Checklist before taking Legal Action

So, you have probably reached the end of your tether or you have patiently pursued your Travel Provider and you are thinking about going to Court! Before you take that all-important step, there are several things you should consider:

  1. Give us a call!
    1. We can provide you with expert guidance on your holiday complaints;
    2. Our Service is Free and without obligation;
    3. We may be able to highlight other options you have not considered;
    4. If you have suffered with a holiday illness or injury, you need to have this examined carefully as these types of cases have different considerations – we can help you do that!
    5. Take care not to rush too quickly into court – many do and fail without good preparation – weNEVER recommend that you rush into court without seeking independent guidance first!
  2. Have you thought about contacting your Credit or Debit Card Company? You should consider how they can help:
    1. Debit Cards - The rules for recovering your money from a debit card are different to when you pay by credit card. We understand that if you pay by Maestro card, the bank is not obliged to refund you under current UK domestic law or where there a bankruptcy arises. The only exception would be if you ordered goods or services online from a company whose website's centre of operations lay outside the UK. If you paid by a Visa Debit card, then you will be able to claim your money back through the Visa Debit Chargeback Scheme. You can claim your money back if the goods are damaged or the products or services are not delivered. You must make such a claim with your card issuer within 120 days of you not receiving the goods or where the company has gone into administration. (We would strongly recommend that these issues are checked before taking action. This link directs you to a BBC article on this matter) - (Check with your card issuer the time limits for claiming - if you are close to that limit, do not wait for the travel provider to respond!)
    2. Credit Cards - If you paid by credit card there is an argument that your credit card company should assist you to resolve this dispute under Section 75 of the Consumer Credit Act. You should consider contacting them to lodge your complaint. The following link relates to atemplate letter you could send to your credit card company to activate your complaint with them (this is provided by Which?) - (Check with your card issuer the time limits for claiming - if you are close to that limit, do not wait for the travel provider to respond!)
  3. Have you thought about contacting Trading Standards and using the Unfair Trading Regulations?Read this article from HolidayTravelWatch on how to do this!
  4. If these routes are also closed to you because you have tried and exhausted them, then you need to consider the following points BEFORE taking an action into court:
    1. Has the Travel Provider answered all your questions?
    2. Have you listed all your complaints with them?
    3. Have they been given a fair opportunity to settle the matter with you?
    4. Have you got all your evidence gathered together?
    5. Have you exhausted all evidence gathering?
    6. Do you know or understand the laws and regulations that can help you?
    7. Do you have doubts – that’s perfectly natural – you don’t have to remain isolated with those doubts – call us and we will guide you further!