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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Re-claiming airport tax and charges from non-refundable flights....


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I read somewhere that when you book a flight with el-cheapo airlines and they state that it's non-refundable, that only means the actual cost of the flight and not the airport tax and charges.

 

Recently I had to put this to the test with flybe, in that there were 3 return flights I had previously booked but couldn't take due to my mother's terminal illness. When I called their call centre staff I was told there would be an administration fee of £20 per leg of the flight (so £120 admin charge for 3 return flights). I wrote a letter explaining why I couldn't take these flights, they asked me to prove my mother's illness, which I did with a doctors letter, and then "as a gesture of goodwill" refunded me the FULL cost of all airport tax and charges (which came to £131, so wouldn't have been worth it if they'd have insisted on the £120 admin fee).

 

Recently I also asked Thomsonfly about their policy on refund and taxes adn was told a new law passed in May meant they did not have to refund tax and charges. When pressed further this 'new law' was actually only a new Thomsonfly policy.

 

Is this correct? Is an airline allowed to keep hold of the airport tax and charges it adds on to a ticket when it states that only the cost of the actual flight itself is non-refundable?

 

On what basis can they now keep those charges? (Previously they'd discourage you by having an idiot admin charge that was the same price as tax etc).

 

Anyway well done flybe for honouring my request, though boo to them that they actually wanted proof from a doctor re: my mother's terminal illness. Who'd lie about soemthing like that??

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Who'd lie about soemthing like that??

 

 

I recall an episode of Airline where a group of passengers had arrived late at check-in, and were only let through after pleading with the staff that they were going to a family funeral. Later they admitted on camera that they had lied, and that they were going to a stag party.

 

 

 

 

 

 

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Who'd lie about soemthing like that??

 

Plenty of people, that's who.

 

I used to organise medical repatriations, air ambulances, emergency flights and all that. We always had to check because so many lie.

 

I have had the "deceased" father answering the phone in the UK. Turns out the son was not enjoying himself where he was, so wanted to come home.

 

I have had people with advanced cancer flying to the US to beat the queue from the UK, and expecting their emergency travel insurance to pay the hundreds of thousands dollars medical bill.

 

I have had people wanting to come home because it was too hot in August in Turkey (well, DUH!), and expecting their insurance to pay for it.

 

More Vuitton luggage are claimed as lost every year than are actually sold worldwide.

 

Travel insurance is the fastest growing insurance fraud.

 

I could tell you stories that would make you roar with laughter or cry with despair at human nature.

 

So not "boo" for checking, well done, because if they didn't, watch the cost of the insurance soaring faster then the plane on which you didn't travel! ;-)

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As others have said before me, one of the commonest 'frailties of human nature' is the ability to lie when it suits!

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

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I'm well aware that as humans we lie when it suits, but shame on those who'll falsely use the death of a family member! It's completely abhorent and makes my blood boil! I'll stop there cos it's an emotive subject for me at the moment.

 

.... But back to the flights and re-claiming airport tax and charges, anyone know the legal position on this please?

 

Cheers

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  • 3 years later...

Ok, maybe it's a commercial what I am doing right now. But I've been freaking out with Easyjet for the last 4 months of getting an airport tax refund for my unused flight (I was planning to go from Luton to Malaga with my family of 4 persons, but due to a funeral we skipped the holiday)

 

The ticket was 100% non-refundable (a crap reason of course) but I asked for a refund for at least the taxes. It took me 4 months and 18 e-mails with Easyjet but, they didn't even think about a refund.

 

Eventually I contacted a guy from link removed (long story, but a friend of mine sold his ticket on this site and they also have a Re-fund service) and paid about 20 USD. 3 days later I got an e-mail from the same guy with the confirmation of a tax refund, and about 60 days later 220 USD showed up on my credit-card statement!!!!

 

So, I don't know how they did it, but for some strange reason they did the same thing in 3 days as what I tried to in 4 months.

 

Again, this is not a commercial for them or anything like that, but I just wanted to share it with you, because eventually it saved me a lot of frustration. And I was very happy to pay this 20 USD to them. By the way, I think they are based in the Netherlands or Germany (according to their last names in the e-mails) so that was some sort of sign of confidence to me.

Edited by ims21
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