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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ryanair paid out but flydeals won't? **SORTED**


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When I got caught up in the flight chaos at Stansted due to terror threats, on the 10th August this year it was an awful experience.

 

Our family holiday was cancelled as numerous flights were axed in an attempt to cope with extra restrictions on hand baggage etc.

 

I was told at the Ryanair desk that the best they could offer was a flight 72 hours later (possibly) but their advice was to 'go home'.

The alternative flight was clearly unacceptable as we were only going for a week.

 

I had booked the flights (total £845) through the net at flydeals.co.uk and when I got home from Stansted I rang them and explained the situation.

They said they were waiting for a response from Ryanair.

 

To the great credit of Ryanair they publicly announced that they were reimbursing all those whose flights were cancelled by the terror alerts.

This was a relief as I knew that they could have used the 'circumstances out of their control' card.

 

Further calls to flydeals confirmed that Ryanair had indeed reimbursed them with my cancelled flight monies.

 

Here's where the story starts......they (flydeals) have given me the runaround for over a month and have not paid me the money Ryanair have paid them.

I have been given several reassurances that they will pay (usually in so many days) but all their deadlines have come and gone and it is clear they intend to prolong payment for as long as they can.

 

I wouldn't have thought Ryanair would be very pleased that this company are tarnishing their magnanimous gesture.

 

Small claims court or ??

Thanks in advance

Sean

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Hi Sean,

 

Firstly, I am sorry for all the mess you have found yourself in the middle of, through no fault of your own.

 

Have you spoken to a senior member of staff at Flydeals? Normally the people manning the phones do not have authority to action a refund (by this I mean the system requires some-one of some authority to do it). It sounds to me like you have spoken to a general clerk and they have said they will get this actioned for you, but then as soon as you have put the phone down, you have gone completely out of their heads, for all their intentions maybe well be good, they should follow through what they have promised you.

 

I would call back, and before you go into too much detail, request a manager. Speak to this person and expl that you have tried upmteen times to get this refund, but as of yet, nothing has been done about it, can they make sure its done by end of play today sort of thing. Take their name and a direct telephone number so you can go directly back to them if the money is not their by the promised time! Also, ask the question as to whether they have recvd the funds back from Ryanair, as this might be whats holding things up.

 

Good luck, if I can help any more, please give me a shout!

 

Heidi

I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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Thanks for the good commonsense reply Heidi1.:)

 

There is a tendency to envelope oneself in a red mist when repeating the same query to a different person each time on the end of a phone.

 

Bearing your advice in mind I managed to get hold of a person in the accounts department who promised me faithfully (yet again) to refund the money.

They again took my card details (the third person there to do so) and promised to refund in five working days (like everyone else has).

 

The person wouldn't give me their surname or their direct dial number but insisted they were the only one in the office called ***** should I need to speak to them again.

 

So basically I am back where I started and if their current form is anything to go by, the five day deadline will come and go with no refund forthcoming.

 

Let's suppose the money is not paid as they have said.....what is the best course of action?

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I'm sorry if my reply was patronising, I didn't mean it to be :oops:

 

Some clerks dont like to give out their surname and unfortunately aren't at liberty to do so (think they blame Security, waffle if you ask me, my full name is on my business cards!! :D ) They may not have a direct number also, but if you have a direct line to that dept. then that should be good enough.

 

When the deadline has passed and you have no funds in your account, I think your next course of action should be a stern letter to the head of account requesting that your request be actioned in xxx amount of days, and if it isn't, then you shall seek legal advice. That will put the wind up them a little and hopefully get a rocket up someones backside and get something done.

 

Could this person explain to you why it hadn't been done previously?? and why 5 working days?? When I refund, if I know the funds are there, I can do it immediatley and it arrives in the customers bank account the following day depending on the type of account! These are questions I would like answering if it were me!

 

Good luck and keep us posted!

 

Heidi

I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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Heidi1, again thanks for your advice. I appreciate it sincerely and didn't find it remotely patronising.

 

Like I said,sometimes when the red mist descends commonsense goes out of the window and a realistic,informed perspective is just what is needed.

 

The accounts clerk couldn't give me a reason why the refund hadn't been done previously when I asked and tbh I didn't query the timescale of it, though I wondered why it couldn't have gone onto my card the next day?

 

If (as I suspect) there are no funds credited to my account by the deadline I will ring and ask to speak to **** again,ask why not and request the name of the accounts manager to write to.

 

I will let you know the outcome on Thursday hopefully.

Once again thanks for your support.:)

 

Sean

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May be Im a tad more agressive but if you have been told numerous times that this money will be returned to me, I would send the stern letter off now saying I have repeatedly phoned and been promised my money. My last call was to XXXXX who refused to give me their surname. If my refund is not in my account by XX/9/06 I will have no alternative but to issue a claim in the County Court.

 

You do seem to be getting the runaround and I think that this will speed things up.

 

A debit/credit card refund will take 2-7 days to process (IE hit your bank account) depending on who you bank with

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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I'm with Isiris on this, I'm afraid.

 

Terror alert: August 10th.

Today: September 14th.

 

Someone is taking the proverbial here.

 

You have given them more than enough chances to sort it out. And Isiris is exactly right in her approach. For good measures, I suggest you add that you are copying Ryanair on this, and hope they are prepared to explain to them why and how they are alienating a good customer.

 

Write tomorrow, give them 7 days from there, then sue. Once you issue claim, you'll be able to claim 8% APR. Nowhere near what the average credit card interest is adding on while the money stays unrefunded, but better than nothing.

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I'm with Isiris on this, I'm afraid.QUOTE]

 

Why are you afraid, I am right now and again.

 

And Isiris is exactly right in her approach.QUOTE] Now Ive changed sex. What a day Im having ;)

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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I was being tactful to Heidi! (I can SO be tactful now and then!!!!) :-D

 

And if you insist on having a nick that hovers between the female Isis and the male Osiris, you only have to blame yourself for the confusion. :-D

 

(Anyway, it was meant as a compliment. :-D)

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I was being tactful to Heidi! (I can SO be tactful now and then!!!!) :-D

 

And if you insist on having a nick that hovers between the female Isis and the male Osiris, you only have to blame yourself for the confusion. :-D

 

(Anyway, it was meant as a compliment. :-D)

 

LOL - on the net, I generally stick to 'hir' even if the gender's blatently obvious - it saves confusion all 'round :)

-----

Click the scales if I've been useful! :)

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Well done you!!

 

Sorry guys, but I can be right too!! (No need to be tactful on my account, though it is appreciated)

 

From my experience in the industry (and I have quite alot of it) it doesn't work getting peoples back up from the offset. Try be nice about it at first, if that doesn't work, then go in all guns ablazing!! You are far more likely to get some where from being reasonable rather than threatening to sue everyone left right and centre. Like I said, if that doesn't work, then yes they do need a kick up the wotsit!

 

Sean, really pleased for you. And fair play to Ryanair too, its not often a low cost airline is so generous, like you said they could have played the "force majeure" card. I know it doesn't nearly compensate for a ruined holiday, but at least you got it back and maybe now you can enjoy your money!

 

Heidi x

I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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