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I feel I have been had over by Easyjet and I just want to take them to the small claims court just so they have to send some one and basically inconvenience them like they did with us.
The basic premise to my argument with them is that we flew with them recently, but before we went I went on to there website where I booked my tickets and added an additional case, we flew out no problem then on the way back I was told that we had to pay €112 additional baggage, I tried to explain but got nowhere so in the end I paid with every last penny I had then complained the other end and got no where.
So what im after is some help in filling in the online small claims form or a step-by-step guide. My main intention is to inconvenience them and get them in court.
Any help would be very much appreciated.
Kind Regards
Jim Murphy
Please find below the full complete letter that I initially sent Easyjet.
Dear Sirs,
We have recently used your services to travel to and from EMA to ALC, the day before we flew out I went onto your web site to see if I could take my diving equipment I did not mind paying to take it but wanted to make sure I could, so I went on and looked through your sporting equipment and there was no “diving equipment” on there so I added the extra hold bag at a cost of £10.00.
Upon getting to East Midlands airport and checking in our own 2 hold bags which weighed around 24kg and 26kg and the diving equipment was around 8kg and all went through fine NO questions NO charges, nothing.
Upon getting to Alicante airport and checking in our bags as before came to 55Kg, the woman told me that we were over our weight and we had to pay for additional baggage, I tried to explain and showed her the booking confirmation where it states that we had added the bag but it was no use, so we went to the desk and were told the same thing, she was kind enough to tell us that we could leave the bag there which would have been incredible helpful, I thought it best to pay and go and see someone English on our return, the cost for the baggage was €112.00 we were livid it took all our money that we had for the airport and flight home so we had nothing to eat or drink for 4-5 hours, ridiculous.
Upon arrival at EMA we went to the easyjet desk in departures and tried to talk to them, I explained all the above and she told me that we should not have even been able to book the additional case as the rules had changed, but then I started asking her why we had been charged and she said that the additional case does not have any weight allowance, what is the purpose of the additional case then? I could not understand what the purpose of the extra case was and when I looked back on the web site it had changed since I had booked it, but it was quite similar and extremely ambiguous, “Your hold baggage weight allowance is 20kg, and you may check in one hold bag per person free of charge. Additional hold bags may be carried subject to a charge of €7.50 per bag per flight when paying in advance (€15.00 if paid at the airport).”
It says that we get one bag free of charge and an allowance of 20kg, but an additional bags may be carried subject to a charge of €7.50, I paid £5 each way as stated, only to be told it has no weight allowance, this is certainly not clear, and would imply that additional baggage (i.e. weight) may be purchased.
Aside from this, my additional qualm is that I had parked at EMA just a round the corner from the check in and the bags went through with no problems if there had been a problem then the bag could have been left in the car, but to let us take it to Alicante and then want to charge us on our return is unacceptable, the only other option was to abandon the expensive diving gear in Alicante.
As I have stated I realise there would be a charge for the additional bag and added it on, on your web site I had not gone out to intentionally try and take it on with out paying but to let me pay for it then take it and then charge me an ridiculous figure when I wanted to bring it home.
I would very much like you to look into this incident and try and offer some explanation and fair settlement.
Regards,
Mr. James Murphy
Enc.
Receipt for additional baggage, paid in ALC.
Copy of parking doc for EMA car park.
Copy of Booking confirmation
I recently made a complaint in writting to another airline and when i phoned they said i needed to allow 28 days for there investigations but you should get a letter within 14 days stating they are investigating you complaint then 14 days later there responce (this they have to stick to)
you could try the abta web site (association of British travel agents )i think thats wot it stands for ,which is full of infomation on the how's and why's and what next by the way i got my refund and a little bit more for my inconveniance (they call it a good will jesture) hope this helps
good luck
regards
Dave
Yes i did, the problem was that the cases did not have any weight???? Crazy but that’s what they told me. My qualm was that they did not tell me that on departure only on return when they had me over a barrel.
