honeymoon cruise with the defendant for my honeymoon.

• On 8th xxxxxxxxxx, I booked my honeymoon with Thomson (named now on as Defendant) via the Cruise ship Destiny on the Mediterranean Renaissance trip shown on page 73 of Thomson brochure, for the periodxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Ref No xxxxxxx. This was booked via the telephone with a Thompson representative called xxxxxxxxxx, also detailed on the Balance reminder ref no xxxxxxxxxx sent to me on xxxxxx, copy attached.
  

I was advised that the telephone call was recorded. The page from the holiday brochure the holiday was booked from was Thomson Lifestyle Cruise brochure January xxxxxxxxxxxxxxxxxx December Edition, I exhibit as xxxx and a copy is attached to this witness statement. The original is available for inspection.

2. I gave the defendant my requirements, that it was our honeymoon and we were looking for a restful holiday with peace and quiet. I also explained that I had a disability which meant I needed to be able to sleep. The defendant advised me that this would be more likely to be achieved by going for one of Thomson’s Luxury Deluxe Cabins on the higher decks, shown on page 169 of their brochure. Copy attached. I went on to order the honeymoon package offered at an extra cost of £99.00 whereby a bottle of champagne, fresh flowers and chocolates were provided in our cabin upon arrival. This is detailed on my Holiday details (copy attached)

 

 

 

Claim No xxxxxxxx

Hearing xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

Claimant: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxxxxx Defendant:THOMSON- TUI UK LIMITED,TUI Travel House,Crawley Business Quarter,Fleming Way,Crawley,West Sussex.RH10 9QL.

 

3. Although this was more than we had budgeted it was this telephone conversation that encouraged us to pay £xxxxx for our honeymoon. At no time did the defendant tell me that we would be subjected to daily live performances to midnight each night, nor that our room was placed above the live entertainment lounge. This was also not mentioned in the holiday brochure’s terms and conditions. The description of the Deluxe cabins within the brochure and internet does not have any notes to state they may be subjected to excessive noise. Exhibit of cabin descriptions xxxx. Copy attached. The telephone conversation was allegedly recorded and a copy of this has been requested from the defendant to no avail. The defendants defence mentions that noise is mentioned in the booking information section, sub-section “your cruise” and mentions background noise and noise experienced in relation to adverse weather conditions. It also mentions that noise tends to be less affected on the higher decks. Our cabin was on a higher deck and the noise that we experienced was not due to ship manoeuvring or weather conditions but enforced entertainment. The defendants defence goes on to state that the cruise ship is a moving vessel therefore will experience noise in its general day to day operation. My complaint and subsequent claim clearly explains that the noise that led to loss of enjoyment was due to the enforced entertainment below our cabin each night.

 

 

 

 

 

i dont want to put whole witness statement for ob rreasons but each page has claim no and defendant details on and is signed by me at bottom as being true

 

comments

 

 

 

 

 

 

[Guest Old_andrew2018]

You could ask the site team to move your thread to a more appropriate forum (if there is One) may be the legal forum

[Muffintop]

Thanks Old Andrew, thats what Im going to do now thanks. will let you know if its moved.

[42man]

Moving to Legal Forums...

[Guest Old_andrew2018]

you might want to look at this thread http://www.consumeractiongroup.co.uk/forum/holiday-companies/224145-wedding-honeymoon-one-problem.html#post2481000

[ukaviator]

Well done Muffintop. . title changed

[cymruambyth]

But where is all the information between posts 39 and 40? I guess they improved their offer, are you legally required to keep quiet?

[Series3]

that's what I was wondering..