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Vauban

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Vauban last won the day on July 29 2017

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  1. I am sorry to hear of your wife’s illness and hopes she makes a swift recovery. I’m afraid that most air fares are not refundable - you pay a significant extra premium for a ticket that is. Buying through an agent also complicates things. Personally I always prefer to purchase a flight direct from the airline so that if there is an issue you don’t have to go through a third party but can plead your case directly. Hopefully you will have bought travel insurance given the significant costs of the flights. If so, you should be able to make a claim on the policy. If not, I’m not sure you have many options, except to ask the airline directly for a gesture of goodwill.
  2. Unless you are on benefits, it will cost you about £150 for a claim worth between £500 and a Grand (claim fee plus hearing fee). As King says, the other side pays for this if you win. If you don’t win, you’re £150 down. I am not a professional in this field, but I have a lot of experience of helping people in your situation. I also won my own case against an airline - which went all the way to the hearing. If you pursue this in the courts, there is definitely a chance (not a infinitesimal one either) that you get a District Judge not familiar with EU Regulation 261/04 or the binding case law, and that you get the wrong result. In my experience - and this is where a I think King is wrong - airlines do not simply “give up” when you send a LBA. They wait until you file a court claim, and pay the hearing fee. Then they usually - but not always - settle. But as well as carrying some risk, this process also takes ages. Probably six months, or more depending on court pressures in your part of the world. So I really would not recommend this course of action, when there is a pretty good arbitration alternative offered which - as I understand it - has a reasonably good record of dealing with claims fairly, at minimal cost to you, and much more quickly. Good luck with whatever you decide to do next. I don’t think the airline’s case has any legal merit.
  3. My understanding is that CEDR have a good record of dealing with these claims fairly, and much more quickly than a court process. I also understand that when this BA argument has been put before them - that only part of the delay was caused by non-extraordinary circumstances - then CEDR have generally rejected this defence and found in favour of the passenger. Perhaps King has more specific information that I am not aware of though? Of course you could write a LBA to BA, but you should only do that if you intend to follow through with the threat. And given that there is a cheaper and quicker alternative to try first, I’m not sure why you would rush to court. In the unlikely event that CEDR doesn’t give you satisfaction, you would still be at liberty to start a legal action.
  4. LBA is letter before action - the formal letter you write before commencing a legal claim. A court claim will take some time to progress - and will cost you some money in the initial outlay (which you get back if you win). So it's worth exhausting quicker options first. If you contact the CAA, they will tell you that BA is signed up to an Alternative Dispute Resolution scheme - for BA it is CEDR. So worth going through them first. Details here: https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/alternative-dispute-resolution/ I agree by the way with your logic: BA cannot start attributing parts of the delay to different causes, with temporal proportions. Either the delay is caused by extraordinary circumstances or it is not. If the delay is compounded by other factors - as it usually is - that's just tough for BA. A real shame that BA treat their customers with such contempt - but almost all the airlines seem to resist these dealing with these payments properly, unfortunately.
  5. What a miserable business for you. As a regular commuter on South Western Railway, I can attest that they are absolute pants - whether on a strike day or not. I am frequently inconvenienced by them - sometimes seriously - and I would hate to think how I would cope with their service if I had mobility or other issues: they are truly terrible. I hope another solution presents itself, so you don't have to spend Xmas alone.
  6. I would not get distracted by the fact that, on another occasion, they did not enforce the 20 mins gate closure rule. Stick to what happened in your case, which - as you describe it - is that the period between the gate being first advertised, then boarding opened, and then the gate closed was only 15 mins - and that this did not allow you enough time (by the airport's own admission) to get to the gate. If this is what happened, then you would have a good case for "involuntary denied boarding" under EU Regulation 261/04 (the flight delay compensation rules). You would be owed 250 euros per passenger, plus the difference in fare between the new flights and what you paid. Have you made a claim citing 261/04? If not, do so. And if the airline refuses you should then open up a case with Easyjet's arbitration scheme - which is run by CEDR. You can google it.
