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Kyosanto

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Everything posted by Kyosanto

  1. Please ignore the porkies that a certain someone has been polluting this thread with, and let's focus on the facts here: Fact: The law says that the burden of proof is on BA to prove their allegation that the weather conditions were bad TO THE POINT THAT IS EXCEPTIONAL AND COULD NOT BE FORESEEN. (EC/261, already quoted on this thread). I don't even know why we keep coming back to this. Fact: A small claims court is not as hard as it sounds. This forum is designed in the specific purpose of helping you file your own claim and see it through and it is full of success stories. Don't be discouraged just because a 3rd party sollicitor company - which are known for not really giving a crap, as is well documented on these forums - turned you down. Fact: I am not a professional pilot and this is a self help forum. I have given you the keys in how to look for METAR data and how to decode it. You are encouraged to dig more into it, double check my amateur analysis is correct, and that it will stand trial. You could ask on an avgeek forum for a better opinion than mine and I would very much encourage you to do so. I do agree with my friend "I learned law by clicking on a website" that the best we can give you here is advice... and maybe a couple of facts ... but in the end the decision is up to you. But I agree with your gut feeling. BA is lying to you. You have evidence that no other flights were cancelled that day right?
  2. So... somewhat successful outcome. After writing to Box, the retailer, Mendit let me know that Box would pay them for the cooler, and give me a £50 voucher for a new case. After a way excessive waiting time, I was finally returned my fixed PC, free of charge. The cosmetic damage to the case was so minimal that I decided to not replace it. £50 is not enough to buy a good case so I would not have been happy with that outcome if it had been badly bruised, and would have continued the fight. But now I'm letting go. In the end Box never replied to me directly, and Mendit never gave me the courier details that they were so keen to protect. I'm pretty sure the PC they returned to me had less than 2 inches of padding on one side, so basically exactly the same they accused me of not getting right!! In the end it took a whole 5 weeks to get this relatively minor fault fixed. A few lessons I'm taking home from this delightful experience: Don't buy extended warranties. Don't bother using the extended warranty that were given to you for free. Go straight to the retailer and let them sort it out. DO NOT send parts that aren't broken, even if it looks like it will be less effort for you. It's worth the extra effort dismantling your rig to avoid careless couriers trashing your stuff that still works. @ Moderators, could you please mark topic as resolved?
  3. Some further random thoughts: Even if you paid by debit card, you could try a charge back with your bank. Before that make sure you line up your written evidence that you are being denied your refund, or that both companies are playing ping pong with you. Have you saved the original email/contract from your reservation, and does that say anything about naming the driver? Personally I've always rented cars for myself, didn't know you could actually rent a car for someone else, BUT THEN: Budget rent a car website itself doesn't mention anywhere in the booking process that the payer is also the driver. It just says that driver needs to be over 30 and have valid documents, that you need to present at checkin. So hopefully, this is what your reservation will also say, in which case I think you have a good case for chargeback.
  4. Sorry to disappoint, but I'm not very familiar with car rentals... might be best moved to the motoring threads? But from my best-guess perspective, ultimately Budget provided you with the service (or lack thereof) so I would think you would be correct to claim this with budget rent a car directly. (for example if airline 1 sells you a ticket flown by airline 2, usually it's airline 2 who is liable). I also remember stories of people buying Evri postage via a 3rd party booking tool, and they can always hold Evri directly liable.
  5. Finally, I'm also sorry for your loss. Appreciate this must have been a stressful and sorrowful time for you. Money doesn't mean much in those circumstances, but we'll make sure you get it back!
  6. It's hard to make sense of the conversations you pasted, but I don't know why you even bother discussing with them, nor do I understand the moot point they are trying to make. Your flight was cancelled on the day of the flight. You were not offered another flight which departed within 1 hour and arrived within 2 hours. Therefore under EC261 Article 5, you are demanding a full refund of your return ticket (as you will not use the inbound either), and there is no argument possible. If they do not refund you within 7 days they are in breach of EC261 and you will report them to the regulatory authorities, in addition of asking your card provider for a chargeback. It's as easy as that. Then, on the side, start writing to BA as well for your EC261 claim. If there was heavy fog and many flights were cancelled, it's possible that they will get away with not paying you the 250 Euros, but you should at least try, it's free.
