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nuclearshark last won the day on June 26 2018

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About nuclearshark

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  1. At the request of BankFodder I have created a new thread on this issue. Site team if you feel it's best to merge the threads please do so. I will try to be as brief and factual as possible. The core issues were as follows: I was travelling to Hamburg over the Christmas Period to see a friend, Found a Flight Outbound, Hotel and Eurostar home. After booking the Flight and Hotel, I discovered I could not book the Eurostar ticket on either Loco2 or Bahn.de I discovered the booking engine at Loco2 and Bahn.de was advertising Eurostar Train #9129 (which only runs on Sunday) as running on a Saturday. After contacting Loco2 I was told to wait a while and attempt to rebook it, If I could not I was told to book a different train. All other trains on that day were for exorbitant amounts in the region of £400 I had to travel home the following day and compete with 2 sets of major Engineering Works on Great Western Railway, causing delay and inconvenience. This ticket was also considerably more expensive and I had an extra hotel bill in Brussels. It was suggested this was a good example of Unfair Trading - https://www.which.co.uk/consumer-rights/regulation/consumer-protection-from-unfair-trading-regulations-2008 - as the companies concerned were advertising Train services they knew were never going to run. The trains remained advertised after reporting the discrepancy and eventually the price increased the closer the time got to departure, even after it was reported as a non usable train. It was also discovered the same problem with train #9129 happened on more than 1 occasion. I believe I could satisfy the condition that the unfair practice influenced my decision to make the booking, as I had already by that point spent £200 on a Flight and Hotel for the weekend. Had I known I could not book that train, I would have made other arrangements with the trip or postponed it until January. I contacted Loco2 and their response was in a nutshell "It's not our fault, there is nothing we can do, we can only report the discrepancies" I had drafted an LBC to send to Loco2 citing CPUTR 2008 and my intention to sue. But was advised to hold off, it's in my previous thread here: Thoughts anyone? Thanks : )
  2. Referred to the ICO and a letter before claim is being sent later today. Someone in the company has found this thread or it's finally come to head office as I just went into my FlixBus account to download the invoice to work out the total costs for the LBC and found my account has been deleted with no explanation... I managed to recreate the account with the same email address, so while it is entirely possible it was a glitch... It seems too coincidental to be such. I've decided to claim for the following: Both outward and return FlixBus tickets (After all the Driver said I'd never be allowed to travel again...) £85.00 Airline Ticket €223.99 (Economy Class to final destination) TGV Ticket from Calais an Airport €75.00 (2nd Class) Bus Ticket (Unknown Location - Calais Station) €1.70 Extra Night (Friday) in the Hotel I had already booked for the Saturday Night £75.00 Injury, Distress, Inconvenience etc ... Undecided on the amount. Probably £1,000 I'm going to give them 7 days to respond to the LBC which takes us dangerously close to 22nd March 2019. If they end up deleting the footage then thats tough luck on them I guess.
  3. Just an update. I'm having a real headache with this now because the Courts have well and truly made a complete hash of my case. I filed action in the County Court against the company via Salford County Court Money Claims Centre. As the defendant is in the USA I had to self serve them the papers which I did by registered and tracked post. They received them and contacted me but to date an amicable agreement has not been made. Fast forwards and after 3 weeks I heard nothing from them so I requested judgment by default. I was advised to complete forms N225, N215 and N244 with a £100 fee to request judgment outside of jurisdiction. It later transpired a day after I filed these documents the court received a part admission of the claim with supplementary defence. I rejected the part admission as it did not satisfy my situation. I received my Judgment against them on 04/01/2019. A few days later I received a letter saying someone had Set Aside the Judgment because I had not satisfied CPR 12 and CPR PD 12. I filed a complaint against this as this is what the N244 and N215 was for. It was referred back to a Judge for a second time who states the Judgment should remain set aside as a defence has been filed and an Affidavit was not filed (Which I was told was the N215) It