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garygumps

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Everything posted by garygumps

  1. Thanks for the replies. Just to clarify I was asking about what I should claim for in the small claim. I have written off the insurance angle even though I don't agree. i've asked them twice to reconsider but they are final in their response. The policy was cheap and I suppose you get what you pay for in that regard! Lesson learned. Regarding Ryanairs address, from previous research I think that I can use their office at Stansted as their registered address. That is where I sent the LBA.
  2. OK, 2 week deadline for LBA has been and gone so time to submit small claim. Just one last request for advice for filing. All down the line I have been asking for compensation under EU261/04 for delay over 3 hours (€400 per person) AND also for expenditure to book new flights home, hotel stay and refreshments during delay. Is this reasonable or should I stick to the expenditure part?
  3. My insurers rejected my claim as they came to the conclusion that it was Ryanairs fault that I was not transported to the new airport, which of course it was ! According to their definitions the bus would've had to break down or be delayed somehow. Simply not turning up is not covered!
  4. Exactly, and this is the whole crux of my complaint. They failed spectacularly in all aspects and why I feel I have a good case. My own travel insurance has refused a claim as they feel Ryanair are wholly liable in the circumstances. I will be sending a LBA shortly and keep you up to date as my case progresses. Thanks for all the input so far. Just one last question. I only have anecdotal evidence of the number of passengers (10ish) that actually made the eventual flight. Is there anywhere that I can verify this?
  5. Thank you Dave. That is interesting. You said your experience was positive. Did you successfuly claim anything in your case? From what I have garnered from research, you would be correct in your assumption that the proceedure to transfer passengers to another airport is not a one off. This happens quite frequently in Krakow so should be a well oiled plan. Indeed on the night in question there were I estimate some 10 flights from Ryanair and other airlines that were using this proceedure and they all seemed to get away ok. It is obvious that there has been some sort of logistical screwup. As I say, their excuse about the weather is a red herring here.
  6. Thank you VAUBAN and FTMDave. Flight was scheduled to leave Krakow and was moved to Katowice, about an hour away. The way I see it is that Ryanair are hiding behind delays due to weather (it was foggy) which lead to knock on delays to their tight schedule. Their usual fob off excuse. Firstly, I'm willing to fight them on the legality of the extraordinary circumstances excuse in that I'm sure there is precedent that the "knock on" aspect has been overuled on several occasions (hence my original request for rulings). The delay to my flight was not caused directly by "bad weather" because some flights did leave Krakow. Secondly, and this is my main bugbear, the fact that Ryanair failed to provide transport to Katowice caused the whole situation. They then failed to adhere to EU261 by failing to provide care and assistance.
  7. Sorry, I should have explained. Will try to keep this as brief as possible. Flight was delayed due to weather initially. After 3 hours flight was moved to depart from another airport and busses were to be arranged but to cut a long story short Ryanair, in my opinion (and over 100 other passengers), failed to provide this transport due to some logistical error on their part. The plane took off from the other airport some 12 hours later with about 10 passengers on board. Ryanair offered no assistance as per EU261 and we were basically left to arrange our own way home. Finally took off over 30 hours later. Ryanair have claimed exceptional circumstances due to weather causing a knock on effect to their schedule. At least 2 other flights from other airlines took off from original airport during delay. So I'm looking to claim back the costs I had to pay out in new flights and accommodation and expenses to get home plus €400 *2 as standard compensation under EU261. Ryanair have refunded part of my original fare for unused flight. Total amount I would be looking to claim would be just over £1000.
  8. Hi everyone, I am considering taking Ryanair to small claims court (SCC). I have been refused compensaton under EU261quoting the usual "exceptional circumstances" excuse and they have stonewalled/refused to correspond any further. After some research I have decided to take them straight to SCC and would like to quote some ealier rulings regarding in particular that the "knock on effect" is not sufficient. Thinking ahead, is it ok to just quote the case or do I need the full transcript of the ruling. I have been able to get a few case headlines but can't seem to track down online a copy of the actual ruling. Thank you Gary
  9. Sorry to hear about your business problems legend21. I'm not sure if the fact that your cars are company cars would make any difference. I'm no expert but I assume that the cars would have had to be leased/bought under business terms and the finance company would have been aware of this? The reason I'm saying this is it may make a difference when reasonable wear & tear comes into play as you would expect company vehicles to suffer a bit more abuse than a private car. But then again if they have been regularly serviced etc what more can you do? Anyway, only you will know if the cars are in a reasonable state.
