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    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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Whizzair Cancelled Flight


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At 1400hrs on the 28th of February 2023, Whizzair cancelled the flight from Luton to Egypt and rescheduled the flight for 815hrs on the 1st of March 2023.

 

They cancelled two flights simultaneously that afternoon which caused chaos at the desks with over 300 hundred passengers needing help.

 

My partner and I made our own arrangements to stay at the adjacent hotel also paying for meals, refreshments, and taxis,

can we claim out-of-pocket expenses?

 

I've been on the Whizzair website to start the claim but am petrified I might mess it up, again any advice would be great.

 

In the past, I've used Claim Solicitors to get compensation but they fleece me for half the money for just sending out letters

I'd like to try to do it myself with the advice and help from CAG.

 

 

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Looking through all that was sent to me the answers No, did not give an excuse.

I've attached everything that was sent to me.

 

The offer of accommodation was not refused because if you don't respond in time you lose that offer and have to wait for another, which is fair enough as there was people in more need than me.

 

Whizzair pt001.pdf

Edited by webbscatering
removed personal info in attachment

 

 

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My partner and I made our own arrangements to stay at the adjacent hotel also paying for meals, refreshments, and taxis, so can we claim out-of-pocket expenses?

 

Yes, you can claim expenses regardless of what the reason for the delay was. (EC261 Art. 9)  Normal airlines would be happy that you made your own arrangements instead of taking up their hotel vouchers (because of the high number of people usually involved in those cases, less work for them), as long as the expenses are reasonable. We will have to see here if Wizz acts normally, or try to argue that they offered you something that you did not take. Also I see that they didn't offer you any transportation so the taxis are definitely on them.

 

If you have any evidence that the offer was no longer available to you at the time you made your hotel booking than you have a rock solid case. (for future information) it is good practice to email the airline immediately with something like "As there is currently no hotel offer available to me I will be making my own arrangement and claim from you later".

 

Separately from your expense claim you should also submit an EC261 claim for 400 Euros per passengers. This is the one where they have the right to invoke excuses to get out of paying, but it won't affect your expenses claim. The burden is on them to explain why they shouldn't pay. You should be able to fill it in directly with the airline as well.

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great advice Kyosanto.

also, I've spoken to the Insurance company just to make them aware of the situation and they've logged it down and await the outcome of the compo claim with Whizz

 

 

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Filling out the compo claim form and one question asks did I book through a third-party travel agency?

I booked through Love Holidays but I read on CAG that they deny being a travel agency, should I say yes or no?

also, claiming for my partner but it's asking to upload a power of attorney, is this because I'm claiming for her as she is just a companion and not my wife?

Would it be best to do a separate claim for her instead of a joint one?

Edited by webbscatering

 

 

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Love Holidays is still a travel agency albeit a non ATOL protected one. Refunds normally go through the agency (good luck with that) however as this is not a refund but a claim they really should pay you directly. Better say yes than lying anyhow since they will know already where the ticket is from once they look it up.

 

I'm not really sure why they're asking for a power of attorney if you were on the same ticket, but if can get them a signed letter from your partner it's probably easier to deal with it as a single claim than separately.

 

Finally don't worry about "messing it up", there is nothing to mess up from this point, just send them your expense claim - no need for a fancy letter, just the flight you were on, the ticket number and all your receipts - and get that paid in. You can then file your EC261 separately (and prepare for possible rejection on the latter, but for 800 euros it's certainly worth pursuing for a while).

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Quick update:-

Welfare Reimbursement has been received by Wizz Air

Power of Attorney has been drawn up using a free service by rocketlawyer.com, this was the simplest PoA one I found and the only problem is you have to sign up for a free one week trial but can cancel after you've drawn up the contract.

Soon as the partner has got it signed off by a witness we'll start the claim process.

 

 

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Thanks for the update.

 

I'm sorry i may have been wrong about love holidays. According to the old thread they are just a broker and your contract is directly with the airline... but according to their own website some of their products are now ATOL protected, so who knows really what they are. 🥴

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At the moment I'm quite impressed with the way Wizz is dealing with this claim and received this today and needless to say we're going for the cash.

Still waiting for a response to the out-of-pocket expenses!

 

Dear Customer,

Thank you for contacting Wizz Air Customer Service Department.

 

The delay of the flight W9-5127 on 28 February 2023 on the LTN-HRG route was not caused by extraordinary circumstances and therefore, in accordance with Regulation (EC) No 261/2004 of the European Parliament and of the Council, you are entitled to compensation of 550 GBP for each passenger. 

We would like to inform you that we can offer you two options to perform paying the compensation: 

1) Payment to WIZZ account: we will credit an additional 20%, which in this case corresponds to a WIZZ credit amount of 1,320 GBP.

The amount will be available to the account holder immediately after it has been uploaded, with a one-year time limit. The balance on the WIZZ account may be used to book and pay for tickets and to purchase additional services to an existing booking. 

or, 

2) We can offer the compensation amount of 1100 GBP by bank transfer. In case you chose this option, please specify the following details in your reply: 

 

 

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Well done, and lucky! Not only your flight was long enough to go into the long haul compensation bracket, they're also giving you £550 whilst the british version of the law only suggests £520.

 

It's good to finally see a good story about Wizz (after they were voted worst airline in the UK last year!)

 

Have they accepted to pay your hotel expenses as well?

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  • 1 month later...

No news to report apart from they are dragging their heels on making the actual payment, I've tried chatting to some muppet on the chat but got nowhere.

Attached are the confirmation emails about the payments.

Tried calling customer services on 0905 707 0000 but the line goes dead.

Tried asking the Chat Muppet for a contact email but said didn't have one.

How do I contact Wizz to see the status of my claim?

 

wizz air m janes-1 edited.pdf wizz air k webb-2 edited.pdf live chat 12-05-2023.pdf

 

 

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  • 1 month later...

So this has been a nightmare!

Messaged everyone at Wizzair and got a response on 31st May informing me one payment was made via a Claim firm Airhelp, why did this happen? this is a story for another day!

1st June Wizzair asked for the Bank details and power of attorney again? So still waiting for for compensation for passenger #2, this claim was not done through Airhelp.

Still waiting for out of pocket expenses to be paid.

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  • 2 months later...

What is a reasonable time to wait before I commence court proceedings, It will be six months and still waiting for them to settle the compensation and reimbursement claim.

The claim status has been like this for months, I just want this closed off as it has been running on for too long

thanks

 

Wizz.pdf

 

 

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Hey, so the reasonable time is actually 7 days 😅  

 

There was this heartwarming story on the forum a while back:

 

Before you get to the baillifs to seize an airplane though, I think a formal letter of claim will go a long way.

Btw are you not able to do a chargeback/s75 on the actual ticket?

Also you have got their confirmation in writing that they will reimburse you right?

 

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  • 1 month later...

HI Kyosanto,

I'm still missing one payment from Wizzair for my partner and received an email stating they've paid out to a claims company but we did not authorise anyone to represent her.

I've emailed Airhelp to see what was going on and received an email stating they had no dealings with my partner's claim!

I'm at a loss as to what I should do, any ideas greatly appreciated

thanks

Webbs

Wizzair and Airhelp Compensation Claim.pdf

 

 

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