has taken the Courts nearly 2 months to investigate this and I am really frustrated as I am no closer to a hearing or judgment. The bit that annoys me is the Court sent the part admission documents back to the defendant as a judgment had already been entered. So why is the Judge saying this should be considered in any event? It is probable the case is now stayed. I requested this be delayed due to the time it is taking to investigate the complaint. However the courts have been tediously slow in managing my case and am at a loss what to do now. I'm aware I can apply to have the Stay lifted for £255 (I have help with fees eligibility) but the principle is this seems to be their mistake. TL';DR Judgment granted Defence Filed and Part Admission Judgment set aside due to not satisfying CPR 12 (When it had been) Complaint made and Set Aside remains No idea if the case is Stayed or not Court being tediously slow resolving this
  4. I sent them a SAR for this within a few days of the incident taking place. I have today had a response which states: "Due to data security a request for possible surveillance footage can be request by prosecutors or similar authorities only." As the matter has been reported to the Police I have responded stating the footage must be preserved (If it even exists) and if it does, It must be passed onto the Police quoting my crime reference number. I have also learned that drivers pointing fingers in peoples faces during any form of disagreement is not unheard of. I've written a bit more of my letter to them but not quite finished it yet. Is there anything else I should be doing in the mean time? I'm aware the Gov website says the CCTV owner can refuse but I'm not sure if the grounds for refusal are valid. I believe they are as I am requesting footage of an incident between myself and 2 people. . So far the Police have yet to respond to my complaint and I am concerned if footage does exist that it will be lost if I do not act quickly. So should I make a Court Order for example to retain that footage? I have also requested footage from Le Shuttle.
  5. Hello All, I recently had the displeasure of travelling with Flixbus on a journey I won't name for reasons that will soon become obvious. I was due to see my partner and not wanting to part with £400 to go Ryanair I decided to try the Coach for £90 When the journey started the driver announced the toilet was only to be used for urinating. When the driver arrived at the Ferry Terminal they announced the toilet would be closed from there until the next scheduled stop, probably further. They also said there would be no stops for a comfort break and it would be a straight drive. I have several disabilities and health conditions, one being Autism and another condition incontinence. I explained to the driver my problem with not having a toilet and suggested it was best I alight at the Terminal and continue my journey under my own fruition. But for absolutely no reason the driver became the biggest ball of rage and anger I've seen from a staff member in the transport industry. They pointed their finger so it was around 5cm from my nose and yelled at me "CALM DOWN!!" when i was perfectly calm already. They then began to start swearing at me. I never lose my temper and/or swear in an argument as you immediately lose. when I replied "Don't talk to me like that" for the driver to get out of their seat, square up to me and look down at me and yell "OR WHAT?" I realised I was in a very bad situation. More expletives were fired my way and they told me to go back to my seat so in order to give them time to cool off I decided to step away. The driver then returned after several minutes (ironically to relieve themselves) and I tried to explain the situation again and started out with "Can we have a polite and civil conversation". I also began recording at this point on my phone. Again I was met with things like "don't talk to me like that" and them becoming verbally aggressive. At this point I was having no more of this and demanded my suitcase from the hold and that I get off the bus. The driver said they had to call for permission from their control room and that "I'd never be allowed to travel again" if that was done. "If you want to be vindictive, thats up to you" I replied. The request was granted and I was invited to sign a waiver (Which I couldn't read as the drivers writing was illegible) and then the driver began making death threats. "If my son was here you'd be 6 feet under" I ignored this but they kept repeating themselves presumably to gain a reaction. Eventually I just replied "You're scaring me now" and they responded "Good. You should be. My son is not here so you're very lucky, very very lucky" I then realised my choice of clothing was incredibly unfortunate. A large hoodie with the word UNLUKCY written across the front. At this