Advice for ruined holiday please, MyTravel

hammy_the_hammer

i totally agree with the advice you have been given ....please don't use the term fraud ..it will not do you any good using this term . keep to simple facts the basis of which is contained within your posts on here....good luck

Advocate

Advocate wrote: »

MyTravel shouldn't be allowed to dictate the timescale of resolving the complaint as your post implies, dmg.

dmg24 wrote: »

My post does not say that, what it says is that the travel company must be given the chance to remedy the situation.

Yes, your post does say that. It was, in fact my post which said the travel company should be given a chance to remedy the matter outside court.

Your post said:

dmg24 wrote: »

you first have to exhaust the MyTravel complaints procedure.

MyTravel set the rules and the timescales for their own complaints procedure. What if MyTravel were to keep dithering / ignoring letters / dragging their heels for months on end (as many companies do in these situations)? Are you suggesting the OP should wait for an indefinite amount of time in order to satisfy the court that MyTravel's complaints procedure has been "exhausted"? If you are saying this, then your advice is ill-conceived I am afraid.

dmg24 wrote: »

The courts do not take kindly to claimants jumping straight into legal action, it is a waste of their time.

I know. Nobody has suggested "jumping straight into legal action". Once again, if you read my earlier post you will see that I advised the OP to give MyTravel reasonable opportunity to settle the matter without resorting to litigation.

Advocate wrote: »

14 days is what a court would consider to be reasonable opportunity.

dmg24 wrote: »

I am assuming that you have legal authority to back up this statement?

Indeed I do. Are you suggesting this statement is wrong? If so, could you offer an alternative suggestion as to what a court regards as a reasonable length of time? I'm all ears.

dmg24

The small claims court would be the last stage of complaint, and hopefully the situation can be resolved before then.

So I did not suggest attempting to remedy the situation with MyTravel first?

I'm tempted just to put this in the small claims court for fraud

Nobody suggesting jumping into court action?

You clearly cannot read Advocate.

I did not know that there was legal precedent or statute on what 'a reasonable time' would be classed as, I would imagine that it would vary according to each case. So do you now care to quote the relevant statute?

StaceyAKelly

great good luck with your initial complaint letter. Try to detail as much as you can but also drop a little line it to state "that this list is not exhastive" as other niggly complaints always fall to the back of your mind which you will remember later on.

I can say though, when you pay (or pay a deposit) for your holiday you are automatically entering into a contract with the holiday company. Mytravel have clearly not kept up their end of the bargain and failed to give you what you have paid for, therefore they are in "breach of contract!"

Mytravels argument might perhaps be that they substitued unavailbles and it will be left for you to prove why they were not acceptable. But like I say if you have any Q's just ask.