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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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EasyJet won’t refund for cancelled flight


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My friend booked ten flights with easyJet from Newcastle. About a week later easyJet announced they are no longer doing flights from Newcastle, and we could be refunded or change to a different flight. 

The best option for the majority (8/10) was a flight from Glasgow. However 2 of us want a refund as the times/extra travel etc are unsuitable. 

EasyJet have said because it was one booking, it’s all or nothing and because the other 8 are having a new flight, the two of us not going can’t get a refund.

In my mind, they sold us something that they must have known at the time wasn’t actually going to be available, and now the alternative isn’t suitable so they should refund x2 tickets. 

They are saying not. 

Any suggestions, please?

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To my mind this is a severable contract which means that it is a contract in which it is very easy to distinguish discrete parts and therefore to divide or apportion each part without affecting the rest.

If this was a contract to repair a motorcar, for instance, it would probably be non-severable because it will be very difficult to say that replacing the spark plugs was one contract and replacing the turbo unit was another contract. You wouldn't be able to separate out the parts.

So to my mind this is a severable contract and furthermore although the booking contract was made by one of you, each one of the 10 of you enjoys their own direct rights of action under the Contracts (Rights of Third Parties) Act 1999 because each one of you is clearly intended to be a beneficiary under the contract.

On that basis I think rather than muck around, the best thing to do is to challenge easyJet directly and to demand your refund in a letter of claim.

Each of you could do this separately – or if you wanted, you could decide that just one of you would do it and then see how it pans out and on the basis that they will probably put their hands up – the second one of you will then come along and say "well you see what we did last time… we'are going to do it again" and unless they are very stupid, they will pay you out the second time as well rather than make a fuss.

The benefit of this approach is that if you happen to lose – which is most unlikely – then you will know that it's not worth trying a second time and you can split the costs of the action between you – which wouldn't be very much.

If this interests you then let us know and we will help you. It might be fun and you will certainly get some transferable skills so you will feel confident about suing anybody else who gets in your way.

 

How much are we talking about here?

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There's also the option to go for the full refund and have your 8 friends re-purchase a ticket from Glasgow.

 

I know it feels bad to cave in, but this would save you the hassle of having to fight.

 

How much would you be at a loss for if you did that?

 

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Hi 

 

I would be interested in doing the claim, I can’t see how it works though or what it costs as it didn’t load properly. I’ll try again later on a different device. 

 

the flight was approx £120 each.

 

the  other people have rebooked theirs already so no option to cancel the whole thing and then rebook. When I looked it would have been about £14 a head more than the original price had they done that. I’m annoyed at losing my money but I also don’t see it would be fair for x8 people to have to pay out more, just because the new flight is no good to me and one other. However, if they had done that the extra could have been divided between the two of us and only cost £56 each, which would have been preferable to losing £ 120 each, but it seems no one considered that option. 


thank you for your help so far 

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Okay, will be pleased to help you, of course.
You certainly will need to understand how it works but it's not terribly complicated. Start off by reading through this forum about the steps involved in taking a small claim in the County Court. There's lots of information if you follow the small claims link and the County Court link.

It's fairly straightforward but it is worth knowing the steps in advance so that you aren't fazed by anything and you have confidence. Also, check out the County Court website – moneyclaim online and register an account there and understand your way round. That's not very difficult either.

In terms of claiming third party rights under the 1999 act – that is straightforward. It's pretty well transparent because you will simply be acting as somebody who has suffered a breach of contract and you want your money back plus interest.

The steps to bringing a County Court action include beginning with the letter of claim – which is basically a threat that you will bring an action within 14 days if they don't give you your money. Don't imagine that letter of claim are suddenly going to frighten them into paying up. So that means when you issue the letter of claim, you must be prepared to go ahead and carry out your threat. Otherwise it's not worth your time and you lose credibility.

Have a read around and tell us when you're ready and we'll go from there

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