point I made an attempt to conceal this so as not to provoke the driver further by them inadvertently seeing this and somehow knocked my phone back into record mode. The driver heard it and then hit my hand so my phone fell away onto the floor. Luckily it was not damaged. Then spouted some nonsense about recording without permission. I decided not to pick that battle as I considered myself in danger and they probably wouldn't have listened so I left that battle well and truly alone. I was also well within the back of my mind that the driver would say he'd let me off but then refuse to stop and put me in a situation where disaster was inevitable. I then was reunited with my bag and went back to my seat. I then heard the driver say something along the lines (To what I believe was a colleague and/or friend) "If I find a video on Facebook, I'll rip his **** head off!" and by now I was pretty worked up and knew I could be in serious trouble. But nevertheless I was thrown out at a Petrol Station somewhere on a Calais Motorway. Thinking I'd be left at the terminal... I didn't overly appreciate the 5KM walk to the nearest bus stop. So in terms of a complaints procedure. Receiving death threats from an employee probably warrants Police Action, So the matter was reported to them but I've yet to have any contact back from the constabulary. Having reviewed and looked around I think it's best to claim against the operator for breach of contract under Consumer Rights Act 2015 and Breach of the Equality Act 2010. After all, stopping the bus at a roadside service station for 2 minutes is easily considered a reasonable adjustment. It's no different to the bus waiting 2 minutes at a traffic light. The bus company however put the vehicle in service knowing the toilet was faulty as this was announced at the start of the journey. Their website also says every bus has a toilet onboard so that is considered a binding term under services provided pursuant to Consumer Rights Act 2015 as I relied on it. My understanding is this also allows me to claim for consequential losses to get to my destination. Which was in the region of 300 euros. My partner and I concluded there was an event taking place in the area I travelled as every flight with every airline was extremely expensive and we've never seen the central railway station so busy on a weekend. My main question is a couple of my friends suggested I should claim for emotional distress and physical injury (walking 5KM when my doctor says I shouldn't walk more than 200m. My body kindly reminded me there is a reason for that...). Plus being on the receiving end of words mocking my disabilities. I won't mention exactly what was said here but it's probably enough to call it a hate crime. Nevertheless I don't want this to sound worse than it probably was and I actually don't want the driver to lose their job either. I have already said this to the company by phone. Simply put, I'd accept the following: Driver to take a Disability Awareness Course, Conflict Resolution Training and be educated on ones right to film in public. Plus an apology for their actions. In turn I will happily respond in kind if it is found I said something in a matter that was perceived as rude but that was not how it was intended. Reimbursement of Tickets and Consequential Tickets booked. As I arrived earlier it might be worth arguing a hotel night stay as well. I won't bill them for my return tickets home. However I did not use the booked ticket as I had no intention of arriving at the Bus Station to board and finding either A) The same driver and/or B) Found the tickets had been cancelled. So I want them to refund those too. However I'd just want to ask what you guys thought if this was you or your disabled relative and whether you'd want to look at emotional stress and inconvenience? If so how do you gauge what that was worth? I could write the after effects this has had, but it won't change anything. However I want to be very clear, having soiled a coach when a teacher refused to allow the bus to stop in my teenage years and then getting mocked until the end of my school days for it... This whole thing brought back a very unfriendly reminder of how difficult travelling can be. In terms of how far I've got. I've logged the incident with the Police. I have started writing a letter. Just wanted a 2nd and 3rd opinion to see if I'm going about this the right way. One day my bad luck will end... Just not quite yet it seems lol
  6. Hi BankFodder, I'd like to take this up in the near future and just wondered what the next steps should be.
  7. I can confirm this was also a problem for 22nd December 2018 22122018.pdf Good news is I can't get the booking engine for give me Train 9129 on the days Ploddertom has mentioned, even if I try and force it to by adding a stopover in Brussels of a minimum 1 hour.
