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    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.     
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
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      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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Arrived just over 27 hours later


Isiris
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Hi

 

Just looking for some advice on this one please.

 

We flew to Hong Kong stopping over in Dubai for 2 hours before connecting onwards to HK. Our flight was delayed in landing due to fog. We landed at 9.26 and our flight was due to leave at 9:55

 

When we landed, there was emirates staff fast tracking people flying to Auckland and Melbourne through the gates. Upon research today, both these flights were scheduled to leave at 10:10

 

We proceeded to the gate to find the gate closed and deserted and thought the plane had left. Upon further research, the plane took off at 11:01

 

We went to customer support and there was 8 in our party.

2 had travelled business and we were economy.

 

We were told economy was full but there was space in business but would cost us £1200 to upgrade.

This was on a flight at 7:10 that evening.

 

We said no as we were all travelling together and some couldnt afford it

we ended up all flying out on the 3:15 am flight.

This resulted in us arriving in Hong Kong, 27 hours late.

 

We also had prepaid for our hotel and missed out on 4 rooms at £180 per night for the rooms.

 

My questions are

 

1. Do we have any for of monetary claim for the late arrival

 

2. Should Emirates have out is in business class anyway, irrelevant of us having to pay as we were the first ones chasing the space.

 

3. Can we claim for the lost hotel cost that we had already incurred.

 

Many thanks

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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4 passengers together

2x2 passengers together

 

Christmas day to Dubai from Manchester EK20

 

Supposed to catch EK380

 

Ended up on EK382

 

Thanks

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 in the 4 passengers together travelling Economy

 

When we checked in at Manchester we were given both boarding passes for the Emirates flights from the Emirates desk.

 

The booking reference is the same for the whole journey though different boarding cards.

 

E-Ticket Number : ....

Ticket Issue Date: Thursday , August 17 Booking Ref: ..

Ticket Issue Agency : SOUTHALL TRAVEL Airline Ref : ///

 

Thats whats on the reference section from Southall Travel.

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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Ok, that’s good.

 

Did Emirates make a PA about connections during approach before landing in DXB?

They are usually very good at ensuring transfer pax make their connections, even when delayed.

I don’t quite understand how you could have missed the connection, but that’s an aside.

 

Did Emirates feed and water you during your extended layover in DXB?

 

The airline is claiming fog as the delay into DXB and I see that you were held in the arrival pattern for just over an hour which indicates traffic issues into DXB.

 

One of the concerns I have is that neither flight you were booked on were delayed enough to qualify for a compensation claim and I’d say your 27 hour delay is due to missing your connection and I’m not sure what to recommend in that respect until you clarify what happened prior to arrival in DXB and during transfer.

 

Have a look at the CAA guidelines...

 

https://www.caa.co.uk/Passengers/Resolving-travel-problems/Delays-cancellations/Delays/Long-haul-delays--compensation/

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Hi and thanks for your reply

 

No, no mention of what to do re connections except turn right when alighting the bus.

 

As I mentioned above, there was agents seeking passengers for Auckland and also for Melbourne,

both flights scheduled to leave 10 minutes after ours though ours actually departed over 1 hour late.

 

Yes, we were sent to a Hotel for approx 8 hours for a shower as we had no clothes as our bags were somewhere in DXB waiting to join our flight to HK

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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Again, this is very strange for Emirates.

 

They KNOW who is onboard with connections and they know what seat they are in.

 

They always make announcements about transfers and are generally good at rushing people through...

 

You state the gate was closed for your HK leg,

which would be quite normal if you arrived after normal closing time

BUT your tickets are supposedly through tickets

so Emirates would have known you were going to make it, just,

and would likely have held for you,

even if only only for a few moments.

 

Is it possible you missed announcements?

Made a wrong turn in the airport that further delayed you?

 

Based on what I see so far I don’t think you have a claim for anything, TBH.

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seems to me they made an error on transfer and are blaming airline - no doubt all on mobile phones as usual and missing calls over tannoy ? seen it so many times, try claiming bet they loose? be interesting if they do not!

:mad2::-x:jaw::sad:
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sorry, not clear from original post. unless bought as a package many flights like this are split at the time of booking so the first leg undoubtedly covered but the second leg not necessarily so.

Would still be recommending looking at waht the insurance says about missed flights as that will have a lot of leverage on the airline(s)

 

The OP booked a through ticket so EU regs do apply. The debate is whether there is a claim or not.
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Old Cogger you arrogance holds no boundaries does it.

Should have known your input would be useless when your first comment it to question routing from Manchester to Hong Kong.

 

For your information

the 2 travelling business have 2 properties in Dubai and travel there 8-10 times a year.

I travel frequently through DBX on business and have never missed a connection yet.

 

Please don't judge everyone by your own abilities and traits.

 

The only announcement that was made on the plane was for passengers to turn right on leaving the bus to make connections.

When we did they wete asking for customers to Aukland and Austrailia nothing about Hong Kong.

 

The two business class passengers are gold flyers with Emirates so are going to try first then see what they are offered then seek recompense pro rata

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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the connection is a point and how it was missed as calls over Tanoy would of been announced??

 

?? = question i.e. were any announced?

 

secondly when I was transiting Through Riyadh the onward flight to the Far East was delayed for 4-5 hours and we could see work being carried out on the 747 wing area, due to that flight starting from outside the EU no claim was allowed in respect of the delay element!

 

I travel to the Far East at least once a year many routes and calls to passengers by name quite regular occurance no matter which route I have taken!

 

In fact I am in the Far East responding here.

:mad2::-x:jaw::sad:
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