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Everything posted by altosbestos

  1. @bahbahmanBrilliant! I'm very glad the law was upheld, even if it took long. @Andyorch, thanks for asking. I sent Santander Mexico copies of the relevant Mexican/UK law during this "non-chargeback dispute". The credit has not been reversed as of today, so I want to think that VISA/Santander decided I was in the right.
  2. When is your hearing? Of course they cannot rely on a false contract you never signed, make sure the Judge is aware of that.
  3. Hi dx100uk, yes. I guess you could say it failed to dispense, yes. Slick132, 06/04/2020: ATM retains my cash 07/04/2020: I bring this to the attention of Barclays, they say they will investigate May 2020 & June 2020: Radio silence July 2020: I pressure Barclays, they say they are still looking into it August 2020: Radio silence September 2020: I get fed up and I complaint to the Ombudsman without a final response letter January 2021: My claim is formally acknowledged and lodged into their system / assigned an investigator 11/03/2021: My claim is rejected by the investigator 14/03/2021: I reply to the investigator and tell her that her that she has presented no evidence whatsoever to support her notion that the cash was actually dispensed 17/03/2021: She says she can assure me she has seen convincing evidence but does not elaborate 18/03/2021: I ask an Ombudsman to review this and also for my case file 19/03/2021: Refusal to provide a case file ---- I will then fire off SARs, but I still wonder about my original questions -- whether the SAR really will contain exactly the same information that a vanilla case file and whether this is a strategy to shield the big boys. Is there any point in writing to the Treasury Select?
  4. Hi there, Interesting option, yes. As I said my only concern would be the FOS conveniently leaving out Barclays/FOS communications during a SAR, but I think Barclays cannot do the same. This complaint relates to an ATM (from Barclays) stealing money from me and Barclays being useless in the subsequent processes to recover my money.
  5. Hi there, Have a complaint against Barclays. The case handler already ruled in favour of Barclays (quelle surprise), and I requested an Ombudsman to review this. In the meantime, I also asked her to give me a full copy of my file case, because I think a lot of her reasoning is flimsy. She has refused, saying that I need to make a SAR to have access to that data. Now, in my opinion, this is an act in bad faith, because the SAR can conveniently avoid including communications between the FOS and Barclays, which a genuine copy (with the appropriate deletion of sensitive data) of my case file would contain. Moreover, the Independent Assessor has, historically, said that: In a small number of cases I found that the Ombudsman Service had caused avoidable loss. In mid 2010, when complainants asked for copies of documents held on the Ombudsman Service’s case file, they were often told they needed to make a Subject Access Request under the Data Protection Act and pay the standard £10 fee. Under the Ombudsman Service’s policy of natural justice and transparency, complainants are entitled to copies of evidence that the Ombudsman would rely on in order to reach a decision and I recommended that the £10 fee should be refunded. (From the 2010/11 IA Report) So... two questions: 1.- Am I right in assuming that this is a deflection tactic to deprive me from key information about my case? This would merit a serious complaint with the IA, and -hell- even my MP if this is being done systematically to shield the banks. 2.- What should I do now? Thanks!!
  6. Hey there... Any luck obtaining the judgement and enforcing it with High Court officers? Very curious on this, as Aeromexico is contesting the chargeback and will likely end up in court. Thanks.
  7. @bahbahman That's very good. In due course, you should ask for High Court Bailiffs. Just make sure -beforehand- that they actually have something to seize in Heathrow. Please keep us posted.
  8. @bahbahman Any updates? Did they file an acknowledgement or service, a full defence, or just ignored the citation?
  9. Good, Aeromexico should pay what is duly owed. If you have questions or need help down the line, please don't hesitate to ask. Also, please do keep us updated! Precedent can be really valuable.
  10. I would wholeheartedly agree with the fact that involving solicitors will cost more than 1,000 pounds. If she cannot start proceedings on her own as a LIP, then she would need to take a more passive (but, alas, long) approach.