  8. I've drafted this LBA.. Is it ok or should I trim it down and be more blunt?
  9. So this is actually worse than I thought... It seems the 12:52 Bahn.de and Loco2 are offering doesn't exist either. That or every seat in Standard, Standard Premier and Business Premier are taken, which I find a little hard to believe. I had to book my return trip and managed to book a train on the 29th - 30th with an overnight stop in Brussels. This is still cheaper than paying for Business Premier on the 14:56 departure on 29/12/2018 I feel better about doing it this way as I can argue a more like for like service was used and it shows I was going to book the journey in any event. So I should have paid £155 for First Class from Hamburg Hbf - Somewhere on the GWR network. As I said in my previous post, I had every intention to make this journey and thought the price was reasonable because it was travelling in the very early hours of the morning. Which didn't worry me much. I have now booked a ticket for £218.25 for travel from Hamburg Hbf - Somewhere on the GWR network. I have also now got to stay an extra night in Hamburg and Brussels. In addition, I now have to contend with the engineering works in Slough on the 30th December 2018... Something I was trying extremely hard to avoid. Rail replacement buses are not kind to those who have medical needs for regular comfort breaks. In summary my total loses are as follows: Hamburg - Cologne Ticket £72.00 Cologne - London St Pancras £104.00 London Paddington - Somewhere in GWR land £42.25 Hotel in Hamburg £92.39 Hotel in Brussels £58.18 Total Expenses: £368.82 Minus Fare that I should have paid £155.00 Total losses: £213.82 I've attached some of the evidence in a PDF of the issue I faced. The more concerning thing however is that the price has increased for the train that doesn't exist, despite it being reported as a rogue journey that shouldn't be there. So the companies concerned have had plenty of opportunity to remove it and yet it is still for sale... So how do we proceed from here? I'm guessing an LBA / LBC to Loco2 requesting refund of £213.82 and see what happens? I won't send an LBA till I am home as I really don't want them to cancel the tickets out of spite lol... CAG Complete.pdf
  10. I hadn't updated this thread as there is still a lack of progress with this. However I can give the following updates and explain the processes I've gone through to get to where I am today. I allowed their technical support to troubleshoot some of the issues I was having, but sadly this didn't help and has created new problems that didn't exist. The agent meant to call me back but did not. Apparently he left a voicemail which I find odd as my mobile SIM has that function disabled as I got tired of PPI voicemails. In the end I got fedup as I hadn't received a promised payment or the replacement SSD drive so I started an N1 Claim Form against them out of jurisdiction. I filed the papers with Salford along with a new Help with Fees application. To do this I needed to complete Form N1 and Form N510 to file against a USA Company. Because the contracts both parties agreed to specify Luxemburg or UK Courts then my understanding is that the claim can be served without the need to request permission of the court. To do this one uses the N510 form and serves this along with the N1 form to Salford. For anyone doing this you need to include an extra copy for every claim form you complete. So if there is 1 claimant and 1 defendant, then you include 3 forms. 1 for the Court File, 1 for the Defendants and 1 for your file. When completing the N510 there were 2 options but I went with: Signed and dated it. The court then returned the forms to me stamped and completed and advised me I needed to serve these on the defendant myself. I sent them their copy by Royal Mail Tracked and Signed for and they received these on the 19/11/2018. As they arrived at 10:44 which is before 16:30 they are classed as served the same day. As the defendant is outside of jurisdiction they are allowed 21 days to file an Acknowledgement of Service. Since they have received these forms they have paid out £91.10 and sent a new 2TB SSD but refuse to do anything further to assist other than technical support. This isn't going to fix the casing crack that has appeared nor the shockingly poor battery life. I have since taken the machine to an independent IT provider (I used to work as an IT Manager but wanted someone elses input) who agreed the crack had not occurred as a result of the machine being dropped and was likely caused by fatigue in the plastic moulding itself. Needless to say I requested judgment but as they are outside the of jurisdiction the court advised me I needed to file an N225, N215 and N244 to request the judgement. The N225 is basically the request for judgement. The N215 is the proof of service. I also included the tracking number on the form and a printout of delivery from USPS. The N244 is an application that costs £100 to request the court issue judgment. A separate Help with Fees application is also required. This can be done online and the application number written into a box on the form. Currently I am waiting for the Court to issue judgment but I doubt I'll get this before the new year. Once I have judgement I then make an EJ-115 application to the Courts of California to have the judgment recognised by the California Courts. Whilst the company claim they have responded to the claim, the court denies this. Either way this will come to a hearing whether in the USA or the UK. I'm travelling to Canada in February and my intention is to time case this along with those plans and I don't think they are expecting this. They can oppose the EJ-115 application but having looked at the form and into Case Law I doubt they will get very far. But US Law is a very tricky thing to understand so I might need to consider an Attorney in the USA. I'm not sure on that bit yet as I'd like to keep this as much as Litigant in Person as possible. http://www.courts.ca.gov/documents/ej115.pdf I also checked with the California Courts about Help with Fees applications and they believe I would be elidable to apply out of Country as my income is below their threshold after currency conversion. So while the company may appeal this application in the hope I don't continue because of the fees, they are mistaken as it's only going to cost me time and effort at the end of the day. I also recently offered to waive all interest accrued to bring the matter to a close. They declined the offer. I think that covers everything so far, just to summarise I am now waiting for the Judgement certificate before pursuing this in the USA Courts. I'll ask again for payment before doing this but I doubt I'll get anywhere. Once I have filed an EJ-115 I'll update this thread. If anyone would like to see my PoC's or any of the forms I've completed then please do let me know as I'm happy to provide them minus personal details etc.
