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    • Sorry to hear about your problem, it's horrible when people take advantage like that.   I don't want to add to your woes, but road tax is not transferrable to a new owner so when he said 'road tax is paid so I have not to worry', he was wrong. See here:   https://www.gov.uk/sold-bought-vehicle   The last thing you need right now is another problem, so I'd either take the car off the road and make a SORN declaration or tax it as soon as possible. If you are planning on making life difficult for the seller then don't be surprised if he reports you for no tax!   I hope it all works out for you.
    • I recently purchased some wheels on eBay which were located at the other end of the country. The seller was happy for me to arrange a courier to collect them and I paid him for them.   I put a request for some quotes on Shiply and accepted one from a company with plenty of positive feedback, who claimed to be insured and would only take payment once the item was delivered. I paid a deposit of £8 immediately via PayPal.   Shortly after this, I recieved a message from the courier saying that because of Coronavirus they were no longer accepting payment at the door on delivery and would instead require payment by bank transfer two days before delivery. I paid the remaining fee of £44 as requested.   The day before delivery, I get a message from the seller say that he thinks the courier has collected the wrong items. I contact them immediately, and yes, they have collected the wrong items. They tell me that the seller was not present when they collected but had left a message at his works reception directing them to collect those items (the wrong ones). After I point out that they are wrong, they stop texting back.   I then get a message from the seller asking for my phone number so that we can figure out what to do. I send it, but have heard nothing from him since.   Today, while I was out, the courier has delivered the wrong items to my house an hour earlier than expected and my son has accepted them.   So, I wonder how to sort this out...   No doubt the courier will argue that they have done as directed and are not to blame. The seller will argue that he did not leave such a message/the courier misunderstood and he is not to blame either. So I get the sinking feeling that I will end up having to foot the bill for the wrong items to be returned AND the right ones to be delivered - only tripling the delivery cost!   Any suggestions??
    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
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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...

Hi yellowplum, a few questions here

 

  • When was your cancellation notified to you, under or over 2 weeks before the flight? If under you can claim for EC261 comp, but it will likely be over because LH know what they are doing.
  • Did they not offer any alternative flights? Only a flat out refund? Might help if you paste the correspondence you received from LH.
  • How much did you pay in total and how much was offered back?

 

 

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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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Right, well you are lucky. They cancelled your flight on the 25th May and your flight was on the 3rd of June, this means that you are covered by EC261 as your flight was cancelled with less than 2 weeks notice.

 

Your flights is 2020 miles so it qualifies for medium haul flight. Therefore Lufhtanse owes you 800 EUROS!

http://www.gcmap.com/mapui?P=LCA-LCY

 

You will need to claim compensation directly from Lufthansa citing the articles that they are violating. Your claim will then be bulletproof:

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261

I'm highliting the relevant bits in RED.

 

Article 5

Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or   [Kyosanto: From your email it looks like you were NOT offered re-routing, thus the airline violated article 5.1.c.ii]

(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. [Kyosanto: LH might try and pull this card BUT DO NOT LET THEM, as the corona pandemic was known WELL PRIOR to June 2020 and they had ample time to provide you with alternatives, which they did not] 

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

 

 

Article 7

Right to compensation

1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b).

In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometres or less; or

(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

(c) by four hours, in respect of all flights not falling under (a) or (b),

the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.  [Use my link above]

 

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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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Hey, this is an EC261 claim, so you go to the airline directly and you have to state that in according to article 5 and 7 you are claiming for 400 euros per passengers. No need to go through anyone else. This won't be Amex because it's not a refund on your unused ticket, it's a compensation that you are due from the airline.

 

However I believe you MIGHT be entitled to both the 253 euro refund AND the 800 euro compensation. Those are 2 separate processes from each other so I would pursue each of them separately. You can tell Lufthansa that you accept the refund but also are making an EC261 claim for the cancellation.

 

Regarding the refund itself I believe that the 253 euro calculation from LH is actually correct. Your away flight is in booking class H, which is a high paying tier of economy. Where as your return is in class K which is deep discount.

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Ok I will give it a go with Lufthansa on what you suggest.  Just one question here, if they don't response/decline what is the course of action to further the complaint and claim for the compensation?

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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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