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jonni2bad

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Everything posted by jonni2bad

  1. It's very important that we don't cloud two issues here. Firstly, you pay a premium for recorded delivery that is intended to provide some assurance that it has been delivered - i.e. the signature on arrival. It is not a service that is intended to do anything else (i.e. specific delivery schedule of insurance backing). You are also paying (within the overall cost) for delivery. When an item sent by RD is not recoded as being delivered, you are certainly within your rights to claim this percentage back, after all, it was a service that has not been given! This does not mean that the item is lost, so if you are intending to claim for a lost item, you should clarify if it hasn't actually arrived with the recipient. To claim for a loss without knowing it to be lost, more especially if the process is being used to claim compensation beyond your loss, is likely to lead to trouble. For the avoidance of doubt, I'm not suggesting that this was the OPs intention, but I'm responding to the nature of posts here which may be seen to indicate such. If you incur costs in order to clarify the delivery, these should be claimed also (perhaps a telephone call or another letter etc). IF the items did not arrive also, then your claim will be for loss. This includes ONLY the total costs of postage, plus the actual value of the item lost, up to the maximum value allowed by that service (think it's £35 ball-park-figure). You cannot claim for losses beyond these, or for consequential losses unless separate insurance was taken. The claim process is actually quite straight forward. You can start the process online, but I believe you have to print off a claim for and send it by post (>) including any proof of the losses incurred. In my experience, the process is normally resolved within 7 days, but I do believe they have a deadline in some excess of this to cover busy periods. I've said many times before on these forums that I believe RD to be a waste of time - more especially a waste of money. For those who truly HAVE to have confirmation of delivery, Special Delivery is the option to go for. If you simply want some cover for losses, then get a FREE certificate of postage from any Post Office - this gives you a receipt for postage, providing insurance for loss as above, but is also useful for presentation in a court claim. Contrary to popular belief, a court claim would not need to include evidence that correspondence was received by the other party, nor proof that something was sent - but it can help!
  2. There really is no way of answering that other than to guess. Firstly, it depends on the definition of 'active' - then we would have to trawl through records of each user to see when they last visited so that we could determine the figures. Perhaps it means 'how many ever post' but that would just be a very high percentage, but again we're not going to trouble ourselves finding out. The truth is that some come and go quickly, as soon as they have read the snippet of info they need , others come and bring a sleeping bag I doubt that anyone would be troubled by the thought of people coming and going quickly if it meant they had actually been helped - that is always the most important thing for us. The site still grows at a very respectable rate and I doubt that it will be too long before we pass 200,000 users. If nothing else, that would be a great many people who have taken the consumer revolution to their heart.
  3. There is no truth in this (which will come as a major disappointment to some!) We're going to be a pain in some very royal behinds for a long while yet.
  4. Or perhaps not - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html ciaomc, this is not to suggest that there is something fishy about your offer to help by PM, but hopefully you can see why it is not encouraged. Many thanks
  5. The OP has requested opinion on his options. If other users wish to bicker and score points with each other, your posts will be moderated and this thread closed. Users are reminded that if you have a different point that you wish to raise, start your own thread.
  6. Depends upon what you booked, and how. If you have booked a package holiday, there is a chance that your agent will be able to rearrange with another provider. If not, then you will be refunded. If you booked flights only via their website, for instance, then ATOL will not cover it, but you may be able to claim through your card provider. What are the details?
  7. Presume that they paid more than £100... If so it is ALL, not some. Tell him not to be fobbed off
  8. I have now made a sticky HERE If you paid by credit card, phone them back. You are covered by section 75 of the Consumer Credit Act. Do not let anyone tell you that the only cover is from ATOL - this relates to holiday bookings where the operator placed a bond with the CAA ATOL insurance scheme - it has no relevance whatsoever to your credit card payment. If the person you speak to does not know their job, ask to speak to a supervisor. If you receive a quick refund, you might be able to organise your holiday with another flight provider.