I think the policy is clear - you have a total baggage allowance of 20KG and you are allowed 1 bag, any additional bag will cost you £5. That means you could have 20x1KG bags or 1x20KG bag and be within your allowance. They told you that you are liable for excess baggage charges when you booked your ticket, you agreed to their terms and conditions of carriage. That you were not charged for excess baggage on the way out is irrelevant as I imagine they have proviso that allows them to enforce a clause in the contract at their discretion.
Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled
Sainsbury's Bank Credit Card, Total Charges £90 - Settled.
If you were over the baggage limit, then it is perfectly ok for them to charge you for your excess baggage. You were fortunate not to be charged both ways (the check in operative must have used some discretion, perhaps the aircraft was lightly loaded). I was hit with a £45 charge by Air New Zealand for being 26kg over the limit a couple of months back on a flight from Auckland to Christchurch. I used a cunning plan to reduce the amount of excess baggage on the return flight, but I was still 9kg over on the return flight, but this time I wasn't charged. Luck of the draw I guess.
But that was my point they know exactly what you take out they have records, my point is that they wanted me, and quite a lot of other people to go out knowing that they would catch them at the other end, where they had no option but to pay. The queue of people paying excess baggage to come back was about 10% of the flight which I found odd and im sure its a very good earner for them. So im not interested in what it says on their terms and conditions what I was saying is that they are not clear and are intended so that you get stung. And all I want to know is if anyone knows how to start court proceedings to take them to the small claims, as I want to PI** them off.
You absolutely MUST NOT start Formal Court Proceedings, "just to **** them off".
1) It is an imprisonable offence to be a "vexatious litigant" which is exactly what you would be if you pursued this action
2) Court Proceedings are a FORMAL process to recover what you are entitled to in Law after all other avenues have been exhausted. Misusing it in this way would be VERY dimly viewed by the Court.
3) You have NO LEGAL CASE (i.e. there are NO LAWS or previous cases which would support your action) and therefore your action would be struck out.
My advice? Drop it - you're trying to buck the system and that is NOT what this site is about.
Many thanks; I will take your advice.
All I was trying to point out and not sure where to look or go to was the plain and simple fact that in my opinion that easyjet are using this to make money, which I feel is out of order, I went with all the best intentions and I was told by some of the other easyjet staff that I should have been told on the way out, therefore if they let me take that amount of luggage out of the country they should not charge me on the way back, she told me they have records of what every passenger take out. Like I have said I think they have a [problem] going and I want to get it looked into. But don’t know whom to ask.
This is no [problem], it's VERY clear on the Easyjet site what your baggage allowance is. If you chose not to read it, you really can't blame them. Their policy of paying for an extra bag without extra weight might be a bit tight, but it's well within their rights and much better than another carrier I could mention!
Don't think you'll get very far with the trying to p*ss them off route.
Best bet I rekon is to write a stern letter to the head office explaining how unhappy you are that the staff didn't point out there would be a charge on the return flight when they accepted your bag on the outbound journey, as if you had known the full picture you would have left the bag in the car.
Point out that it made for a really bad end to a good holiday, that there's many other airlines you can use for future flights and that you'll be reluctant to use them again unless they go some way to recompense you, as you want to end your holidays on a high note, not a sour one.
While they have no obligation to, I think most customer service centers would at least send you some money off vouchers of some sort to try and keep you happy.
Just to stick my oar in - if you were found to be a vexatious litigant, you can be sued for malicious prosecution - ending up liable for all their costs in addition to damages. You really need to make sure you have a legal case prior to starting legal proceedings. Although a contract may seem unfair, it will not stand up in court if it is legal. We see this with criminals who escape on technicalities or lack of evidence - just because it's unfair does not make it illegal. Unfortunately, in this day and age, we assume the two go hand in hand.
Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
OK, you were 15kg over your weight allowance in both directions.