  7. So how much did your partner steal from the company, and how much money was recovered? And where is the balance?
  8. I don’t think there is anything to claim for: no one was actually injured (luckily) and the builders will repair the ceiling as part of the broader loft works. I wasn’t sure whether we - as customers, rather than employers or employees - could report the incident to the HSE.
  9. Yes they admitted this. Apparently the builder thought my wife was not in the house (she was, as were my children). At no point was she told that no one should be upstairs whilst the beam was being moved. The other thing the company said happened which shouldn’t have done was that the beam was broughtt high at an angle through the window space to the floor - where is was rested against a joist. Apparently the beams should be moved low and flat - not at an angle - lest they then slide through the ceiling (as this one did). Finally the company said they normally put the floors down before they put the high beams in - but for some reason the build went out of sequence. They’ve been quite open about all this - but it seems to me quite negligent all the same,
  10. I promise that I’m not exaggerating. I’m quite shocked about the incident and not entirely sure what to do. Would welcome some advice. We’re having a loft conversion done by a seemingly reputable building company. Earlier this week my wife was in our first floor bedroom when a steel girder came crashing through the ceiling. It didn’t drop through all the way - the builder working in the loft was able to stop it. it came down a long way: certainly beyond head height. My wife had been standing exactly where it came crashing down only a moment before - fortunately she had moved just before the incident. She would have been struck on the head otherwise, with presumably devastating consequences. It’s really frightening to think about, to be honest. The builder was quite shaken by the whole incident, but his supervisor seemed to imply that it wasn’t too serious, said he didn’t think the beam had descended all that far, and promised to fix the ceiling. My wife is adamant that she knows exactly how far the beam came down - the supervisor wasn’t there of course. I wrote to the company to say that this was a really serious matter, that a disaster had narrowly been averted, and that I wanted both a proper investigation and for the incident to be formally reported as a “near miss”. The Director of the company called me back the same day, was quite apologetic, but said there was little to be done now. The nature of the incident - ie no one was actually hurt - - meant that there was no body that the incident should be reported to - though they would formally record it in their register. Otherwise he was prepared to dismiss ther builder, or move him off my job. But I don’t want to damage a young lad’s livelihood. In my experience, when accidents like this happen its usually because of systemic failures that enable individual errors to happen, I’m worried that the company has been a bit dismissive of what I fear is a really serious incident, and that I have an obligation to make sure that lessons are properly learned so that no one else is put at risk like this. Next time they might not be so lucky. Would welcome others’ thoughts and advice on what I should do next?
  11. For delay compensation - you can claim off both the airline (under Regulation 261/04 - which would be 600 euros per passenger for a four hours plus delay, under the cause of the delay was "extraordinary") and from your insurance - if your policy has the protection (some policies do, but it is often not a lot of money - perhaps £50 per 24 hours of delay). For the costs you incurred by the delay (accommodation, meals, etc) you can only claim once, and as the airline is liable for these (even if the cause of the delay was extraordinary) your insurance company would expect you to claim from them first.
  12. If the floor level is irrelevant, and your issue is that the door tracks have been installed higher than the contract says, then what does the contract say the track height is being measured against?
  13. How much have you claimed for? And how did you reach this figure? I wouldn’t be worried about costs - this will all be done on a small claims track, so neither side will be liable for anything other than the basic court fees. You should be entitled to: a) compensation under Regulation 261/04 for the cancelled flight, if the weather didn’t affect your flight directly. You can enter the flight details in one of the better flight checker databases (like Botts solicitors) to see if they think this flight is eligible for compensation; b) the costs of taxis, hotels and reasonable refreshments during extended delay - but you get nothing under the Regulation for being in a less good hotel than other passengers. The obligation is just to provide accommodation.
  14. So when would you have missed your first payment? End of March 2012?
  15. How so, if the last payment made was Feb 2012? CAG guidance says a debt is SB "where no payment or acknowledgment of liability has been made for 6 years from when payment was due and not made." So when was the payment due and not made? Not 28 February, as the payment was made. Am I missing something obvious? Apologies if I'm being dumb.
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