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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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£1000 of damage caused to power wheelchair on Easyjet flight in DECEMBER - CLAIM STILL UNSETTLED


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Hey folks - i wonder if anyone out there can help or advise me....

 

On December 18th last year i was travelling from Sharm El Sheikh in Egypt to Manchester on an EASYJET flight with my electric wheelchair

 

Before being loaded into the plane the seat of the wheelchair had to be removed (in the ambilift) to fold the backrest down. The seat, it seems was left behind in Sharm El Sheikh. Replacement cost was around £400 and Easyjet settled within around 3 days.

 

HOWEVER it seems that due to an oversight or misunderstanding between ground staff or baggage handlers, when the chair (now minus seat) was removed from the aircraft it was left on the tarmac, in freezing rain for almost two hours. When it was finally returned to the baggage area its LED lights (value approx £750)were hanging by their cables around the chair and damage had been done to a plastic cable protection structure behind the seat . It was very clear that handlers had picked the chair (175kg) up by the rubberised lights, and then in all likelihood pulled the chair backwards by the plastic cable protection structure.

 

The damage was reported at the time and airport staff took numerous photos 

 

However now TWO MONTHS LATER..... whilst they HAVE acknowledged liability I have not received payment for damaged items

I have sent emails, made repeated phone calls, been frequently promised calls back..... even been told that the payment would be back in my bank in 3-7 working days and NOTHING. Now Customer Service say its the responsibility of Special Assistance and they say that there is no way to contact anyone in Claims Dept other than by email which could take 7-14 days and i should JUST WAIT

 

I am getting desperate i simply cannot afford to make the repairs from my own funds and cannot use the wheelchair without them being done

 

Can someone please help?????

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Hi, first thing is you should stop calling them (or believe a promise of a callback) and do all your dealings in writing. Being given an email is not a bad thing at all, in fact it's a blessing! I suggest you write immediately and CC yourself so you keep a copy of the email.

 

Now I am a bit familiar with damaged luggage - which you need to fill a claim form with the airline with within 7 days - but I don't really know what happens to wheelchairs, sorry... If they are considered normal luggage there might be a maximum the airline won't go over... somewhere around USD1500 i think?! just be aware.

 

Anyway have you actually filled some form of a formal claim with the airline in writing and more importantly do you have the receipt + reference number?

 

Have you got a quote for the cost of your repairs done? I suggest you just send them a fairly dry email that says something like "You damaged my chair on X day, I have shown you all evidence. You will need to pay this quote in full by 14 days or I will be initiating legal proceedings to recover the full cost and damages + interest as I am currently unable to use this wheelchair" or similar.

 

Oh yeah do you have a travel insurance? They'd probably insist you get paid by Easy Jet, but they might be able to assist.

 

Once you start doing all your dealings in writing with them as one should, and decide to take them to SCC, someone will be here to advise how to write a letter of claim etc...

 

 

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