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    • Okay, that will suffice as a letter of rejection – although I don't understand why you have to write pages and pages of everything instead of simply making the point that you need to make. The same with your claim form. It's a great shame that you haven't actually stated your your main cause of action on your claim form which is that you asserted your statutory right to reject and that the dealer breach their statutory duty by not accepting the rejection and refusing to refund. This is a glaring omission and at some point you have to remedy it. If you haven't actually claimed that then you haven't given the dealer an opportunity to defend on that particular point – and of course by not bringing it up now, in principle you are not asking the court to address that point. You should amend the claim. Once you sue on the basis that you have asserted your right to reject and that the dealer refuses to comply, then you have pretty well 100% chance of winning. However, you are not exploiting this because you have not raised this in your particulars of claim. Strictly speaking you should amend the claim and then the dealer should have a further right to put in a defence. Of course I may have missed it in your nine page particulars of claim so please will you confirm that you did not raise the issue of rejection in your claim form.
    • Thanks - I got this off ABTA website   If there are significant changes to the main characteristics of the holiday that mean a significant change to the holiday as whole you are entitled to an offer of an alternative holiday, or a refund of your holiday cost. ABTA cannot determine what is and isn’t a significant change to your particular package holiday, however a general overview of what might be a significant change is below:   a change of resort;  a change of accommodation to that of a lower category and/or price;  a change of flight time or delay of flight of more than 12 hours (in respect of a 14-day duration.  A change of flight time less than 12 hours may still be regarded as a significant change in respect of a lesser duration) or involving a reduction in time spent at the resort which is significant in relation to the length of the holiday;  a change of airport that's inconvenient to you.  If the holiday or trip can’t actually be provided due to closures and limitations, then you have a right to a refund.   On Jet 2 T & C's it does say a change of accommodation is a minor change,   however,  I think that is subjective as what is minor to one person is possible significant to another and to me it is significant that the hotel is closed.   They have not even said what they would offer me so I agree I don't think we should pay any balance until this is at least discussed.   There are only 2 other hotels in Punta Prima which offer all inclusive and both get poorer reviews that the one we booked.   I know this won't make a difference to Jet2, however one of them is also 1.5km from the beach! Our booked accommodation was actually on the beach.   I am so frustrated with Jet 2 and unsure where to turn now.
    • Well you need to show some financial reason for the temp lapse in reasoning..   And it would help to mention and send proof that since the event in January...you have used and purchased your own passes regularly so have learnt from your mistake   I would get this in today Time is tight to court case
    • Hi    Thanks for your comments    Here is my 1st letter of rejection sent by RD and amended Def response    Hope this is a bit better now Redact 1st Letter to DF Autos complain about VW polo.doc Defendant Response.doc
    • You should certainly pointed out to them as quickly as possible. Do in writing. However, you will need to assess the cost of the damage – the repair –. I don't know anything about this vehicle – is a new vehicle? Although the damage might be unsightly, is it very important to you to get it repaired? Or would simply a financial compensation satisfy you?  
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More hours, less pay!

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Hi there,


I have a complex scenario that I'd love to have your opinions on.


I work for an airline - lets call it Cowboy Airlines - as cabin crew. I hold a permanent contract of employment and have been employed by them for a number of years.


My pay works as follows:


Basic pay: in the region of £12000 per annum.

Commission: 10% of onboard sales divided between the crew working on that flight. For example, if we sell £1000 worth of goods, we receive £20-25 depending on the number of crew. Total works out at anywhere between £100 and £300 per month, sometimes more.

Nightstop pay: A set amount per night spent away from home. Not very frequent.

Finally, the problem. Flight pay.


I am paid for each individual flight I work on. For example, from A to B then back to A counts as two flights. A-B-A-C-A counts as four. I am paid according to the following schedule:


Flights less than 400 nautical miles - short - 0.8 of nominal rate.

Flights between 400-1000 nautical miles - medium - 1.2 of nominal rate.

Flights over 1000 nautical miles - long - 1.5 of nominal rate.


When I joined Cowboy Airlines, the longest flight we did was to a Greek destination. It usually worked out at about 3-3.5 hours each way, and I would be paid 3.0 times the nominal pay rate - roughly £45.


However, Cowboy Airlines took over Pointy Rock Airlines a year ago, and we began flying to destinations that are further away.


For example, we now fly to an Egyptian destination (there and back in one day. Flight time of 5-5.5 hours each way, total time "at work" upwards of 13 hours.) As this falls into the long pay band, I receive 3.0 times the nominal rate, again roughly £45. However, I have worked for about three hours longer than if I had gone to the aforementioned Greek destination.


To make matters worse, because I was one of only a few trained on Pointy Rock Airlines aircraft, I seem to only fly the longer routes that these aircraft fly. My colleagues, mainly, continue with a roster similar to mine before I was seconded.


One of my colleagues may be rostered to fly, in one day, UK-Southern France-UK-Italy-UK, about a 12 hour day. This counts as four medium sectors, therefore pays 4.8 times the nominal pay rate - roughly £71. However, I end up flying to Egypt, spending an hour or two longer at work (and remember, we are not paid for extra time incurred by delays) and I get paid almost £30 less.


Or, similarly, one might fly UK-Holland-UK-Holland-UK, be home in less than 9 hours, and be paid four short sectors - roughly £47. Again, a few pounds more for four hours less work.


Cowboy Airlines says it's ok because I earn more commission on my Egypt flight. This is not always the case, and even if it was, I have to work very hard to earn that commission. Commission is my reward for selling items onboard, not for flying.


I really don't know what to do. My union is useless and I'm fed up of having to work on these long flights and get paid less than my colleagues who get home long before me. Technically speaking, Cowboy Airlines *is* paying me according to my contract, as a long sector is "anything over 1000 nautical miles", so I don't know legally where I stand.


Any advice appreciated and please let me know if you'd like more information.



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