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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Claim your tax back for cancelled flights


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It is possible to ask for the fee paid for cancelled flights.

If the flight was paid for by card then it will be refunded back.

They dont advertise this........but it is your right to ask for it !!;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 months later...

Though most airlines will attempt to deduct an 'admin charge' to do this when you ask. Does anyone know the legal position on this? BA for one charge a whopping £30 to refund the fee, pretty much swallowing up the refund anyway.

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I believe I am right in saying that the law regarding only states that when a flight is cancelled or if a passenger does not take a flight then the tax is not payable to the government. However the law falls short of stating that the tax should then be paid back to the passenger. This is why you find some airlines saying a refund of the tax can be refunded, however an admin fee is payable in order to get the refund!!!

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  • 2 months later...
Guest Wild Billy

Are we talking about Air Passenger Duty? The liability for Air Passenger Duty is with the airline rather than the passenger and it is the airline that pays the tax to the Government. It is the choice of the airline whether it passes on that cost to the passenger or not so I'm not really sure it is quite as simple as saying it can be claimed back if a flight is cancelled.

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  • 4 weeks later...

BA charge a service fee for issuing a refund on any ticket regardless of if its fare or taxation refund, only exception I think is on full fares that allow full refunds without charges. If a flight is cancelled and you are not rebooked then you should receive the full ticket cost back without any fees. Often at BA we issue passengers with further transportation vouchers if they want tax refunds. these normally come in the form of an MCO for further transportation. Fees although policy are enforced with a certain level of discretion so its always worth being nice to the person you are speaking to as take it from me you wont get anywhere if your not !!,

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That seems to nicely summarise the arrogant attitude I have found in my dealings with BA staff of late. I think BA would be wise to consider 'being nice' to their customers and stop treating them like fools. Following my recent dealings with them I have a) got a complete refund of all charges due to me including the ridiculous £25 PER TICKET (even though the refund for the entire booking is processed in one operation) and b) taken the decision my company or my family will NEVER fly with BA again.

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  • 1 year later...
  • 5 months later...

Hi, I cancelled 2 flights with Gulf Air and claimed the cost of the actual flights on my travel insurance, but not the charges. After endless emails with Gulf Air they have agreed to refund the airport tax, less a £20 admin charge. They still refuse to refund the fuel and insurance charges which are most of the charges! Is there any way I can get this back? Thanks

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  • 2 weeks later...

Not a chance of getting anything else back as they are not obliged to refund anything but "applicable taxes". Now I have worked in the industry for 20 years and can tell you that there are up to 15 different "taxes" applied to an airline ticket. To be honest a lot of them make no sense at all and it is designed to make it more difficult

We do refund our clients taxes and it is certainly becoming more popular for people to ask about it but even for us the airline will just give us an amount of a refund for taxes and thats that.

Sorry to be the bearer of bad news

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  • 2 weeks later...
Hi, I cancelled 2 flights with Gulf Air and claimed the cost of the actual flights on my travel insurance, but not the charges. After endless emails with Gulf Air they have agreed to refund the airport tax, less a £20 admin charge. They still refuse to refund the fuel and insurance charges which are most of the charges! Is there any way I can get this back? Thanks

 

Hiya,

 

Can I ask which insurance you used to be able to claim back the cost of the flights after you(?) cancelled them?

 

I booked some flights on Thursday, found £250 cheaper flights on Saturday but flights are non-refundable from the airline. Looked through all insurance clauses on mine but couldn't find anything that might be able to help me get any money back. Not fussed about the tax, but £680 of the ticket price would be useful!

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  • 5 weeks later...

Your travel insurance will not just refund the cost of the flights if they are non refundable tickets. Check the fare rules they may be non refundable but changeable. To be honest unless you have a death or serious illness that prevents travel( will have to be certified and is restricted to you or a close family memeber ie husabnd wife child or parents) you will not get the money back and no insurance policy covers you for this.

 

The issue of taxes is slightly different in that you can apply to the airline or travel agent who booked them to get the taxes back however you will end up with a tiny proportion of what you actually paid by the time everyone has applied their admin fees and some of the taxes are non refundable anyway

 

Sorry I cant be of more help

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  • 1 year later...

I have a similar situation. I booked my flight with a travel agent and when I attempted to claim back the taxes I was told that no refund was due at all. I then challenged them to explain where the taxes go and the travel agent responded by saying that the carrier (Virgin in my case) withhold the tax when a ticket is cancelled. I spoke to Virgin Customer Services and Virgin said this is absolute rubbish - all taxes are refundable to the travel agent to pass on back to the customer. In my case its obvious that the travel agent have no intention of returning my money back. I have written off to ATOL to get some advise but it seems the rules around refunds of taxes are quite vague such that they allow travel agents and airlines to pull a fast one if they can get away with it.

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