stolen holiday - what are my rights?

OlliesDad

Owain_Moneysaver wrote: »

And does your husband have the right to take the children out of the country?

I presume as the OP states he will be taking the new girlfriend and her kids, she will have permission.

Also, if it was his own kids that he was taking, she would need a court injunction prohibiting the kids from going.

jimbms

OlliesDad wrote: »

I presume as the OP states he will be taking the new girlfriend and her kids, she will have permission.

Also, if it was his own kids that he was taking, she would need a court injunction prohibiting the kids from going.

That shouldn't be a problem, if she applies for a court injunction the day before the holiday he will be unable to take the kids out of the country until the court has decided on the case which can take long enough to miss the flight.

pinkshoes

I hope the travel agent head quarters take this seriously, as his new girlfriend could get in a lot of trouble over this!

As a next step, I would send a recorded delivery letter to your ex, asking him for the sum of <£amount of holiday>, given he is refusing to let you go, has changed the correspondence address to his own, and has written a note on the holiday file that the travel agent is not to talk to you.

Tell him he has 7 days from receipt of this letter to pay you back the money, otherwise you will take court action.

Also let him know that you have submitted a full complaint to the headquarters of the travel agent, and have notified the bank of the fraudulent use of your card.

Entitle the letter "Letter Before Action".

soontobemrsg

Once again thanks to everyone who has taken the time to reply. I have written and posted a letter to the head office of the TA as I don't feel it was worth me writing to the shop because of her working there.

I just phoned their standard customer services line pretending to want to book a holiday with my husbands card and they said that unless they speak to him they can't take card payment and this surely is proof enough for them that they should have asked for my consent and clearly the only reason they didn't was because it was his girlfriend.

I obviously would never have paid for a holiday that I didn't intend to go on and only want the tickets relating to myself and the children so that I can use them to get another holiday, I honestly don't care about the cost of his ticket (well maybe I do out of stubborness) but just want to be able to have the money back so that I can take the children somewhere.

Money_maker

OP, no advice but just congratulations on splitting from such an odious creature that would put others children before his own.

Hope she thinks her 'catch' is worth it..

Broken_hearted

Owain_Moneysaver wrote: »

And does your husband have the right to take the children out of the country?

If they are his children then he should do or are we saying she has no right to holiday with the children either.

blue_monkey_2

Sound advice from Pinkshoes - get a letter sent to him TODAY asking for your money and if he refuses you will be taking him to court for it. And then do it. It is very, very easy and will take a couple of months from start to finish. You'll only have to go to court if he contests it.

Here is the link for moneyclaimonline: https://www.moneyclaim.gov.uk/web/mcol/welcome It costs £30 to file a claim, fill the details in and send them off, a few days later you'll get the forms so will he - and you will get the £30 back when you win. Ask if you need advice on how to fill in the form. Do not do it emotionally (affair, kids cannot go on holiday, etc...) as the judge is not interested in all of that - but factually in that he paid with your card, refuses to refund you the money but is taking other vguests etc...

Fingers crossed that the letter to the HO will see the holiday cancelled and her sacked anyway.

Did he book the holiday in the shop or was it something they did together when alone?

Oh, and men/oldest as lead?? No, I am always the lead on our holiday bookings as my hubby could not organise a PU in a brewery let alone sort a holiday out. He would lose the documents on the day they came. I will, however, use his card to pay for it.

blue_monkey_2

Broken_hearted wrote: »

If they are his children then he should do or are we saying she has no right to holiday with the children either.

Depends, if he only has supervised visits with the children then no, he will not be allowed to take them out of the country either way - this has nothing to do with whether the mother is allowed or not too.

Broken_hearted

Which is all wrong the kids have two parents

blue_monkey_2

Broken_hearted wrote: »

Which is all wrong the kids have two parents

Not quite sure what you are getting at here but it warrants an answer. It does not matter if a child has 2 parents - if the kids have, for example, been abused by their father/mother then he/she would be on supervised visits and he/she would not be allowed to take them on holiday alone in the UK let alone out of the country. And that would be for THEIR protection - nothing to do with HIS/HER rights at all.

Would you allow a man/woman who had abused you or the children to take your children out of the UK? What is your ex had just come out of prison - would you allow them to go on holiday with the kids the next week? For me it would be an absolute, definite no and I would go to court and take adequate steps to ensure it did not happen.

Being a parent does not give you automatic rights to do what you want with your children - sometimes you have to prove you are worthy of that right because of your past actions or behaviour. And rightly so.

Sorry for going Off topic OP.