  11. I think she's being conned by the "executor", especially due to the ill will between the two. If I were in her position, I would take the executor to court, but different strokes for different folks, I suppose. She could outright apply to remove the executor, see Section 50 of the Administration of Justice Act 1985.
  12. You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage. I would recommend you do it today, start maintaining a paper trail.
  13. Andyorch, Santander Mexico has decided to issue a credit in my favour but it looks like Aeromexico might contest this "chargeback" with VISA, which will take 6 months and then there's a chance they can re-bill me. Should I pre-emptively sue Aeromexico?
  14. Anney: send the executor a letter before action (LBA). State clearly you want a response of exactly what's "holding her" and why she has not carried out the duties as an executor. Give her 14 days, send it via registered post if possible. If no joy, I would proceed and sue.
  15. Andy, I managed to get Santander Mexico to start an "investigation" of the case, but they said it will take them 2 months to make a decision on whether they can get my money back or not. Clearly not a chargeback, as you see. If Aeromexico fights this and eventually we go to court, I really do hope this will help me, because essentially I am letting Aeromexico enjoy my money for 2 extra months without any legal recourse...
  16. I could not get any insurance to cover this, due to the FCO travel advisories, and Aeromexico is not part of ATOL. I guess I can try and contact Santander UK and see if something pans out. Do you think my prospects at court would be bleak?
  17. I know I should have used a UK Credit Card -- been banging my head against the wall since then. I did it because, well, that's where I'm from. Nonetheless, I intend to pursue this in court and then claim that any forced arbitration agreement would violate The Unfair Terms in Consumer Contracts Regulations 1999.
  18. Yes, it's a Visa card from a large mexican bank -- Santander Mexico. Much to my chagrin, Santander Mexico has refused to process a chargeback, indicating that according to Mexican law those are restricted to fraud (non-recognised transactions) and not to instances of services not rendered.
  19. Hi there. I'll try to be as explicit as possible, and would very much appreciate some help regarding this matter. I purchased a LHR-MEX (round trip) flight with the Mexican airline "Aeromexico". This flight was supposed to depart on 3rd Nov and return on the 12th of Dec. "Aeromexico" cancelled this flight in the beginning of October and, although I have tried to call them (sometimes even waiting for hours on the phone) to get a refund, they say that they will take 12 months to start processing them. 12 months -- not a typo. It is my understanding they should process refunds within 7 days as per EC No 261/2004, so I think I have a clear claim here. I issued a LBA in the middle of October and received no response. I am now preparing to issue proceedings for the small claims track, but I should make two important disclaimers here: 1.- Although I am a legal resident in th UK, I am not a UK/EU citizen (I'm from Mexico) and, 2.- Although I purchased this flight here in the UK (through Aeromexico.com), I paid for this flight using a credit card from Mexico. In fact, it is because of this that I cannot issue a chargeback or invoke section 75, as these are not provisions that exist in my home country. Looking at the fine print, my contract of carriage is with "Aerovias de Mexico S.A. de C.V.", which is a Mexican company headquartered in Mexico City. After perusing Companies House, I know for a fact that they have a UK Branch (https://find-and-update.company-information.service.gov.uk/company/FC031059), although the UK and the overseas company is "Aerovias de Mexico UK Branch" (slight difference, you'll appreciate). Moreover, aeromexico.com has the following disclaimer in its T&C (but NOT in the contract of carriage, https://aeromexico.com/en-gb/legal-information): Therefore, my question is: Given the fact that (i) I'm not a UK/EU citizen, (ii) I paid with a credit card from Mexico and (iii) Aeromexico includes that disclaimer in its webpage... do I stand any chance if I submit a claim court? I am worried about Aeromexico trying to dismiss my claim in this technicality, arguing either that "Aerovias de Mexico UK Branch" is not "Aerovias de Mexico SA de CV" and/or that English courts do not have jurisdiction given this disclaimer forcing me to accept exclusive jurisdiction in Mexico and using a confidential arbitration process. The only hope I have is that this is a flight departing from an UK airport, but I don't know if that's enough to assert that an English court has jurisdiction and those disclaimers cannot be enforced. Any help would be greatly appreciated. Thanks.
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