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Kyosanto

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Everything posted by Kyosanto

  1. Hi, first of all thanks for your update, it's good news that they seem prepared to pay your expenses without batting an eyelid. Although it did take them 5 months... (legal requirement is 7 days) We will use that to our avantage later. Anyway send them your bank details and get that out of the way first and foremost. (In case you were wondering Air France take care of Delta customer support in the UK and Delta does the opposite in the US, so it's normal that they were the ones to reply to you) Regarding your EC261 claim, you should pursue, but first you need to answer my original question: Did you travel as part of one single PNR/Ticket number? If you did, but only if, then the European court of Justice ruled that all connecting flights should apply as if you had been connecting in the EU. See here: New compensation rules for delayed transfer flights outside EU (euclaim.com) So in this case Air France is being dishonest with you when it is trying to sweep it under the rug as a flight that originated outside the jurisdiction of the law. If you travelled with multiple tickets because you broke down the fees, or you bought them with some shady OTA who combined separate tickets to save you a few bucks, then Air France is right and you should drop your EC261 claim. Evenso, if you suffered any quantifiable damages, you could stil demand compensation from Delta. Americans are very court happy and would most certainly threaten the airline, and usually obtain at least some vouchers as a result.
  2. How much of your money are they holding? Have you ever self excluded from a bookies, or been banned? Bookies are mostly crooks preying on the vulnerable, while at the same time having a history of punishing winning customers. They'll have to give you your money eventually. Your next step would be threatening them to make a complaint to IBAS - then actually making one.
  3. For the first time since covid I took the train instead of the car to get to the airport. Do the planet a good deed they said... The result is not a success... -Purchased an Open Return, Nottingham to Birmingham International, from Cross Country. -I intended to break the journey at Birmingham New Street overnight, then resume it the following morning, so prior to purchase I asked Cross Country customer service if this was allowed. They explicitly said it was okay and gave me a link to the following fare rule: National Rail Enquiries - 2V -I completed the first part of the leg without issues, come the following day, my ticket get rejected at the gate. I hail the gate agent for help, who tells me bluntly my ticket is invalid. -I tell the gentleman surely that's not possible and attempt to show him the messenger conversation and the 2v fare rule on my mobile phone. -His reply is to tell me he is going to have me removed from the station by security as I'm causing trouble. (I had not even raised my voice). He then proceeds to talk on his walkie talkie, so instead of staying to see what will happen I head to the ticket office. -The gentleman there accepts to see my mobile phone with the fare rule, but after some time fiddling with his computer says "Sorry mate I haven't a clue" and says all he can do is sell me another ticket at regular price. Keen to avoid trouble and get my train, I buy the ticket. -I complained to Cross Country on messenger and asked them to reimburse the 2nd ticket, as well as let them know about the abusive gate agent. They replied that AvantiWestCoast is responsible for this station and I should address my complaint to them. They also confirmed once again that my ticket was still valid and I should have been let in. -I emailed CS at AvantiWestCoast with the same complaint, asking for the refund + letting them know about their abusive gate agent. -The reply was a very tone deaf mix of corporate templates. They denied the refund on the ground that "Customers are informed prior to purchase of the fare conditions", following by some condescending explanation about why, according to their rules, overnight journey breaks are not permitted. -How they addressed the complaint about their gate agent behaving like a bully was yet worse. They said they are passionate about their customers (lol), but the agent acted according to company policy here so did nothing wrong. They will however pass my feedback directly to "the relevant staff" to see how they can improve their service. What an absolute joke. I think this is a result of using a template reply, but you can imagine how happy I was to have them confirm in writing that it's their company policy to call security on customers who politely ask a question at the gate. Also you don't "pass feedback" to a bully. -Anyway I replied I was not impressed with how they treated my complaint, I attached the full Messenger conversation again to show that I was indeed well informed prior to making the purchase, and pointed out to them that under the 3rd party act I am allowed to claim reimbursement from them, as no matter what they claim I was evidently mis-sold the ticket. -They've been ignoring me now (4 days). My next steps Go back to Cross Country once more and ask them to intercede, since so far they've been the more helpful one. After a few more days of no reply from AvantiWestCoast, send a final email, looping in the CEO for good measure. Maybe tweet about it to get some attention. Letter of claim if they persist in denial. Note that the amount for the extra train ticket is extremely small, talking under 10 quid. But I have this irrepressible need to see injustice repaired. If the staff had explained things politely without use of threats I probably even would have been okay with letting it go... Can you please let me know if I have anything wrong here, in case I am blinded by my self-righteousness. I see this as a 120% chance of winning here. I was sold something based on a promise made in writing. That promise was a lie. There is no way I have no right to have my second ticket reimbursed here is there? Could I claim for more than that? The entire fare perhaps! Am I right to keep going for Avanti instead of CrossCountry? thanks in advance
