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MCOL default judgement against travel agent - what next?


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Hi all,

Hope someone can assist me as I feel a bit out of my depth.

 

Sorry for a long post in advance, it's probably best to set the scene as full as possible.

We purchased 2 flights to Canada and returning to the UK from San Diego, the flights were with American Airlines (operated by BA) but importantly, booked through a travel agent budgetAir.co.uk on 9th January 2020.

 

BudgetAir’s first failure was to inform us that part of the flight was cancelled but after we discovered this from the airline and drew it to their attention, there were no suitable alternatives available so they agreed to refund the cost on 20th August.

 

EU law says they have to refund me within 7 days of a cancellation but obviously with the pandemic and they having to get the money back from the airline it’s reasonable to wait longer. The problem here is they keep telling me to be patient but American Airlines keep telling me that nobody has asked for a refund yet. Just for clarification I keep asking American Airlines as other people in a group I belong to have been waiting since February/March with no refunds.

 

On 26th September I sent BudgetAir a “notice before action” giving them 7 days to either refund me or for us to agree a mutually agreeable future date for a refund.

On 5th October I started a MCOL which was issued the following day on 6th October.

On 26th October I requested a default judgement which was issued today 18th October.

 

Two things concern me:

1, BudgetAir are a part of Travix International B.V in Amsterdam, BudgetAir are not listed as a Limited company in the UK, BudgetAir.co.uk is a trading name of Travix International B.V they use in the United Kingdom. This is the only UK address they provide anywhere on their documentation, this also explains a little more of the company structure:

https://www.budgetair.co.uk/about

I’m concerned I have used the right company name on the MCOL but it’s the only name they trade with I the UK.

 

2, My second concern is the address, I believe the London address may be no more than a postal address and will not give high court bailiffs any ability to recover goods.

With the above thoughts, I don’t know how to proceed now I have got a judgement, assuming they don’t pay. My only option could be a 'third-party debt order' but I don’t know how to get any bank details, I paid my credit card and have no information (nor can I find online) about their banks.

 

Any thoughts would be gratefully received, Many thanks Anthony.

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11 minutes ago, FruitSalad1010 said:

Have you called the credit card company and tried to initiate a charge back?

 

I have a section 75 I started on the same day as the MCOL.

You might think it strange to do both but I have zero faith in my bank, Santander take 3 months to process a S75 and so far rejected two other claims due to a force majeure clause, something the EU and UK government have said the pandemic is not. Both these claims are now with the FOS but the ombudsman's is currently working to a 4 month delay.

 

I really take another case taking 7 months to conclude, it's soul destroying.

Edited by kudos1uk
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Read up on European Enforcement Orders and whether these can still be used in Brexit transition.

 

As you have come to realise buying online with a co.uk company can be risky, if they are foreign, with only a care of registered address in the UK.

 

 

We could do with some help from you.

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I will research this now, what is the chance of using a 'third-party debt order' when I don't know their bank details, is there a way to get these details, they only appear to deal in credit/debit cards?

 

I have certainly learnt a lesson during this period, I will never use a travel agent again for anything except package holidays.

 

Uncle,

Thank you, It looks like the EEO will be my best option if I can't use a third-party debt order.

The EEO is still OK until Brexit is finalised (after that is unknown) but as long as I start it before year end I believe I am fine as anything started can conclude.

 

This brings me back to my previous question though, my judgment is against budgetair.co.uk but their parent company in Amsterdam is Travix International B.V

 

I believe the cost is only the cost of a writ at £66 but would the EEO be issued against Budgetair.co.uk and therefore not enforceable against Travix International B.V? 

Or will I get the option to update the defendant as: "Travix International B.V (trading in the UK as BudgetAir.co.uk)"

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Thank you for that, this is an area I have been really worried about and appears a minefield with the names a company uses. I have a legal advice line I called who said I probably should not worry and if I named who I purchased from and the name that appears on all correspondence I should be OK and one to use regardless of other names they use.

 

I have discovered the office might be more than a PO box and a friend is scouting it out for me:

Fourth Floor, 8 Brewhouse Yard, London, EC1V 4DG

 

download.jpg.758ec7f5f497e5b3dc43772c55a79131.jpg

 

I looked on the business's listed in the building and they have Travix Travel Uk Ltd

That name however does not appear anywhere on my documentation, I know their parent company is Travix International B.V in Amsterdam.

 

Now, I have searched Travix Travel Uk Ltd and a company search shows the same CEO: MANGELAARS, Johannes Jacobus

https://find-and-update.company-information.service.gov.uk/company/07349865

 

It's looking much more likely I can enforce a high court writ at these offices and I should know more after my friend scouts it out.


The name is still a worry of me, I don't want the bailiffs sent packing as they have "budgetair" on their paperwork but equally I'm being told to use the name of the company on my paperwork.

 

Budgetair give this:

Our postal address is:
BudgetAir.co.uk
4th Floor, 8 Brewhouse Yard,
156-176 St John Street,

London EC1V 4DG

 

But I belive the address at the bulding is:

Travix Travel Uk Ltd

Fourth Floor,

8 Brewhouse Yard,

London,

EC1V 4DG

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