Anyone used Arbitration or Small Claims?

Muffpuss

I'm assuming you have checked and the company are an ABTA member. If so, ABTA can oblige them to respond. If you have written to them at least twice write to ABTA with the details you are giving here; you can even do so On-line from the ABTA website. If they think you have little or no case they will advice you against proceeding. Otherwise, they will give you a registration number (plus information) and this allows you to proceed to arbitration. You have to pay a fee (around £72 if you want £3,000 or less in compensation, that you may get back if you are successful.) Seemingly, around 75% of claims succeed, though as another correspondent has pointed out, you may not get as much as you ask for, as you are required to justify the amounts. But as you have a 3 in 4 chance of success it's certainly worth proceeeding with your complaint. As you say, £700 is not peanuts.

lewroll

Yes I have written to ABTA and basically the company seems to be ignoring them as well. As you say, they have given me details of the arbitration system and I will be making a decision on what to do next after I have seen a solicitor tomorrow. Apparently ABTA can only advise the company that I am unhappy with the situation and intend to take it further! I'll let you know how I get on!

Alan_Bowen

This is a good case to take to arbitration, the company will have to pay a substantial, £200 plus, fee for the arbitration and that often makes them wake up to trying to settle. Solicitors are likely to suggest litigation since that is what they understand but arbitration will be much quicker and simpler, it is all on paper and if they ignore the proceedings, the arbitrator will deal with it anyway and you can enforce the arbitration award as though it was a court order anyway!

lewroll

Hi there, thought I would give you an update.
Have taken the advice and gone for arbitration but to date the company has ignored all attempts to get it to reply to the arbitration and ABTA is now on the case

Alan_Bowen

To fail to reply for 6 months is dreadful, I think the arbitrators can act solely on your evidence but ABTA should bring the company before its Code of Conduct Committee and impose a major fine which if they don't pay will lead to automatic termination of membership. What worries me is that this has all the hallmarks of a company in financial difficulties because it makes no sense to act like this. If they think they have done nothing wrong they can defend themselves, those that don't may have other reasons for silence. Good luck

lewroll

Hi everyone,
Further update - I now have a judgement against this company but to date they have refused to pay anything at all!!
ABTA are basically useless. All they say to me is that I can go to County Court to enforce payment. So tell me why would anyone go to their arbitration? You may as well go straight to Small Claims Court and cut out a lot of wasted time and effort.
Also I have no idea whether this company will keep its ABTA registration or not.
Very unsatisfactory.
I have now filed a claim in County Court and will of course update you when and if I actually receive a resolution!.
Cheers

Alan_Bowen

That is a disgrace, if you have an award against an ABTA member they should be supporting you and taking disciplinary action against the company. Since you already have the award in your favour, it may help others to avoid them if you name the company since they can no longer deny the decision against them. My worry is that perhaps they are in such a financial mess they can't afford to pay, in which case taking legal action may be throwing more money away or alternatively they are simply totally inept and disorganised, which of course was the reason you started this in the first place!