  4. Hi, first thing is you should stop calling them (or believe a promise of a callback) and do all your dealings in writing. Being given an email is not a bad thing at all, in fact it's a blessing! I suggest you write immediately and CC yourself so you keep a copy of the email. Now I am a bit familiar with damaged luggage - which you need to fill a claim form with the airline with within 7 days - but I don't really know what happens to wheelchairs, sorry... If they are considered normal luggage there might be a maximum the airline won't go over... somewhere around USD1500 i think?! just be aware. Anyway have you actually filled some form of a formal claim with the airline in writing and more importantly do you have the receipt + reference number? Have you got a quote for the cost of your repairs done? I suggest you just send them a fairly dry email that says something like "You damaged my chair on X day, I have shown you all evidence. You will need to pay this quote in full by 14 days or I will be initiating legal proceedings to recover the full cost and damages + interest as I am currently unable to use this wheelchair" or similar. Oh yeah do you have a travel insurance? They'd probably insist you get paid by Easy Jet, but they might be able to assist. Once you start doing all your dealings in writing with them as one should, and decide to take them to SCC, someone will be here to advise how to write a letter of claim etc...
  5. Yeah, I meant the other digs that I removed. Such as "I will be as kind as to waive the late fee" or "As I suspected" RE: damages for stress, you can wait for someone competent to reply but I'd think that would be very difficult to prove. Do you have a doctors' note to assess that you are suffering from immense stress due pspecifically to this incident? You expected the seller to provide doctor's evidence that your necklaces give people allergies. Surely you should also hold your own claim to such high standards of proof.
  6. I'd simplify just a bit for form and grammar, and remove the petty digs (I am not a legal professional)
  7. Sadly this is textbook scammer stuff. Have you refered this to the police?
  8. I'd suggest something like this if this help: As you know, I have begun a Paypal dispute on Monday 23rd, following an issue where the courier you hired to deliver my purchased item, delivered it to the wrong address, then falsely claimed it was delivered to my address. Despite me reporting this to you with evidence you have been ignoring my emails so far and have not responded to the Paypal dispute. I expect that before Monday 6th Feb, you will ship the item I ordered and paid for, to the correct address. If you are unable to ship the item, I will expect a full refund by the same date. I will be more than happy to cancel my Paypal dispute if one of these 2 outcomes is reached by the stated date. Failing so, I will escalate the dispute with Paypal for a full refund, evidence in hand including this email. I also intend to leave reviews on the relevant websites and Social Media to inform the public of the quality of service that can be expected when placing orders with you.
  9. Since you paid with Paypal the dispute process is fairly easy. Start by raising a dispute with paypal immediately. This will show the retailer that you're not joking around. Make sure you communicate to the retailer in writing, via paypal and/or directly, so you can have evidence. Give them a deadline such as 10 business days to refund you. If they fail to refund you or ignore you, you can then escalate the dispute with Paypal and given what you have said about the evidence that is already in your possession I am positive that Paypal will issue you an immediate refund as soon as you escalate. Just make sure you are aggressive with the deadlines and don't let them lapse. Edit: Sometimes retailers will try to pressure you to drop your dispute in exchange for a promise to refund you. Always refuse. You will drop your dispute AFTER the refund is received and not before.
  10. I actually learned something new here. When I was young I rear ended someone who had abruptly stopped in the middle of the road to cross a double white line, and I never questioned my responsibility Thanks all!
  11. Try make a complaint to the FCA Report a scam to us | FCA As a sidenote they are already aware and warning that Bullexo is a fraud: Bullexo | FCA There's a possibility that the "banks" who issues the loans are in with the scammers. You might get further calls from scammers claiming to be the police or then bank, telling your MIL to move the money in a "safe account". No matter what don't follow any instructions you receive from anyone on the phone, ever. I'm sorry for your MIL and hope you will manage to get some justice. I guess the silver lining is she didn't have an entire account worth of live savings to scam, because the way she handled this, it would all have been gone by now.
  12. Disclaimer: I'm not a specialist and this my opinion based on what I remember from driving school ages ago: 100% at fault as default for rear-ending, since you need to keep enough distance with the car in front so that you can stop in time if it slams the brakes, for whatever reason. I'm sorry but the fact that she rear ended the car proves that it was not safe distance. IIRC the only time where you're not 100% at fault when rear ending is when the person in front of you brakes with malicious intent, ie to cause an accident, so, not to let someone in traffic.