  10. The last letter i got from RCI was in February 2008. Haven't had any word from RCI since I complained to the FOS in March 2008, so I have "assumed" the matter is dealt with. Certainly I do not think that even RCI would have the cheek to contact me now again over a year later. Follow the advice in this thread. I personally do think that they " chance their arm" in trying to get a few extra ££££££. Good luck! Gary
  11. Any solicitors company will have someone who will specialise in this type of work. Or try Citizens Advice?
  12. Seeing as matters are so advanced, I would advise you to seek professional help asap.
  13. This sounds really messy. I've never had a car repossessed, so not sure what the procedure is exactly, but I've experience of Vt'ing a car with RCI, see my other thread in this forumhttp://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/130470-vt-problem-rci-finance.html Anyway, it seems to me that the car has deemed to be repo'ed by RCI I'm afraid. You say you had 14 months of phone calls and letters from RCI. What were they about?
  14. Write to them and state in no uncertain terms that you reject their assessment of money due and say that if you do not get a satisfactory response within 8 weeks then you will lodge a complaint with the Financial Ombudsman. See their website, its very easy and free! You have to give them (RCI) a maximum of 8 weeks before the FO will become involved. Of course, knowing RCI they will write back well before 8 weeks or on second thoughts probably not at all! Be proactive, don't wait for RCI to sort this out, they will only pass it on to a Debt Collection Agency.
  15. Hello Hacked Off! Welcome to the group:p My first bit of advice? Don't pay or do anything else! You say you handed the car back in perfect condition with full service history. So what are they charging you for? Was this damage noted at the time of takeover? How old was the car? When did they write to you about this? Without knowing exact details it is difficult to advise you on what you may be able to do next. RCI's modus operandi seem to be to bill you out of the blue many months down the line. In my own case, a Debt Collection Agency never seemed to get involved and RCI have totally backed off (I'm assuming as I've had no correspondence from them) once the FSO got involved.
  16. LOL ! An 8 year old car and they're complaining about a dent and some scratches! Just out of interest, was the damage incurred while you owned the car or perhaps was it on it when you bought it, it was 6 years old then was it not? Just to clarify Martin, you did buy this car on finance right? Its just unusual imo to VT an agreement on a car so old so to speak, no offence intended. In my case I had the car from brand new on a 3 year deal and VT'd it after 2. In any case, get your complaint off asap. It should put the brakes on any legal action. Although, given the circumstances, I would love to go up in front of a court and have my day, although that would be a bit stressfull maybe? Anyway, good luck & keep in touch. ps, my letter to FOS off today, so fingers crossed!!
  17. Martin, Sorry to hear about your "problem" with RCI First things first, when the car was handed over you should have got a "receipt" which would have detailed the state of the car at handover and noted any "damage" or suchlike. What did it say? How old was the car when you handed it over. You do say that there was a small dent and scratch on the car and it all depends on if this can be qualified as reasonable wear & tear depending on the cars age/mileage. How long was it from hearing from RCI and them passing off the matter to the debt collection agency (DCA). the way I read your original post it seemed to be straight away and did not give you time to reasonably correspond with RCI on the matter. I'm no expert, but this seems unduly hasty and stinks of RCI suddenly "remembering" your case and passing it on to the DCA realising they've f***ed up big style. I thought my delay was ridiculous, but 11 months is outrageous:-x Above all Martin, DON'T PANIC and don't be bullied by the DCA or any threats of court action or whatever they've said in their letters. The way I see it you have an excellent case for a complaint to the Ombudsman. It all depends on if you agree that (a) the damage is reasonable in the circumstances and (b) if you do then you can complain about the lengthy delay. Or © if you don't agree then you can dispute that any damage is reasonable wear & tear and ask for proof etc. I can't believe that RCI are telling you that this delay is not unusual. Do yoy think the car has been sitting all this time? Of course not, it will have been sold off at auction long ago. What you need to do is write one last time to RCI(don't bother with phone calls, they're a waste of time and money) and state your case. Mention that if you do not get a satisfactory or final resonse then you will lodge a complaint to the FOS. You need to give them up to 8 weeks to get a reply before contacting the FOS. You can print off a complaint form from their website and then get copies of all correspondence before sending it off. Regarding my own case, its been 6 months now since my last letter to RCI and sending my complaint documents to the FOS. I haven't heard anything back from them since so I'm cautiously tempted to think that the matter is closed but who knows???? I think I'll drop a wee letter to the FOS for an update.
