Jump to content

Douglas52

Registered Users

Change your profile picture
  • Content Count

    104
  • Joined

  • Last visited

Community Reputation

160 Excellent

About Douglas52

  • Rank
    Basic Account Holder
  1. You might want to consider hitting them with a small claims action in your local court. It is clear to me that the goods are not of merchantable quality. I have used this procedure and it has never ended up in court - the threat and serving papers on them usually acts as a laxative. It's a while since I have done it, but I'm sure others on here can point to the appropriate clauses to rely on.
  2. My advice - find a bona fide immigration lawyer and take their advice - it costs but you will get the correct advice. Human rights claims are also useful - right to family life. But be aware the border agency end up in court and lose many cases - they are highly obstructive.... but they have a difficult job! From personal experience, its a nightmare road full of potholes! Good luck!
  3. Hmmm that's not good, I didn't understand 'strict liability' I am told this particular inspector has a reputation, no problem with that for fare dodgers, but what if that card had been corrupted by a blackberry magnet during the journey? I have done this with my hotel keycard on many occasions. Surely the printed text backs up the strip and vice versa? Passenger Focus have complained about TIL catching too many innocent people and suggested possible revenue enhancement. In any event, I have trawled the T&Cs, bye laws and conditions of carriage. The only place they say lamination is in the disabled persons card which does not apply- inconsistent rules and I suspect they have mixed them up. As usual, getting justice will cost far more than the fine....
  4. A friend has a YP 16-25 Railcard. He laminated it to protect it and used it for 6 months without any problems. Then on a Cross Country train an inspector confiscated it and the rail ticket because the magnetic strip could not be read through the lamination. Now Transport Investigations have sent him a penalty for not having a valid ticket and threaten criminal proceedings if it isn't paid. I am told all of the info on the strip is printed on the card and I cannot find anywhere in any of the rail regulations or card T&Cs that lamination = damage = invalid. It is stated in the Disabled Persons Railcard T & Cs that this is the case but NOT in the Young persons. Who would think that laminating a card constituted damage!! They quoted Byelaw 20 but omitted the second part!!! 20. Altering tickets and use of altered tickets (1) No person shall alter any ticket in any way with the intent that an Operator shall be defrauded or prejudiced. (2) No person shall knowingly use any ticket which has been altered in any way in breach of Byelaw 20(1). I have little knowledge of English Law but I would think this means they would have to prove intent and knowing. any advice appreciated. This is ridiculous!!
  5. New limit on small claims in Scotland is £3000 so you can use the small claims procedure. Expect the bank to try to sist (suspend) your case pending the test case in the English courts (no I'm not joking!!) There are plenty of threads here with the help/info you need.
  6. Watch the post now- in my experience the closer you get to the court date the more likely you are to get an offer from the bank solicitors. But watch out - usually they will offer you less than you asked for. Stick to your guns you should be able to hold out for the full amount - even up to the day before the hearing. Good luck.
  7. Thanks for the advice Buzby but jurisdiction over Consumer Contracts does not apply to a contract for transport!! - see the Civil Jurisdiction and Judgemnts Act 1982 Section 4 13 3 (b) which is harmonised throughout the EC. Unbelievable isn't it!! International companies selling internationaly to consumers but protected from consumer protection legislation both by jurisdiction and in other legislation (such as distance/internet selling and others). I believe this exemption is to allow the Montreal Convention superiority (or its predecessor the Warsaw convention) but I saw one source which says Warsaw was designed to limit the airlines liability so that they could obtain insurance at reasonable cost and therefore encourage the fledgling airline industry. Surely such protection is no longer required!! Anyway I intend to complain to the EC as suggested because clearly there is now an issue of jurisdiction wrt the denied boarding compensation regulations. Unfortunately we lost the appeal on the basis of jurisdiction but it was the defence who requested a hearing in Ayr as an alternative not me so I will be happy to oblige and if that fails we will go to Dublin. Thanks for your advice any more comments are extremely welcome.
  8. Hi Rory yes it is but you can drop the thread cos we've been in front of the Sheriff Principal. It was very interesting, and I was fine after the nerves settled. Prepared a lot of authorities on changing their defence and contractual obligations but before everything jurisdiction was the only issue and my gut feel is that we will lose on this point- not Montreal but on the CJJ act - I think it will fall back to a place where they have fixed property- Prestwick airport. However the sheriff said we could ask for the case to be sisted for 18 months given the circumstances or withdrawn and re-started before 2011!. This would allow my son to return so we could lead evidence. Maybe I can get them to agree everything (avoiding the need to lead evidence) and just get the court to decide if the compensation claim is valid based on public facts. (Fat chance I think!!) (Would you believe the opposition solicitor stated in his rebuttal that cancellation was the ultimate delay!!! trying to get Montreal to stick!!) Anyway some good news (I hope) is that because it was the defence's fault we ended up at an appeal I asked for expenses win OR lose and I am reasonably confident I will get them- the defence suggested none were due either way!! Thes will be at the summary cause rate - not small claims so they will be worth a few quid more!! I'll keep you all posted. Sorry I forgot I should have post this all in the same thread - I was in a rush!!
  9. I have an appeal in front of the Sheriff principal. The defenders are claiming that my court does not have jurisdiction. Scots Law legal eagles: Under the Civil Jurisdiction & Judgements order 2001 is our claim for compensation a contractual obligation I believe the compensation claim is a contract term implied by statute (denied boarding compensation regulation) therefore the compensation is a contractual obligation therefore under : Schedule 8 2(b) (in matters relating to a contract, in the courts for the place of performance of the obligation in question. it seems my court should have jurisdiction because the monies are due to be paid in the sheriffdom. Can anyone confirm my logic (pleadings). No pressure but the appeal calls on Tuesday 18th March!!
  10. PS sometimes I find American companies HQs are more responsive than their UK subsidiary office.
  11. Here's their snail mail address in the UK- send them a nice polite letter explaining your problem. Contact Us
  12. Here's the American DOT advice document on MaxJet http://airconsumer.ost.dot.gov/cessations/Maxjet.DOC
  13. Honeymooner check out this link- Lloyds TSB - Debit cards it seems the card has some kind of travel insurance. Also get a copy of the card Terms & Conditions and read all the small print.
  14. I recall that the OFT or FSA have told the banks that once an offer has been made they must honour it so press on and don't waive £7.34 already offered!! Good luck.
  15. Happy New Year Rory How about someone edits the No stays in Scotland post leaving the GLC statements towards the end- this would avoid confusion.
×
×
  • Create New...