Consequential losses

[Harrishawk]

Hi all
Firstly i would like to say well done to everyone who's won thier claim
I'm with tesco cc and when i read this i rang them they had already refunded me the money i had paid aegean but when i asked about the difference i had to pay for replacement flights they just said its not thier problem so i asked them to send me a letter and they refused to do that too
Do i need to contact them in writing rather than phone
Many thanks

[Dirkster23]

Hi all
Firstly i would like to say well done to everyone who's won thier claim
I'm with tesco cc and when i read this i rang them they had already refunded me the money i had paid aegean but when i asked about the difference i had to pay for replacement flights they just said its not thier problem so i asked them to send me a letter and they refused to do that too
Do i need to contact them in writing rather than phone
Many thanks

Put it in writing to them and tell them you need a letter from them confirming this is their final say in the matter. Once you've got this you can move your complaint to the ombudsman.

[dksbbs]

Do i need to contact them in writing rather than phone
Many thanks

Everything should be in writing and recorded delivery, do not use phone or email.

Write to them stating since your claim for flight refunds you have been informed about consequential losses under section 75 and the you now request a refund of the extra money you had to pay to keep your holiday. If you email me via the envelope to the right of this post I will share the letters I used.

Dave

[dragon]

Have a look at http://www.moneysavingexpert.com/shoppi ... -purchases
and http://www.moneysavingexpert.com/shoppi ... clnk&gl=uk

'When a company promises to deliver to you, it does so under a contract with you - even if it isn't written down. This is because whenever you buy goods and services, you're technically entering into a contract.

If a company breaches that contract, you may be eligible for compensation, either due to a direct loss (eg, for not receiving the product) or for what's legally known as 'consequential loss' - or for both. 'Consequential loss' is an indirect loss that occurred due to a breach of contract, ie, if what went wrong made you lose out in additional ways.

The point of compensation is to put you in the same position you would have been in had the contract not been broken. So the consequential loss you may be able to claim for, and the amount, depends on if you lost out '.

This is provided that your credit card company didn't have a consequential loss exclusion clause.

There is also a template that you can amend on the moneysavingexpert website.

As Dave has already said everything should be in writing and sent by recorded delivery but you should also put a date in by which you would expect a reply otherwise it could drag on for ages. They tend to take notice of this as it is held against them if you take them to the Financial Ombudsman and they've taken longer to reply. You need two letters of refusal before going to the Financial Ombudsman but I remember reading on this forum of someone who didn't wait for the second refusal, went direct and won their case.

Hope this helps and good luck.

[Harrishawk]

Hi
Thanks very much for all you replys everyone i'll certainly write tesco cc a letter and see what they come back with
Cheers Dave i'll get in touch when i'm at home on a proper computer thanks for your offer
Cheers

[dksbbs]

I have decided to post my letter for the benfit of others, I had already been refunded for the original flights when I made this claim, I have removed names and personal details, obviuosly the formatting is not the same as Microsoft Word so the layout looks a bit untidy on here.

David XXXXXXXX
Street
Area
Town
Postcode

30th August 2011

Dispute & Chargeback Department
Credit Card Address

Dear Sir/Madam

RE: Mastercard XXXX XXXX XXXX XXXX
And
Failure of Holidays 4 UK Limited t/a Holidays 4 U & Aegean Flights – ATOL 4097

Firstly may I thank you for your prompt action regarding my previous letter (copy enclosed) and the refund to my credit card.

Having now received my CC statement and having taken further advice I am now claiming for the additional amount of £687.69 for the consequential losses I have incurred on the grounds that the company has gone into administration and you are jointly and severally liable for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974

As you can appreciate the failure of this company two days prior to our departure date was traumatic, the evidence attached also includes renewed bookings for two other families who we were travelling with, a group booking was made on this occasion to ensure we obtained sufficient seats on the same aircraft.

The highlighted breakdown of costs below shows the charges attributed to the consequential losses I incurred from my original booking, the other families costs have been excluded.

Please also note the alternative transport was achieved at the lowest cost option available on the day, we also ensured we matched like for like on luggage allowance.


These costs are as follows:-

Transport to our holiday destination (Icmeler, Turkey):-

Original: Manchester to Dalaman Return
Replacement: Outbound - Liverpool to Rhodes + Ferry to Marmaris,
Inbound - Bodrum to Liverpool.

EASYJET
Flights Luggage CC Charge £75.37
Cost Qty Total Cost Qty Total Sub Total % of Total Ratioed Out Total
Family 1 £275.20 4 £1,100.80 £30.00 3 £90.00 £1,190.80 44.32% £33.40 £1,224.20
Family 2 £275.20 3 £825.60 £30.00 2 £60.00 £885.60 32.96% £24.84 £910.44
Family 3 £275.20 2 £550.40 £30.00 2 £60.00 £610.40 22.72% £17.12 £627.52

£2,476.80 £210.00 £2,686.80 £75.37 £2,762.17

FERRY
Adults Child
Cost Qty Total Cost Qty Total Total € Total TRY Total £
Family 1 44.00 € 4 176.00 € 30.00 € 0 0.00 € 176.00 € TRY 429.12 £158.48
Family 2 44.00 € 2 88.00 € 30.00 € 1 30.00 € 118.00 € TRY 287.71 £106.26
Family 3 44.00 € 2 88.00 € 30.00 € 0 0.00 € 88.00 € TRY 214.56 £79.24

352.00 € 30.00 € 382.00 € TRY 931.39 £343.98


Highlighted rows show the new costs of replacement booking that relate to our original claim:-

Summary Costs

Flights £1,224.20
Ferry £158.48
Sub-Total £1,382.69
Refund Received -£695
Total Claimed £687.69

In support of this additional claim I enclose copies of the following documents:-
1. Booking confirmation Easyjet
2. Booking Confirmation Marmaris Ferry
3. Credit Card Receipt – Marmaris Ferry
4. Credit Card Statement (Copy)

I look forward to a full and prompt response to this letter within 14 days.

Yours sincerely


David Surname