advise please on how i can get compensation for stress dissapointment lost holiday

You say you've cancelled your holiday because of the change in accommodation (I can understand why you would want to do that in the circumstances you've explained).
Have you had a full refund of everything you've paid?

I think you're likely to be disappointed in your expectation of 'compensation' for the reasons you state.

Yes probably unlikely that you will get much more , if anything on top of what you have paid . who did you book with ??. Someone correct me if I'm wrong but i'm sure the main T/o's give you some small sliding scale of compo but no doubt the buck has now been passed on that by offering you alternative accomodation.

Holiday companies seem to be able to pull the rug from under our feet at the 11th hour but if we try to do the same to them we loose everything .

Not sure what you're entitled to when you cancel your holiday due to a very last minute change in accomodation- I would have thought a full refund but you won't get compensation. I'm afraid to say that they will also ignore your protests about choosing that particular accomodation as you wanted to be with your brother. They don't hold themselves responsible for accomodating you in the same place unless you were all on the same booking form. I know as it's happened to me.

i will get compensation because at the time of booking it was stated that it was a family holiday and we was going out a week later.
i will explore every legal avenue in this matter the holiday company wont fob me off

if you have got a full refund then there is nothing more you are entitled too. It is not the TO that overbooks the hotel it is the hotel management. Small claims is £3000 or under if not you need to go to court to raise a full action. Both of these cost money and you need grounds or your case will get no where

i will get compensation because at the time of booking it was stated that it was a family holiday and we was going out a week later.

I hope you do, but is there any proof on the paperwork of your booking form stating this? It's one thing informing the TA of this but quite another if it's not written in stone. I've always been aware that if you don't want any hitches such as being separated from family or friends that you have to be on the same booking. I understand that as you were departing at different times this wasn't possible but I think you'll have a fight on your hands.
Good Luck anyway and please keep us informed out of interest.

good for you Daviee

Do you have anything in writing to verify that , i.e were the seperate bookings cross referenced .

i have got grounds the company even phoned me this morning stating that my hoilday is back on and that they vcan now get me into the original hotel
told us to pack our bags just checking the flights should be no problem i am told
so my families hope are raied again
phone one hour later to say they cant get the flight back home
is that not a case for distress stress lose of enjoyment i think it is

the holiday was booked at the same time by the same sales rep with same discounts even confirmed that he had spoken to my brother who booked the holiday

keeping my fingers crossed that they can sort this for you and your family Daviee

they cant the holiday is cancelled throught there total incompedence

That certainly is total incompetence . From saying there was a problem with the accomodation and an offer to change it how now is there an issue with the flight . Was it cancelled and they were now trying to rebook it .

what would of happened if you had accepted the change in accomodation . No flight home .

I'm sorry that this has happened. I know how frustrating and upsetting it is to lose a holiday that you have been looking forward to.
Unfortunately, other than the small amount of compensation that you should get from the operator, I doubt you will get much, if any, more. The fact that you were on two seperate bookings numbers and even going on different dates will mean that it isn't classed as one booking. Telling the travel agent does not guarantee anything.
Obviously having your hopes raised when being told they had managed to get your accommodation back and then dashed because of lack of an inbound flight might count for something towards stress.
Presumably they had managed to get another room from the hotel but as you had already cancelled your original holiday, including flights, they probably thought they were helping you. Perhaps they should have checked the flight situation before contacting you thus avoiding more upset?
The overbooking is not down to the agent or operator but the hotel, so I don't think it is entirely fair to call them incompetent.
Please let us know how you go on with your complaint.

I am going to take a holiday company to court or arbitration what the best way small claims or abta

Be aware that if you go to arbitration through ABTA and lose you cannot take it further.

luci

AND -
if you plan to take a company to court you will need to demonstrate that you have made every effort to resolve the dispute before involving the courts. Court action should be seen as a last resort.

Here's a link that you may find useful:
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

Also, there is a very good thread titled "Taking a Tour Operator to Court - Tips and Advice" just above this thread.

i am sorry i cant see the tread do you have the web site
thankyou

Link to taking tour operator to court
http://www.holidaytruths.co.uk/viewtopic.php?f=49&t=142919

i am issuing proceeding could anyone help mewith the amount of detail you should put on the claim form
thank you