  13. If I could get compensation everytime a public transport employee was rude to me, I could quit my job right now! This won't be of any use to OP for this time but if I have to jump in a train without a ticket I usually immediately go on my phone and buy one, does the trick. Hurrah for the 21st century.
  14. Please consider naming the garage in question. You have nothing to lose from this but they have everything to lose. Members of the forum also deserve to know what ****** garages refuse to communicate in writing and call despite you telling them not to. (I am not disabled, and cannot fully appreciate how awful this must be for you but I HATE with a passion any of those companies. Telephone calls are an absolute nuisance, come at the worst of times, ring during work meetings, wake you up in the morning, don't leave a record etc etc.) The only thing not naming them achieves is to protect them. Do you feel responsible for protecting them? There is ZERO adverse action they can take based on you reporting facts on this forum.
  15. Well ICO refuses to take the complaint further until I have chased them for an answer, which to be fair I have not. I've now written an email to British Gas giving them 5 business days to reply, so I'll wait this much longer, but doesn't this make this bit of the template letter (which I grabbed from your site) a bit moot?
  16. Hi there. I sent British Gas a S.A.R around October time. I got 2 replies from them, one asking for personal details to confirm my identity, which I sent, and one snail mail saying they are sorry it is taking longer than expected to get my data. That second one was in November. Nothing since. Could you please point me out to the threads which explain what to do next? P.S. The S.A.R itself wasn't a big deal. I was just curious how a DCA got our personal details, and were trying to bill me for an address I did no longer live at, and BG were absolutely horrible in dealing with it. (had to speak to them 4 times before they spoke to the DCA to make them stop). But now that they are 3x behind schedule I think it's time to make them pay.
  17. One popular scam is to make believe someone received a payment by showing you fake bank statements. If you are positive that the money actually reached you it's unlikely to be one of those scams. £250 would be the standard EC261 compensation for one person for a flight delay for a flight from/to Spain, so seems probably genuine to me and if only 1 of your flights was delayed than £500 is standard compensation. If you do decide to pay back the overpayment, feel free to retain money used on drinks/food while you were waiting as you are also due that. You could in adition try lowball them a little for your efforts. After all they love charging us admin fees, so why wouldn't you try! You should name the airline really as the community can only benefit from sharing of information. Based on the bank it's most probably going to be Vueling or Volotea?
  18. Defering responsibility to a child to dodge liability, deliberately keeping their cards close to their chest until the very last minute, shows you what kind of games they play. Disgusting games. Congratulations on holding strong and not losing! Cheering for you if you take it to round 2
  19. Hmmm, that seems an extremely steep price to pay for a mistake you noticed and reported immediately... I'm really sorry as this is a bit outside my area so can't give you concrete advice, but I'd recommend you don't pay until you get someone else to chime in, maybe @uncle bulgaria can help? Just a few thoughts from me: Do you have a copy of their terms and conditions? There might be something like "If you notice your confirmation does not look right you must report it to us immediately blah blah blah" try and see if you can use this to your advantage Worse case scenario pay back the flights, but: do NOT pay the "admin fees" (someone here will advise you but I'm pretty sure those are bogus and not legally enforceable) Get your taxes refunded It might be worth trying to negotiate something with the company, seeing as you have leverage (you did not pay them in full yet). You could try something like: "Hello, as purchasing these flights was the result of an unexplainable mistake, that it was not what I intended to purchase, and considering I reported this to you in good faith immediately after noticing the mistake, note that I do consider your demands to pay the full fee unreasonable. As a gesture of good will from me to you, I will accept to part with my deposit £150 to cover for any inconvenience on your end, but I do not intend to pay further fees. I trust this will settle the matter?" I will be more than happy to pay you the sum in full - including a reasonable change fee - if you allow me to keep the credit with you to spend on a future holiday. I trust this will settle the matter?" Another thing you can try: do not cancel the flights. You may try to get in touch with Ryanair and Easyjet and explain the situation to them and see if they will let you change your flights for another date (for a fee). This will be better than losing £400 In general, and unless you are sure you can get a refund, never cancel flights or tell an OTA you are cancelling flights until the very last minute, as should the flight be cancelled or have a big schedule change, you would then be able to get a full refund. When Travel Agents are being useless (as often) it is often effective to try and deal with the airline yourself and see if they will negotiate something more favorable to you. I once had a (very slightly) similar experience to yours. Booked a ticket with error in my name (thanks google autocomplete!) and I noticed immediately and reported it back to Lastminute. Lastminute were utter garbage and refused to change the ticket and told me I was at a loss (for close to a grand!). I called the airline (air france) instead and after some explaining they authorized the change. Lastminute still took 5 weeks to reissue my wretched ticket, even after I had done all their work for them. I have also managed to change flight dates before by calling airline instead of OTA.
