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    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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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.
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Ryanair Not Paying In Full For Lost Luggage


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My son went to Dublin for a couple of nights with a group of friends first week of December 2018.

Ryanair lost his luggage although we believe it was stolen.

His luggage was full of designer (genuinely) and fortunately he had most of the receipts as quite a lot of his clothes had recently been purchased for his trip.

 

His local airport confirmed his luggage had been loaded onto the flight but Ryanair have confirmed they have been unable to locate it.

His luggage also contained some medication that he takes.

I am convinced it had been stolen so we instigated the claim.

 

Ryanair asked that we submit and eventually have offered just under £400 yet the claim was in excess of £800.

They state they make an allowance for depreciation yet most of the gear was bought a few days prior to the trip.

He also had to purchase new clothes, toiletries etc as soon as he arrived so the first couple of hours was spent replacing his gear.

 

Ryanair didnt offer him anything at the time of the loss to pay for essentials nor have they made any allowances for 3 items without receipts, suitcase, medication and the stress and inconvenience of having to replace everything and I am appalled at their derisory offer.

 

They really are the aviation [removed] of the world.

 

Any advice and guidance would be appreciated

Edited by dx100uk
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forget the sympathy vote for the medication...

 

briefly tell them that the items were newly purchased specifically for the trip and that, to replace the items upon discovering they were irretrievably lost , also cost xyz.

 

give them 14 days to meet your full required sum or a letter of claim giving 14 days before a court claim will be issued without any further notice will be sent.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not after a sympathy vote dx100uk purely stating what was in his luggage. My son takes prescribed daily medication which impacts on him if he doesnt take it. He tried to get emergency meds but was refused.

Anyway, back to the claim, I will do as you suggest dx100uk. I understand any reclaim shortfall can be claimed via his bank insurance.

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forget the sympathy vote for the medication...

 

briefly tell them that the items were newly purchased specifically for the trip and that, to replace the items upon discovering they were irretrievably lost , also cost xyz.

 

give them 14 days to meet your full required sum or a letter of claim giving 14 days before a court claim will be issued without any further notice will be sent.

 

A bit tactless even for you dx.

 

H

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Sadly that's the only way to make Ryanair listen. They think they're above the law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Further to my previous email, I have been reading up on the Montreal Convention in relation to lost Baggage

 

The Montreal Convention requires airlines to treat a bag as lost after twenty-one days. In assessing your claim, an airline may well ask for a list of the items that were in the missing bag, and possibly for original receipts. In doing this, they are behaving like insurance companies. And, like insurers, their offer of compensation will be unlikely to match a claim in full. In particular, they will probably reduce the payment because of depreciation. You may find you can get a better settlement from your travel (or home contents) insurance even after allowing for any excess on the policy. If you claim on an insurance policy, it is likely that your insurer will re-claim the money from your airline or its insurer.

 

Any thoughts please

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Ryanair have stated that they are to make payment within 10 days then as far as they are concerned the matter is over. Do I wait until they make payment then advise them that I am pursuing them through the small claims court for the shortfall. Any guidance please as the 10 days are up on wednesday

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DOesnt matter if its the end as far as they are concerned. They dont make or dictate the terms.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Not sure about that. I think you have to agree in advance that if they send it., then its part settlement. But others may have different opinions.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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How have they paid? If by cheque you simply do not bank it, if by bank transfer you state that you have received the part payment but will be pursuing the balance. They cant claim the money was accepted as a full and final if you had no say in the acceptance of the amount. That is determined by case law going back over 150 years

Edited by Andyorch
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Cheers ericsbrother. They asked for bank details so would presume they bank transfer it. If they were to send a cheque would you not suggest banking it and informing them of partial settlement. I told them that their offer was unacceptable to which they responded that their offer was final. I didnt reply until I received guidance from CAG. As I mentioned in previous post, I understand you can claim on Insurance however feel very strongly against Ryanair and the companys negligence. I

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