Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How much are you actually hoping to get out of them and how was the holiday affected by this? Have you suffered any other losses in addition to this?
Yes thank you, ***** ***** just going through it and will reply soon
Thanks for your patience. Whilst I understand the issues you experienced with the boat and the effect it had on your holiday, I will try and explain what the legal position is in such circumstances. As you have not suffered any direct losses as a result and you still continued with the holiday, your only potential claim would be for loss of enjoyment. This would reflect the time spent on the boat for which you paid, but which was ruined by some breach of contract or misrepresentation by the company. There is no precise science as to how such compensation is awarded and each case will depend on its own circumstances. Generally a quarter to a third of the value of the holiday would be considered reasonable. A lot would depend on what was actually wrong, whether you should have known about it (taking into account the advertisements, brochures what you were told at the outset, etc) and how a reasonable person may have seen these issues and their seriousness.
Whilst there is nothing stopping you from rejecting the latest offer and continuing to negotiate, if you do so and take the matter further, you may have to go to court to seek further compensation. The risks increase because you will have to pay for this (no legal assistance is required unless you decide to use it) and there is no guarantee you would get what you were hoping for. You may nevertheless take the matter as far as you wish and continue negotiating with them in the meantime.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.