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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I wonder if you can help clarify whether I have a case to make

Resolved Question:

I wonder if you can help clarify whether I have a case to make against Thomson (TUI)?
My partner and I booked a holiday to Egypt. We were due to fly on Wednesday 2 December. However, my partner at a late stage formed a view that she did not wish to continue with the holiday. Her concern was related to the downing of the Russian airliner over Sinai albeit that we were to go to a different Egyptian destination.
On the 17 November I emailed Thomson advising that I was cancelling the holiday.
Thomson received this notice of cancellation of the holiday and confirmed receipt at 14.30pm on 17 November. That was more than 14 days from the start of the holiday.
I received a subsequent email on 17 November from a Thomson Customer advisor who acknowledge the cancellation but advised that he could not process it and that I'd have to ring a telephone line. I was out of the the country at the time so could not call but in any event this seem to relate to a Thomson administrative issue rather than a cancellation notification. I could not call for a couple of days but when I called on 19 November I was told that I was now seeking to cancel the holiday within 14 days of departure and hence would not get any refund.
Thomson's terms and conditions are
'12. If you cancel your booking
These charges are based on how many days before your booked departure we receive your cancellation notice, and are a percentage of the total cost of your booking, not including your insurance premium.
Period Before Departure When Notice Of Cancellation Is Received is 21 - 15 days 90% of the total booking price.
I would therefore be entitled to claim 10% back of the basic holiday price - which I accept.
Thomson's published terms and conditions do not stipulate in what form the Notice of Cancellation should take. Therefore, I believe that my email of the 17 November is quite clear - I was cancelling the holiday and Thomson's Customer Advisor, Gareth Holloway who responded, understood exactly my request. His difficulty was that he could not himself administrative administer process the cancellation, not that he had not received it.
Thomson still maintain that I did not cancel the holiday in time.
Am I wasting my time in pursing this further?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you get a delivery or read receipt please?
Customer: replied 1 year ago.
How do you mean? I got the email notification from you if that helps
Expert:  Ash replied 1 year ago.
And was that within the deposit only time?
Customer: replied 1 year ago.
I got an acknowledge of my email and an email. Both within the deposit time.I can forward it if you need to see it.My problem was that notwithstanding my email, the customer advisor who subsequently replied said he could not cancel the holiday unless I called them. At the time I could do it as I was out of the country.I might have been mistaken but I formed the view that they new cancellation request in time butvitceas the processing of itvthstvwas to occur after the event.On the phone after the cancellation date (which was the wrong side of claiming a refund) they declined to accept that the holiday had been cancelled in time. I was aguing that they had nevertheless receuced notice of cancellation in time.I've complained but they ignore answering that point.
Expert:  Ash replied 1 year ago.
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?
Alex
Customer: replied 1 year ago.
That's fine. My only question is whilst I can see the issue, is my understanding correct the whilst they did not put in place the cancellation administrative work, they were aware from my email that I was within my rights to claim notice of cancellation was made in time.
Expert:  Ash replied 1 year ago.
Yes I would agree and therefore in breach of contract.
Does that help?
Alex
Customer: replied 1 year ago.
Yes thank you.
Expert:  Ash replied 1 year ago.
Good luck.
Alex
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