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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I booked a holiday to Egypt 4 years ago on line where I paid

Resolved Question:

I booked a holiday to Egypt 4 years ago on line where I paid the deposit, then rest at travel agents. Then got phone call to say company had gone bust, went back to travel agency who informed me that a separate company was handling getting everyone's money back. Travel agency helped me to contact company and fill in forms. Company dealt with it for some months and then wrote to say they could take it no further and I should have to deal with it myself. I sort advise from a law firm who basically said that because the holiday had cost less than £5000.00 it wasn't worth taking to small claims court and that they couldn't help.
I have recently spoken to a couple of people who have stated that the same thing or similar had happened to them and that the travel agency should have arranged another holiday and then reclaimed the money themselves because they were ATOL protected.
Can you please advise me.
Corinna Pears
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Corinna my name is ***** ***** I will help you with this.

Alex Watts :

Under the Limitation Act 1980 you have 6 years to bring a claim for breach of contract from the date it occured.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

Dear Alex,

Customer:

Dear Alex

Alex Watts :

Yes?

Customer:

Dear Alex, Thank you for your response.I have never been able to get an address for the company (African Safari Club) I booked with and Huntswood who were dealing with the claim on behalf of the CAA were the company who then wrote to me saying that they had not been successful and I would have to deal with it myself. Where do I go from here?

Alex Watts :

Did you pay on credit card?

Alex Watts :

Who did you pay for the holiday?

Customer:

Dear Alex, thank you for your response. I have never been able to get the address for The African Safari Club that I booked with on line and Huntswood who were dealing with the claim for the CAA were the one's who told me that they could take it no further and I would have to deal with it myself. Where do I go from here?

Alex Watts :

Did you pay African Safari club on credit or debit card?

Customer:

No I didn't pay on a credit card only by debit card

Customer:

Also paid First Choice by debit card

Customer:

Paid deposit to African Safari Club on line and rest to First Choice at there shop

Alex Watts :

Cant you claim against First Choice?

Customer:

I don't know, Since I was told by the solicitor that he couldn't/wasn't worth helping me and as First Choice had helped he deal with Huntswood I thought I couldn't go any further. What do I need to do.

Alex Watts :

You should pursue First Choice.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

How

Alex Watts :

See above if you can

Customer:

Thank you, ***** ***** do I go to if First Choice no longer trade as I have been told may be the case

Alex Watts :

No they are still going:

Alex Watts :

http://www.firstchoice.co.uk/

Customer:

Thank you

Alex Watts :

Can I clarify anything else for you?

Ash and other Law Specialists are ready to help you

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