"HOLIDAY COMPENSATION" "SERVICES"

"NO WIN NO COST PLAN"

Surely that should read "No Win No Fee", I hear you cry. No, sorry, our plan is exactly what it says, a "No Cost Plan". This means that should we not win your case you do not pay us a single penny, unlike the traditional "No Win No Fee" Plan.

"The No Win No Fee Plan"

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Technically known as "conditional fee arrangements", the no win no fee plan was introduced following a change in the law in 1995. This change allowed solicitors to enter into agreements with clients which allowed the client to pay no fees during the course of the case, with the fees only becoming payable upon the case being won. In reality however, clients who enter into one of these agreements are often required to pay disbursements: Summons, Notice of Application, Consent Order fees etc, and may also be asked to enter into a indemnity insurance contract. Should this insurance be declined the client would ultimately take the risk of having to pay the other side's legal costs should they lose the case.
Usually, solicitors will only offer "no win-no fee" arrangements if they believe the client has a good chance of winning the case. Whilst in an effort to balance the risk of not being paid should they lose, they may charge the client extra if they win. This "fee for winning", which is linked to the amount of risk involved can, according to the Law Society, be as much as twice the cost one could expect to pay in normal costs. Therefore, a "no win no fee" plan should not be interpreted as a "no costs" plan and should only be entered into with the knowledge that you may be liable for disburements and the other side's costs should you lose and have not taken out indemnity insurance.

"The No Win No Cost Plan"

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This plan is "risk free" from any costs incurred by the client.
Initially each case is assessed by the evidence contained, with more involved cases being referred to our Consultant Solicitor. The client is then contacted and advised on the percentage chances of winning the case and the amount of damages they could expect to receive. [These assessments are for guidance purposes only]

Our plan then guarantees that any commission fees and disbursement costs are only payable upon being instructed to handle, advising on any offers made and then reaching a satisfactory outcome to the case.
This satisfactory outcome shall be deemed to be:

[a] A total refund of all Monies paid for your holiday or
[b] Damages for diminution in the value of the holiday and
[c] Damages for the mental distress, inconvenience and disappointment caused by the Tour Operator or
[d] An amount acceptable to the client or
[e] An amount that we "the company" feel is acceptable and may not be bettered or
[f] A payment into court made by the defendant.

In conclusion, whilst a total refund is always possible it is obviously determined by the facts. Occasionally the client may be happy with an out of court settlement, thereby eliminating the need to attend court. This settlement figure may be an amount introduced within our correspondence or a "VEE" total determined by the Tour Operator. "VEE" standing for loss of Value, Enjoyment and out of pocket Expenses. Another solution is that the Tour Operator makes a Payment into Court of the amount they feel your case is worth. Each case is as different as the person who endured it, as is the amount of compensation offered or accepted. Rule of thumb however, must over rule the heart. This being that should the Tour Operator offer 50% of the brochure holiday price or a figure reasonably expectant for the case, it may be wiser to accept the offer than risk further commission and disbursement costs, subtractable from the final figure.

You Work Hard For Your Holiday, Don't Take Any Chances.

Know Your Rights And The Right Way To Complain.

Contact Us By Phoning "HOLIDAY COMPENSATION SERVICES" On O121 351 2O72 Or email Us @

[email protected]