  11. Hi Bankfodder, Yes I'd like to take this forward as I do want to continue the trip. I just didn't want the extra unexpected expense. I haven't booked the return trip as of the moment. Do you think I should book one of the cheaper options such as the ferry or keep everything like for like and book one of the later day Eurostars? Having skim read the links you sent me I presume I could also claim physical discomfort as I would be awake for 24 hours by the time I got home and it would be a very inconvenient route home. Again I don't want this to be a profiteering exercise, I would just like to cover the amount I'm going to lose as a result of this error. I can certainly demonstrate that the decision to form contract was influenced by this train as I booked a flight and hotel. I do have screenshots of this and the other options. I am happy to link them in PDF into the thread. Even after reporting the issue to Loco2 they are still advertising this train... Bahn.de also still advertising it...
  12. I'm going to see a friend in Germany and started booking it up and had a problem booking my ticket home. I'm flying out and got the hotel booked but after trying to book a train ticket on Loco2 and Bahn.de for the homeward journey I deserved a problem with the whole plan. The reason I tried to book the train was because flights were extortionate, around £300 minimum (around this time of year I expected that). The train I found leaves Hamburg at 00:34 on 29/12/2018 arriving into London at 12:57 and the fare offered for this train was £66 Standard Class or £123 First Class. I decided to go with the latter but Loco2 refused to book the train for me. I wanted to book there to get a 'through ticket' so if Eurostar or DB ran late I'd not face problems using an Advance ticket on the UK Railway. As it wouldn't give it to me I decided to book the international part on bahn.de This website gave reservations but when it came to entering card details to make payment, Their website would not reserve a seat on the 11:56 Eurostar service. There is a button which says "Force Reservation" which I pressed and it kicked a message back saying the train was fully booked. I thought this was odd so decided to try and book with Eurostar directly and noticed that their website was showing some fully booked trains but wasn't showing a 11:56 departure from Brussels. After investigation I found out both Bahn.de and Loco2 (Which presumably API's to the Bahn system) was trying to make a reservation for Eurostar Train #9129 ... That train runs only on Sundays... the 29/12/2018 is a Saturday, so it shouldn't be coming up as a possible journey at all... I've spent a few hours trying to figure out how to get around this problem. It seems that the 12:52 departure is fully booked for Both Standard Class, Standard Premier Class but Business Premier does have seats available bringing the total price to £505.15 if I delay departure in Brussels I can use Standard Premier on the 14:56 for £317.00 (Standard Class is sold out) Either way I'm left with a touch choice of abandon the trip and lose out on the Hotel and Flight I've booked, pay the extra £200 (Which isn't really doable) or take the ferry from Hoek van Holland which will bring the price down to around £138.50 (This is doable) or use the coach from Brussels bringing the total to £159.45 both of these options take significantly longer but offer a considerable saving over the Eurostars. Having looked at this, what are my options here? I reported the issue to Loco2 straight away who blamed the Bahn system being slow to update. Having checked today the ticket for the train that doesn't exist is still being advertised. I believe this is mis-selling as the companies concerned are advertising a service which doesn't exist. I had no idea that service didn't exist until I tried to book said service. Had I have known this I wouldn't have booked the outward journey and hotel. A friend of mine commented that I should've booked everything in reverse. I disagree with that because the same could happen for the Hotel or for the outbound journey. I will probably book the ferry and just accept I won't get home until 2AM... But do I have any comeback here for the extra costs? Thanks, Shark
  13. Just an update here. I decided to try the "Lets be nice" approach again and spoke with TNT Direct again today. I pointed out how their website stated about keeping to a delivery guarantee and I was given a full refund as a gesture of goodwill. I was told about using PO Boxes and explained this was an error on my part and that "Employee Box" should've been used instead. I did counter this and re-enforce that as TNT accepted the address given that it did not waive them of their obligations under contract because they still choose to accept the contract. But I also said I would not use the service for PO Boxes in future. Refund in 5 - 7 working days and will update once received.
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