A quick perusal of excess baggage charges reveal several airlines charge £5 per kilo, which is what you paid. However, you paid only in one direction, whereas you could have been charged in both.
So you owe the airline £75.
I would not take legal action if I were you; the judge might decide you are being unreasonable, and award the airline's costs against you ... so you could end up paying several hundred pounds.
Instead, look at it the other way: you've got £75-worth of excess baggage transport from the airline without paying for it ...
I do feel that there is one issue that hasn't been addressed here, and that is the point that the original poster was put in a position of having to pay on the spot.
In this country that would be illegal, and possibly that is why Easyjet didn't try to claim the excess charge in this country - they wouldn't be allowed to!
It could possibly be argued that the customer wasn't charged for the excess baggage on the way out, and because he wasn't charged for it he wasn't even aware that he had excess baggage so could not reasonably expect a charge later on.
One possible lifeline: Travel insurance: If you had it, have a read - some policies cover for excess charges either by accident or design, e.g. excess baggage.
Bottom line though, it's a minor loss in the greater scheme of things, it might be better to put it down to expereince and move on; could be more hassle than it's worth to be honest.
I do feel that there is one issue that hasn't been addressed here, and that is the point that the original poster was put in a position of having to pay on the spot.
Well, no. It's clear from the OP's description that he'd read Easyjet's Ts&Cs before booking the ticket ... he said he paid £10 for the additional hold bag, so he must have pre-paid - paying at the airport would have cost £20 for the return trip.
And in those Ts and Cs, it says "Each passenger may take one item of standard checked-in hold baggage free of charge. Additional items are subject to a fee payable in advance or in the airport. Irrespective of the number of checked-in bags, each passenger has a free hold baggage weight allowance of 20kg, after which excess baggage charges apply."
He should have been expecting to pay on the way out the excess baggage fee of around £75 (112 Euros) at the airport - obviously the fee depends on the weight of the baggage. But he was not charged.
So, he was expecting not to be charged on the way back. By a fortunate coincidence, he'd kept the exact amount of money needed to pay the excess baggage fee, and so was able to pay it ... otherwise he and his companion would have had to lighten their baggage to 20kg each.
Perhaps the airline should add a section to their Ts&Cs:
"Where the aircraft hold load is light, the airline may waive excess baggage charges. However, this will apply only to the particular flight. Our waiving our excess baggage charges on the outward journey should not be taken as an indication we will waive them on the return journey.
"If you object to this, please let the check-in staff know on the outward journey; and they will charge you for excess baggage even if they would otherwise have waived the charge."
What makes excess baggage charges illegal in the UK?
I didn't say they were. What i'm getting at is that it's illegal to demand payment of money owed on the spot in the UK - that's why we have debt collections agencies, bailiffs, courts etc. The point I am making is that if easyjet had demanded the paymernt on the way out, they could not legally force you to pay on the spot, they would have had to go through the usual channels to recover the debt which is probably why he wasn't charged on the way out.
They can "charge" it but they can't demand it's paid on the spot.
I'm generalising, not just talking about this one case.
it's illegal to demand payment of money owed on the spot in the UK
Does this count for the police too, with their new on the spot £80 fines for anti-social behaviour by drunks in town on a lairy friday night? Or are the police exempt?
Does this count for the police too, with their new on the spot £80 fines for anti-social behaviour by drunks in town on a lairy friday night? Or are the police exempt?
Well as we all know legislation has made it legal for the police to fine on the spot, but there are many people who believe that this is in direct contravention of laws such as the Bill of Rights Act, which effectively says you can't be fined without a trial. The same argument applies to council controlled parking charges, you are effectively fined without a trial.
But this is a private issue, and there is no way that a private company such as an airline can demand money on the spot - although they could of course refuse to carry the luggage if the fee isn't paid!
Easyjet Rip Off
and checking in our own 2 hold bags which weighed around 24kg and 26kg and the diving equipment was around 8kg and all went through fine NO questions NO charges, nothing.
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Originally Posted by seylectric
