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Hey there, as the plane went tech you are entitled to the £520 x2 compensation under EC261. This is a clear cut case. Just claim straight with Virgin. However you are not entitled to a full refund, since you were eventually flown to the final destination; of course that second flight should have been totally free of charge; if not you must bill Virgin for it. Your mum+sis are also entitled to full reimbursment of taxis to and from the hotel, as well as meals+refreshments that they had for the entire duration of the unexpected stop, including both at the hotel and airport. (Just stay reasonable: no claiming for 49 pina coladas at the beach bar) Was their luggage returned to them during the unexpected stop? If not they may also claim for any toiletries and clothing that they had to purchase during the night stop. I understand the hotel has already been paid for, just don't forget the rest. Hopefully they have kept the receipts. Otherwise bank statements should do the trick. You need to claim for this in addition of the £1040 Other than the above there is no statutory compensation due for missing out on 1.5days of holiday. You could however talk to someone at customer service and make a polite request to extend your stay by another couple days and see if they will do it for you free of charge (providing they have space). Or if not, you could possibly get some token gesture of money back or voucher off your next holiday. It's worth trying. That you paid £700 for a name change is unfortunate but it's completely unrelated to the situation at hand. Above all I hope they don't worry too much about this mishap, and make the most of their holiday. Compensation is practically guaranteedwhen they are back. Just tell them to save all receipts they have and don't worry about the rest until they're back! -
thats not a delay thats just standard processing. it has to be 2+ months for it to be a delay -
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By Laura Cooke · Posted
Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just been given the go ahead to be Litigation friend -
First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.
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On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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