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altosbestos

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Posts posted by altosbestos

  1. 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? 

     

     

     

     

     

     

  2. 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. 

     

  3. 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!!

     

  4. On 25/11/2020 at 03:51, garygumps said:

    Hi Scourge of Ryanair,

     

    Thanks for your support.

    As I said, the case is in limbo at the moment until court services get back to "normal".  I am happy enough with this.  I never really got a satisfactory reply back about the ESCP but because I can enforce any judgement in ROI I am happy to  continue with my current action.

     

    I am all prepared for any hearing and feel I have a good case.  I am looking forward to completely sidestepping Ryanairs defence of bad weather etc. and focussing on their failure to provide the transport, as propmised, to the new departure airport.  I have many witness statements from fellow passengers and news reports to back this up and also Ryanairs own flight data showing only 10 passengers made the flight.

     

    What ever happened to this? any updates? x

  5. 25 minutes ago, bahbahman said:

    I've used money claim online to make a claim against Aeromexico UK branch for failure to provide a refund for cancelled flights. They have until mid-February to respond - will let you know how it goes.  

     

    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. 

  6. 29 minutes ago, Ethel Street said:

    Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible.

     

    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.

     

    29 minutes ago, Ethel Street said:

    Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible.

     

    She could outright apply to remove the executor, see Section 50 of the Administration of Justice Act 1985.

     

     

  7. On 13/11/2020 at 15:11, Andyorch said:

    Sounds promising...2 months is better than 12 months...but in the meantime try to converse with Santander UK and see if there any option through the UK arm.

     

    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?

  8. On 12/11/2020 at 14:18, Andyorch said:

    Bleak if your trying to sue someone in the UK at the moment....you must exhaust all avenues first...speak to Santander UK first and then possibly Visa or Mastercard as it now I understand they recently switched.

     

    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... 

  9. 22 minutes ago, Andyorch said:

    Have you spoken to Santander UK ?  Technically you made the purchase here in the UK...now irrespective of the CC being a Mexican Santander card the purchase was made from the UK and would of thought that there should still be some protection irrespective of which currency was deployed...and that it should still have the Visa International protection. 

     

     

    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? 

  10. 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):

    Quote

     

    Disputes

    Any dispute whatsoever related to visits by users to or with the products acquired from aeromexico.com shall be submitted to confidential arbitration in Mexico City, Mexico, and the user accepts the exclusive jurisdiction of the court in force at the time of such proceedings. The arbitration judgment shall be obligatory for all parties and may be brought before any court with competent jurisdiction for the issue of a final judgment. To the greatest extent permitted by the corresponding legislation, no arbitration proceeding undertaken in accordance with this Agreement shall be connected to an arbitration proceeding related to another person subject hereto, whether through joint or separate arbitration proceedings.

     

     

    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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