  9. 12.09.08 XL Leisure Group PLC. incorporating XL Airways UK Limited, Excel Aviation Limited, Explorer House Limited, Aspire Holidays Limited, Freedom Flights Limited, Freedom Flights (Aviation) Limited, The Really Great Holiday Company PLC, Medlife Hotels Limited, Travel City Flights Limited, Kosmar Villa Holidays PLC – are all in Administration SEE WEB ANNOUNCEMENT AT XL Customers stranded abroad can call +44 2891 856 547 Customers worried about future bookings should call 0870 5900927 ************* With the company now in administration, the Civil Aviation Authority (CAA) have taken over the logistical operations involving passengers who have already travelled or those who have booked flights or holidays protected by ATOL. How many people are affected? The CAA estimate 300,000 customers will be affected. Approx 50,000 are currently abroad (having booked their holiday through an XL operator, 10,000 who flew with XL Airways, and 25,000 holidaying with other tour operators who shared the XL flights). A further 200,000 people had booked holidays and flights for future dates. What happens to me - I'm currently abroad? Administrators say holidaymakers who bought package deals through XL should be able to stay in their hotel or villa and complete their holiday, and that in most cases the CAA will pay for this accommodation. Customers who are charged for their hotel or for transfers to the airport have been advised to keep any receipts as they may be eligible for a refund from the CAA. The following tour operators held Air Travel Organiser’s Licenses (ATOL) and customers that purchased air holidays and flights from them will be ATOL protected; The Really Great Holiday Company PLC - ATOL 3827 Trading as: Cruise City, Excel Holidays, The Florida Skytrain, Transatlantic Vacations, Travel City Direct and Travel City International Kosmar Villa Holidays PLC - ATOL 1760 Trading as: Kosmar Holidays Freedom Flights Limited - ATOL 5296 Trading as: Freedom Flights Aspire Holidays Limited - ATOL 6536 Trading as: Aspire Holidays A flight will be arranged to bring you home by the CAA. You can check with your holiday representative for information about any changes to your flight arrangements, or check on the ATOL website (www.atol.org.uk). For those customers in particular distress please contact the CAA’s help line on telephone number +44 (0) 2891 856 547. Customers who booked direct with XL Airways (their flight numbers begin XLA) may be able to get a seat on one of these planes, but they will be charged for their journey (this is because they are not covered by the ATOL scheme). The CAA was not able to say how much the fee might be. EasyJet has said it will fly stranded passengers back to the UK for a flat rate of £75, as long as they were due to return home before Saturday September 20. Passengers will need to provide an XL booking reference number when they arrange the flight and present their booking confirmation at the airport. What happens to me - I booked my flights online? If you booked with XL Airways or Medlife Hotels will not be entitled to a refund (via ATOL), as these bookings are not covered by the ATOL insurance scheme. Whether they can get any kind of compensation will depend on how you paid for your holiday. Those who paid more than £100 on a credit card will be covered by section 75 of the Consumer Credit Act and will be able to get their money back from their card provider. If your card provider is a little confused and believes that the refund can only come through ATOL, tell them they are incorrect, they need to check their facts and you'd like to speak to a supervisor. Those who used a Visa debit card, or paid less than £100 on a credit card, should be able to get a refund under the charge-back scheme - users of other debit cards, however, have no protection. If you have travel insurance, check your policy. The majority will not be able to make a claim, as cover against airline failure does not come as standard. What happens to me - I have not travelled yet? All flights have been cancelled and will not be rescheduled. Passengers who have booked through a travel agent should contact that agent in the first instance who will be able to assist you in making a claim on ATOL. If you booked directly with an XL Group company than please contact ATOL directly, they may be able to provide an alternative arrangement. Unfortunately, customers who booked through xl.com or xl call centres are not ATOL protected. Consequently, you will be ineligible for a refund from ATOL in respect of your flight. See the above information regarding forms of payment. In the event that you wish to organise your own return travel, detailed below are a list of potential alternative carriers: First Choice – 0871 200 7799 Thomas Cook – 0870 750 0119 Thomson – 0871 231 5938 Further information can be obtained from the Administrator’s help line as follows: From the UK – 0800 068 8991 From Abroad - + 44 208 242 4783
  10. You called your credit card because.... you booked using the card? If so, then the flights do not have to be ATOL protected, your card issuer is jointly liable and you should seek a refund through them. This doesn't help you get to where you want to be, of course. I have friends who also booked with them and I've been searching for alternative flights this morning. Prices seem VERY high at the moment - I wonder why?!!!
  11. 'Without Prejudice' documents are also 'privileged' documents but these relate specifically to all negotiations genuinely aimed towards a settlement between the parties. Letters do not need to be marked as such in order to retain 'privileged' status (although it may be considered best practice to do so), but documents that are not genuine 'Without Prejudice' documents will not have 'Privileged' status. Unless there is agreement between both parties, 'Without Prejudice' letters cannot be disclosed even in respect of consideration of costs. Courts have held that previous and/or future letters in a chain can be the subject of 'without prejudice' even if not marked. 'Without Prejudice' is intended to protect a party in the action from any embarrassment caused by admissions which were made purely in the interest of settling (CPR Rule 31) 'Without Prejudice Save as to Costs' letters are 'privileged' but these documents can be disclosed to a Judge after he has made his decision on liability. A 'Without Prejudice Save as to Costs' offer letter can provide cost protection.
  12. Ouwww, I like that one! By the way - what were the details shown in the Particulars of Claim against you?
  13. Travelodge deal no good for you, I'm afraid... *************** £9 Winter sale £9 rates are only available at selected hotels on selected nights, must be booked at least 70 days before the date of arrival and are only available online at Travelodge. Book by Sunday 21 September 2008 for stays between 1 December 2008 and 22 February 2009. Subject to availability. This offer is non-commissionable and cannot be used in conjunction with any other discount scheme. £9 rates must be paid for by a credit or debit card at the time of booking and cannot be refunded. Information correct at time of broadcast.
  14. Sorry for the cloak, I will update at some point...
  15. I take it that this was a telephone call? If it was, I don't suppose you have it recorded, so you?
  16. But have you received any formal notification of anything like this? If your case goes before a judge for any reason, you'll know about it in advance, rather than a court official mentioning in passing that something might have happened. You need to clarify this, so speak to them and get a clear, unequivocal answer from the court - do not accept maybe or likely as an answer...
  17. Why would the case be dealt with earlier than the date you have already been given? Indeed.
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