The government is cracking down on fraudsters who claim to have been hit by the ‘fake’ holiday sickness bug. They are attempting to eradicate fake holiday sickness scams, and warn anyone caught falsifying claims are to be charged and could face possible jail sentences.
A middle-aged British couple boasted on social media about having “sun, laughter and fun” on their holidays. After further investigation they were jailed, having been found guilty of making fraudulent insurance claims.
The jury heard at Liverpool crown court how Paul Roberts and his partner Deborah Briton submitted a claim for £20,000 in way of compensation by claiming that they and their two children had fallen ill on not only one but two holidays to Mallorca in 2015 and 2016.
Travel operator, Thomas Cook took out landmark private prosecution, using the social media posts where the couple had boasted about their holiday and described it to be “happy times”.
As the sentencing was passed Briton, 53, sobbed as she received a nine-month prison sentence after admitting four counts of fraud, her partner Roberts 43, received a 15-month sentence brought by the private prosecution of the holiday company Thomas Cook.
After the hearing, a Thomas Cook spokesman said: “The sentences handed down today demonstrate how serious the issue of fraudulent illness claims has become. This is a particularly sobering case but reflects what is going on across the UK travel industry, so we had to take a stand to protect our holidays and our customers from the minority who cheat the system.” said Abta.
The couple tried to claim for nearly £20,000, claiming they had suffered from a gastric illness. Had their claim been successful it would have cost the holiday company a further £28,000 in legal expenses.
Judge David Aubrey QC said their claims had been a “complete and utter sham”.
“They were bogus from start to finish, you were both asserting on your behalf and on behalf of your two children that on two separate holidays you had suffered illness. They were totally and utterly fake” said Aubrey.
He said: “Those who may be tempted in the future to make a dishonest claim in relation to fake holiday sickness if they are investigated and brought to justice, whatever the circumstances of an individual, he or she must expect to receive an immediate custodial sentence.”
In June 2015 Briton had written on her social media: “Safely home after two weeks of sun, laughter, fun and tears. Met up with all our lovely holiday friends who made our holiday fab.”
And again in 2016: “Back home after a fantastic holiday, my favourite so far.”
In August 2016 the couple contacted David Norman Solicitors to make the claims. The company claimed in court “Our client’s holiday was ruined due to their symptoms as they were ill for the entire remainder of the trip. They were unable to enjoy the holiday.
A hotel representative contacted Briton in order to investigate the claims, which in turn was told from the mother-of-four, that the claims were due to “Paul with his dodgy dealings”.
Charles Lander, defending Roberts, said: “It was an idea the defendant formed from speaking to others in a pub. He stupidly believed those others who told him he wouldn’t be detected. How wrong he was.”
On the very same day of the sentencing, the government announced a call for evidence from travel operators as part of a process to stop such false claims being paid out. The Association of British Travel Agents (ABTA) said it was delighted with the news and hopes it will stop “tarnishing British holidaymakers’ reputation abroad”. Spain has suffered the most to these false claims costing Spanish hoteliers millions of pounds in compensation.
“It is crucial that the government brings in new rules that control legal costs on holiday sickness claims as soon as possible, and we welcome the chance to be able to submit further evidence from our members to help crack down on these bogus claims,”
Boris Johnson, Foreign Secretary said: “These claims make it more expensive for Brits to go abroad. They should not have to shoulder the inevitable rising costs of bogus accusations made by a small minority”.
“The recent rise in false claims against tour operators, partly fuelled by unscrupulous touts, tarnishes the UK’s reputation overseas. It is also hugely unfair to those who genuinely do become ill, who risk becoming victims of unjustified suspicion. This is the first step in fighting the scam holiday claim epidemic.”
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