  7. You are entitled to a full refund AND to 250Euros under EC 261. Those are 2 separate claims. Travelup needs to process your refund. See article 8 You don't need to go all the way to SCC. Just get written evidence that they refuse to refund you for a flight that was cancelled. (Flight cancellations on the same day of flight automatically award you right to a refund regardless of what anyone says). Once you get this written confirmation do a chargeback on your debit card if you can (I'm not entirely sure how this works in the case of debit cards, someone else here might be more help) Your EC261 needs to go straight to BA for the extra 250 Euros (equivalent in GBP). See article 7 They will need to prove the cancellation was due to an extreme and unforeseeable circumstance to deny it. They might try to feed you lies and tell you a snowflake was an extreme and unforseeable circumstance, as they often do, but don't let them.
  8. Did you get a non-refundable, non-changeable ticket, or was there some form of flexibility attached? Have you saved the sales conditions? Have you already flown the outbound? When are the flights? Do you have travel insurance? What is the reason for you to need a change? _____________________________________________________ If your OTA is useless then you can try and bypass them and go straight to BA, depending on some of the points above they might be more or less willing. But are you sure the flights you are talking about have free seats?
  9. Might be worth seeing if YOU can take them tocourt for the assaults and threats you and your team suffered, if you have sufficient evidence of that. Have the incidents been refered to Police?
  10. Your holiday allowance was made on the basis that you wouldn't quit and work the full year. You've only worked 3.5months, so I'd imagine your holiday entitlement is (Company total holiday)/12*3.5 Based on the fact you were told you have 10 days allowance and you started in June, the company holiday is probably 20 per year, so based on that your allowance would be something around 6 days. It looks to me like your employer is correct and is not trying to shaft you.
  11. Thank you @Intrepid With over 2y service and a workforce that large, it would seem difficult to argue that fixed working days would cause unreasonable increased costs. (Much to the chagrin of the person who likes to report me) The nature of air travel though might mean that they would need to be a bit flexible around high season periods, even if they don't wamt to be. I will bow my hat now and wait for a real expert to step in.
  12. Nah it was a digital clock with an infrared sensor to tell it if its day or night. ...as opposed to a digital clock with hidden camera in it, which I had thought it to be. The facts that those were taped to the TVs, sensors barely visible, facing the beds, not present in single rooms, lead me to jump to conclusons.
  13. @Intrepid How long have they been working there? What's the size of the workforce? And what is the nature of the business? Ignore whatever drabble the person above has spewed, as they are known to talk out of their bottom on other threads, and wait for someone more qualified to comment, but the above would probably help already. An employer should be able to accomodate reasonable requests and your child doesn't need to be disabled for your rights to parenting to be affected. @whitelist Skin color is also a protected characteristic, so since my child is asian/black/white (select as appropriate) I am protected as their parent.... am I right?
  14. We ask why and are told that our luggage from the connecting flight won't arrive on time and it is illegal for our bags to fly unaccompanied on a later flight. That is complete and utter bu****it. Can you guess what happens when they offload your baggage from a flight, or your baggage gets temporarily lost at an airport? That's right... it flies without you on a later flight. Otherwise you'd need to come back and get it. However the opposite is true. You can't have your luggage fly before you in a plane that you've missed. That's when they either offload the luggage or wait for you. It looks like you have already got your claim fully lined up, so good luck with it. I was wondering the following couple of things: -Was your initial plane late, or did they sell you a ticket that did not respect the MCT (Minimum Connection Time) for Heathrow. -Have they argued exceptional and unpredictable circumstances for the delay (other than the baggage excuse which doesn't make any sense)
  15. Ok well both dramatic and anticlimatic ending. After sending my pics to police they agreed those looked like cameras and sent 2 detectives and 2 uniforms to meet me at the hotel, much to the owners chagrin. The detectives examined my device and concluded it was an infrared sensor and not a camera. I accompanied them as they explained what had happened to the owner, and I gave the owner back their clocks as well as a serious apology. The cops were pretty chill about the whole thing and told me I was right to have questioned it, though obviously I had to feel a bit embarassed. I dont know if this was a cautionary tale about anything. Do check your room for devices? Don't jump to conclusions? Dont install velcroed infrared clocks in hotel rooms? The end!
