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    • If you are buying a used car – you need to read this survival guide.
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Refund for Cancelled Ticket


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I purchased a return ticket from LCA to LON in October 2019, the return date to LCA was set as June 2020. 

However Lufthansa cancelled the flight due to the pandemic. 

 

They did not allow me to partake in the voucher programme however they did issue me with correspondence stating they cancelled the flight and that I would be refunded.

 

Needless to say that I was not, so I complained and complained and was ignored.

I passed the matter to SOP the German arbitration agency that I was informed I had to complain through. 

SOP wrote back to me informing me that Lufthansa had agreed without claim that they would refund the ticket half that was unused some €265. 

 

I received a token refund of the taxes by Lufthansa but not the price of the ticket subsequently I have been ignored by SOP and Lufthansa. 

I then filed a chargeback/dispute with AMEX who took over a month and stated that Lufthansa's terms and conditions meant that they did not have to refund the ticket.  

 

However the airline cancelled the ticket.

 

I am somewhat at a loss how to proceed at this point, I was very surprised with the response from Amex over the dispute (although I haven't received the letter yet).  I have formally complained to Amex this evening.  

 

How do I enforce the arbitration award?  Can I continue to complain against Amex and ultimately the Ombudsman

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  • 2 weeks later...

Lufthansa originally offered everyone a voucher and the ability to rebook any flight anywhere pay the difference no fees to change anything.  When I phoned to do this they told me that I had used half the ticket and they didn't know what to do.  I was told that I couldn't change the ticket only stick to the same location. 

 

I was offered the choice of a full refund at the time or change the ticket. I opted for neither and left it.  It was only then that Lufthansa then subsequently emailed to state the flight had been cancelled and offered a refund. 

 

I've uploaded the ticket original confirmation and the cancellation email I received.   The original ticket was €749.56 and I was offered the half that was unused which they calculated to be €265.54.

 

 

Gmail - Booking details _ Departure_ 09 November 2019 _ LCA-LHR.pdf Gmail - Cancellation Confirmation.pdf Gmail - Conciliation procedure F 133136_20.pdf

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Thanks for the quick reply, for clarity I presume this is including and regardless of the refund to the portion of my ticket that I attempted to claim from them, it is either or scenario.

 

Also do I have to go back to SOP to claim against Lufthansa?  What do you suggest is the best course of action to take now that SOP have decreed that Lufthansa should refund me and I tried to claim from Amex but they didn't uphold the charge back for the ticket?

 

Does Covid not impact on them giving out compensation also?

Edited by yellowplum
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Thanks for the help. I'll put in a claim against them, see what happens as you suggest I doubt it will be a walk in the park. It is just another avenue, to be honest their entire attitude has been not to engage - lets see what happens - happily come back and provide updates.

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  • 2 months later...

Update - 11.12.2020

 

Lufthansa have refunded the ticket but didn't respond yet to the claim for compensation. Amex still have a complaint against them for not processing the chargeback (leaving that one to see what happens). 

 

Will come back and update if anything further happens. 

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