  20. Hmm sorry I think I have been a bit confused all this time. I had assumed that you had initially received a confirmation for ABC, but it had be changed to XYZ some time before departure. But what actually happened is that you thought you were booking ABC when browsing the website, but after you pressed buy you noticed that you had actually bought XYZ, is that correct? Do you have any evidence whatsoever that you ever purchased ABC? Screen captures of confirmation screen etc..? If not it will probably be very difficult to prove that the mistake was not from your part. There's no cooling off period for flights or hotels, but if you noticed the mistake and reported it immediately after purchase you should be able to negotiate something reasonable with the business. Exactly how long after you made the purchase did you contact them? You say they've offered for you to change your dates/hotel? That seems like a reasonable offer to me in this case and you should take it for when you next go on holiday. Sorry if I misunderstood anything, it's sometimes hard to interpret post when they are so short, and don't contain dates etc.
  21. How much did you pay them already? Nothing? A deposit? If you paid them nothing than this will be very easy for you since you only need to pay them what you agree with. First of all you should flat out refuse to pay any fee whatsoever, since they failed to provide you with the service you purchased, and those fees are legally dubious in the first place. Do not budge an inch on this. Cancelling your flight is a grey area... you don't have the default legal protection since this is not a package holiday. But first let's make sure loveholiday actually did book a ticket for you on EZ Jet. Did you receive a confirmation for your flight, which comes with a PNR (a 6 letter/digit code), or Ticket Number (usually 13 digits)? (It MUST have one of these somewhere, if it's just flight number and flight dates, this is NOT a confirmation) If you don't, you must insist that love holiday send you evidence of your confirmation. Do not pay anything until then. If you did have confirmed tickets on EasyJet, then that means you are technically liable for the cancellation, as loveholiday paid them for your flight. Then it's up to you to decide: will you pay or fight? If you are going to pay: Ask them to invoice you the cost of the flights as it was originally quoted to you, minus the airport and fuel taxes, which you do not need to pay now since you are not flying. Do not pay a penny more including any bogus "admin fees" or "cancellation fees". If you are going to fight: This depends how much you have already paid them. Either you will need to fight to get your money back, or you will need to take a brazen attitude and refuse to pay and invite them to take you to SCC to obtain anything from you. The latter would be easier so it's best for you if you didn't pay anything yet. You need to make sure that you have a strong and compelling argument for being "scammed" as you put it, including written evidence of what you purchased VS what you received, records of your communications with them etc.. (I hope you saved everything and recorded your calls) You have not provided much info about the above so it's hard to tell how strong your case is, so far we just need to take your word for it. P.S: You could also have kept the flights, and paid for another hotel separately, or take loveholiday's offer but demand a discount for the downgrade. But I guess you are too far gone already to go down this route?
  22. Agree with Man in the middle as in you won't have the package holiday protection, and technically you might have to pay for the flights on your end. On the other hand it looks like this could be a case of bait and switch. Do you know why your original hotel was no longer available? Were you given any explanation? If the same happened to me I would try and get all of my money back via s75 and then tell them to sue me if they disagree. What is the breakdown of the £647, is that for flights only?
  23. My understanding is the same as yours Manxman. The law will continue to apply until is either revoked or replaced by something else (which hopefully offers a similar level of protection). If you look at how the text was edited to refer to the UK and the community as 2 separate entities, seems to make complete sense. The only thing I would suggest @Nirkster do to be safe is get the METAR for the whole day at both airports, since I only got the times where their flight was scheduled (And I persist to think they don't look abnormal, winds are low and visibility is "9999+ feet" all around.)
  24. There are multiple accounts of EC/261 claims still being treated in the UK, but for those still in doubt, UK gov has its own version of the law online, which is still branded as "latest". This seems to strongly hint the law is indeed still applicable. It has even been adapted after Brexit to separate the UK and the Community, in the details of the text. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance) WWW.LEGISLATION.GOV.UK Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of...
  25. Ahh wait, I didn't realize we have 2 posters. Are @Grablicht and @Nirkster the same person?
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