  16. Im still there so hoping they wont have caught on yet. Will call cops tomorrow AM first thing when I'm still in. Really wanted to leave immediately but my silly and loveable aunt had a "let them film me naked if they want" attitude and didn't seem that bothered! I took 3 as evidence and left the rest in place. My door bolt is hard shut. Local press is great shout.
  17. Hi. I never yhought thisnwould happen to me one day, in the UK.... But I am staying In a countryside hotel for a wedding and have found a hidden camera pointing to the bed. There were the same camera in rooms used by friends and family. Except in the single room which did not have one. I took picture and videos. I have removed 3 cameras and put them in my bag. I intend to go to the cops tomorrow, with the cameras I nicked. (I am staying here one more night - I did not want to but my elderly family members dont want to leave so Im ataying with them). I also think that my dear aunt - who paid for our rooms - should get her money back. Obviously this is all very sinister and criminal.... I'm still shellshocked. What do you recommend I do? P.s. I will name the hotel as soon as I check out amd am miles away from it.
  18. Received another reply from Mendit, they are now "in talks with Box" and will update me soon. I am cautiously optimistic.
  19. You should submit a claim for the £150 in expenses. This is perfectly reasonable and is due regardless of whether they find your bag or not. There should be a form/email adress to submit your receipts with the airline. Do this separately and do this now. Re: your suitcase the airline is liable but there is an upper limit which I believe is fixed by Iata and if I remember correctly somewhere around £1500, so you can try claim the full value but not guaranteed you will get it. 10 weeks seems excessively unreasonable. I know some airlines will declare a write off after 21 days. It has been heard of passengers getting compensation and them still getting their case back. You need to stop calling them and make your demands in writing. Or at least, record your calls.
  20. I do apologize for the rage induced swearing. I won't do it again! I decided to get in touch with Box (the retailer) this morning on the off chance that they are willing to do anything about this. I haven't received a reply from either party yet. This is the mail I sent box:
  21. Received a reply from Mendit today. At least it's going quite fast: -They offered me a new cooler for GBP77.50 (this is more or less a normal price, but higher than what i originally paid, prices have gone up now thank you Liz) -And a new case for GBP116.11, however they have confirmed the damage to the case is cosmetic only, so I intend to decline it and keep the bruised up case. -They are also charging GBP25 for Labour -They say that if I ask for it to be return unrepaired they will charge me GBP60 "for inspection and carriage" BIG RED FLAG to me -They claim that my packaging was not sufficient as it was under 2 inches of bubble wrap on one side, and the padding on top was not sufficient to prevent the PC from moving inside the parcel -They are hiding behind the fact I did not purchase insurance to say they won't claim anything on my behalf from the carrier. I'm just trying to tell them to give me the details of the shipment so I can take the matter in my own hands... They only offer bank wire as payment option, OTHER BIG RED FLAG In a nutshell, these guys promised to repair my PC for free, but what happened instead is it got damaged, being held hostage and I'm told to pay 60 to have it returned still damaged, or twice that money to have it repaired. This Annoys me beyond belief. What I intend to do: Suck it up and pay the GBP102.50 to have it repaired Once I get it back, try and claim those 102.50 from UPS or whatever courier they used. What I need your help with: Am I doing the right thing by paying up? (Remember I want the PC back, the total price of what they have with them right now is worth around a grand) Am I able to pursue the claim myself with UPS even though Mendit organized and paid for the shipping, assuming they are willing to give me the shipment details (so far they have not been forthcoming at all) Does it really matter if the padding was under 2 inches, as long as it was padded? There were also Fragile stickers all over the box. Can I demand they take payment by card? What if they tell me they only take wire payments? Anything Mendit are doing right now that's unlawful? That 60GBP hostage money to get your PC back sounds like blackmail to me especially if I'm forced to wire the money. So far I have not involved Box.co.uk at all. Should they be informed of what Mendit are doing? (I do not intend to claim the cooler was faulty on purchase. It did last for (a meagre) 7 months, after all. Thanks again for your time
  22. Thanks @dx100uk, The part wasn't faulty at purchase but developed the fault very quick (7 months into purchase). I have taken vids of the fault so can prove it was already bust before shipping it. The extended warranty came "free" with the purchase so why not. But indeed looks like it's not worth the email it's written on.... Is it really fine that they would refuse to replace a faulty part, on the grounds that UPS damaged it. The part was already faulty and they were going to replace it anyway. I thought I'd try to get them to honour that replacement at least, but then see with UPS for the rest of the item.