  18. Hey, thats up to you Gill how you intend to play this one:) Me, personally, I would be uncomfortable knowing that I legitimately owed 1 months payment. I can understand your stance and hopefully worst case scenario the FSO will probably tell you that all you owe is that payment and the case will be closed. Oh and have a nice holiday. Assuming that Disney is involved somewhere you should be used to Mickey Mouse after trying to deal with RCI!!! Angrygirl.....welcome to the RCI Appreciation thread! Strange one yours. What exactly did the Renault dealer do with your car for 2 months????? Good luck with yours and hopefully the DCA can sort it out, but I'm not holding my breath as ultimately they take instruction from RCI so it is them you have to convince. Anyway, I would just fire off a complaint to the FSO which should put a freeze on things going any further. They must be getting a big file on RCI by now methinks:D Keep the faith peeps. Gary
  19. If you have missed a payment that was due then you should really pay that before going any further. I'm no expert, but you cant really take the moral high ground on this dispute or take it further if you have defaulted on a monthly payment, as it seems to me in your case. For sure, ther seems to have been an administrative misunderstanding at the beginning, but you should have paid what was due and argued about the charges and stuff afterwards like the bank charges claims. What I would do is write to RCI and explain that you are paying the 1 month that you owe them and that is all. It seems reasonable to me. Then wait to see what their response is before complaining to the FSO. anyway, good luck and keep in touch:D
  20. Let me get this right.......you changed the car in May 2006, so presumably you made a payment in April and because the deal was refinanced in May your May payment due on the old deal would have been voided or at least you would have expected to pay the 1st payment of the new deal on the usual DD date? A few questions here... Have you paid ALL payments due on the agreement to date? How much are the charges (I assume for non-payment fee or something similar) and how are they levied to you? How did they build up to £800? Why reduce it to £100? The way I see it is if the charges were levied purely because of an admin cock-up, ie over what date your DD goes through and you have sorted this out and paid all installments, then I dont really see why RCI are continuing to chase this. You'd think any reasonable company would write this sort of thing off and move on. Actually I think I've answered that last point myself, its RCI we're dealing with here:p Anyway, to cut a long story short, you have done the right thing by contacting the FOS who hopefully will look at this matter as what it looks like (a simple misunderstanding) and tell RCI to stop playing silly buggers and leave you alone. Regarding the Debt Agency, politely tell them (better in writing) that the case has been referred to the FOS and you will await their findings.
  21. Hi annoyed, Sounds just like RCI's modus operandi I'm afraid. Following my experience, if you are still adamant that you are not prepared to pay their demands, you will need to write a final letter to them giving them notice that you intend to complain to the Financial Ombudsman (FSO) if you do not get a satisfactory response. RCI will have a maximum of 8 weeks to give you a "final response" which will either insist on their money or agree with you. Depending on how satisfied you are with this then complain to the FSO. It is really easy and you can do it all on their website and print the forms off. Send these plus copies of all correspondence with RCI to the FSO. Seeing as you are dealing with a protracted time scale, ie over 8 months, it may also be useful to put together a "timeline" of events detailing what happened at any particular time and cross reference your letters etc to this document. In my case, I have not heard a dickiebird from RCI since I contacted to FSO and their deadline for a response expired 23 May,so as far as I am concerned the matter is now closed. I cant believe RCI would have the cheek to get back to me now. If you want anymore help don't hesitate to ask:)
  22. Unbelievable!!!! What was the "document" ? Service history perhaps? At least you got replies to your correspondence, all I got were demands for payment. Anyway Aimhigh, my suggestion to you is to write 1 last time and notify them them that if they do not reply satisfactorily within 8 weeks then you will complain to the Financial Ombudsman. As I have said, my 8 week deadline passed last month with still no response, so as far as I am concerned the matter is closed. If they do have the audacity:-x to contact me again, I will be straight onto the FOS as they should still have my case on file. RCI seem to have a pattern modus operandi going by our 2 cases. Feel free to quote my case as evidence. PM me for the details if you need them:) Good luck:smile:
  23. Hi Aimhigh. Nothing really to report on my case. The 8 week deadline from the FOS was around 23 May 2008 so we're well past that now and surprise surprise there has been no response from RCI at all. I am inclined to think that they are not going to push this any further, but if they do I will be straight back to the FOS as in my opinion RCI have totally not complied with the FOS. Aimhigh, not really sure about your case as I don't really understand from your post exactly what problem you are having. You should start your own thread on this.
  24. The FOS has returned my whole application and documents because they cannot intervene until RFS has issued a "final response". I knew this was the case, but did point out to FOS that I had been unable to get ANY response to my correspondence. The FOS has advised me that they have written to RFS about my complaint and given them 8 weeks to either give a final response or deal with my questions. After 8 weeks I am able to resubmit my complaint if i dont receive a satisfactory response. Ah well, heres to waiting.
  25. Not much to report lately. Since the FOS has become involved, I've not had any word from RCI:roll: I don't know exactly what way it works, but presumably FOS has written to RCI saying they've received a complaint. Although FOS acknowledged my application, they returned it last week and asked for copies of all letters and such, which i forgot to include before:confused: . Got all that stuff sent away at the start of the week. I eventually worked out the second figure RCI are demanding. When the inspection was done, I was "penalised" £100 +VAT because there was no service history with the car. In my initial letter of dispute, I explained to RCI that no service history was applicable because the car was less than 2 years old and the first service had not been due when I returned the car. They seemed to accept this as any of their subsequent demands for payment had not included this. Now its back on the table!!! Gary
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