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    • Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract. I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why? Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?
    • Which Court have you received the claim from?  CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant?  LOWELL PORTFOLIO LTD How many defendant's joint or self?  SELF Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUMBE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM.  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  YES  Did you inform the claimant of your change of address?  NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  CREDIT CARD When did you enter into the original agreement before or after April 2007?  BEFORE   Do you recall how you entered into the agreement...On line /In branch/By post?  I DONT RECALL   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  NO   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  DEBT PURCHASER.   Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT.  Did you receive a Default Notice from the original creditor?  NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN.  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS   Why did you cease payments?  I WAS UNDER MEDICAL CARE WHICH CAUSED ME NOT TO WORK. AROUND THAT TIME LOWELL HAD WANTED ME TO INCREASE MY PAYMENTS AS IT WOULD TAKE TOO LONG TO CLEAR THE DEBT. I HAD BEEN PAYING THEM WHAT I WAS PAYING THE BANK. I EXPLAINED MY THEN HEALTH & FINANCIAL POSITION AND THAT I WAS UNABLE TO DO SO. THEY PUT A HOLD ON MY ACCOUNT FOR A FEW MONTHS SO I CANCELLED MY DIRECT DEBIT. I MADE A FULL AND FINAL OFFER WHICH WAS REJECTED. WHEN THEY WANTED PAYMENTS TO RESUME I EXPLAINED I WAS IN A WORSE FINANCIAL POSITION, STILL UNDERTAKING TREATMENT AND NOW UNEMPLOYED SO COULD NOT START PAYMENTS AS THEY WANTED. AFTER SENDING MY FINANCIAL SPREADSHEET THEY KEPT SENDING LETTERS ASKING WHAT I WAS GOING TO DO. I COULDN’T SEE A WAY FORWARD I FELT STREESSED AND UNDER PRESSURE SO WROTE THAT I WOULD NOT BE CORRESPONDING WITH THEM ANYMORE.    What was the date of your last payment? NOVEMBER / DECEMBER 2018   Was there a dispute with the original creditor that remains unresolved? NO   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.  
    • Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg    ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews.  It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust.  Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic
    • Thank you JK2054 and BankFodder for your replies. The information requested is as follows:   My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know.  
    • Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter.  There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb.  I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible.  It'd be a good idea to phone the court on the 18th to see if they have paid.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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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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Quote

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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