  23. Situation is still developing. I might need some help to tell me up which tree I should bark. I purchased a new PC in February at Box (@boxcouk). The liquid cooler pump failed, which meant it was no longer safe to operate the machine. Box sent me to Mendit Uk (@Mendit1), a subcontractor that deals with their warranties. Mendit offered me to either send the cooler for repair if I was comfortable removing it myself, or send the whole PC. I chose the latter as I was in a hurry. I declined insurance (of course) and had courier pick up the parcel yesterday Prior to shipping I removed the drives (for data safety) and the GPU (the most expensive part) Mendit contacted me today. The PC arrived damaged and the liquid cooler had been half ripped off out of the case. Resulting in damage to both the liquid cooler and the case. Mendit alleges that I am responsible for the damage and refuses to honour the warranty, and are telling me I'll have to pay for a repair to the case and cooler if I want it fixed The reason that they invoke are I used a case that is too large (downright laughable, as nobody has got a perfectly sized case at hand to send oversize items - it's a very large case) It was loose inside - which I firmly deny. I used approx 5 meters length worth of bubble padding to ensure the PC was fully secure I do not exclude for now that the package may have been opened by the courier (maybe they wanted to see if it contained a nice GPU they could steal) and then replaced incorrectly. Have asked mendit to let me know if the boxes appeared like it had been opened. To be honest it's also possible that the box was just handled so badly that everything went a bit haywire inside, but it would really have needed to take a lot of abuse for that to happen. I cannot accept that it's my fault, given the care I have given in padding this for shipping. Even if the case damage was unavoidable (it wasn't) I also cannot accept that Mendit will now refuse to replace the cooler. It was broken prior to shipping, and I have video evidence proving both that it was faulty while still undamaged. What's a warranty any use for in that case? Will post more info as I get a reply from Mendit. For now I have told them I expect them to replace the cooler at least. But I'd consider getting the case reimbursed by UPS. I don't know what they're going to come back with. It's a bit unclear to me who I should pursue in the first place. The carrier, mendit, the shop who initially sold me the crappy cooler? I have no doubt I am about to start a very long ping pong game between these 3 parties and I want to make sure I bark up the correct tree and that my bark is serious enough to get them to cave in. This is my main PC that I used from home to connect to work. I am currently working on an alternate setup which is not great. Priority number one for me is just to either get them to fix it, or send back the damaged case so I can salvage the parts that aren't broken yet, and buy the parts I need from another retailer and get it working again. I can build my own PCs and wouldn't be so careless as to not pack it properly. I only sent the whole unit to them to save time and now I regret it bitterly.
  24. Oh... please.... It is BA who alleges to OP that "adverse weather conditions" are a reason for them to not fulfill their obligations under EC261. The burden on proof is on them to demonstrate that allegation. As per Art 5.3 they must prove that the adverse weather conditions were an extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken
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