Private transfer never arrived

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  • photome
    photome Posts: 16,360 Forumite
    Name Dropper First Anniversary First Post Bake Off Boss!
    I have no idea but if your car arrived at 1835, where was it when you went outside? what time does the GPs show it leaving, I cant make it out from those screenshots
  • photome wrote: »
    I have no idea but if your car arrived at 1835, where was it when you went outside? what time does the GPs show it leaving, I cant make it out from those screenshots

    Sorry, MSE made the screenshots smaller. Heres the links.

    Our Car
    https://s12.postimg.org/4pgbvfqql/image.png

    Williams Car
    https://s10.postimg.org/q2b5sjzbd/image.png

    There was a car sitting outside when we went out. however the driver had told the staff he was waiting for someone called Williams. After waiting sometime, especially seeing the "A2B" sign in the window I went and showed the driver our booking, but after looking he said no.
  • photome
    photome Posts: 16,360 Forumite
    Name Dropper First Anniversary First Post Bake Off Boss!
    Sorry, MSE made the screenshots smaller. Heres the links.

    Our Car
    https://s12.postimg.org/4pgbvfqql/image.png

    Williams Car
    https://s10.postimg.org/q2b5sjzbd/image.png

    There was a car sitting outside when we went out. however the driver had told the staff he was waiting for someone called Williams. After waiting sometime, especially seeing the "A2B" sign in the window I went and showed the driver our booking, but after looking he said no.

    That makes no sense as according to the gps the Williamson car left before you went outside.

    Looks like they are covering something up

    How do you know those times were not just enterd manually
  • photome wrote: »
    That makes no sense as according to the gps the Williamson car left before you went outside.

    Looks like they are covering something up

    How do you know those times were not just enterd manually

    Exactly what I was thinking.

    Personally, I reckon the second driver (our car) was given the name of Williams. That would explain why there was an A2B car waiting outside when we went out at 1845hrs.

    Realising the error, the Turkish supplier has changed things so they don't lose any money and have to pay for our Taxi to the airport.

    The issue now is, who do I send the Letter Before Action to. I have queried this with Sunshine and waiting their reply. If they say it has to be sent to A2B, i'll then query it with them, however I have a a feeling im going to be left in limbo with them saying it has to be sent to the other party.

    My logic is that I booked and paid Sunshine, so I will send it to them, then its upto them to claim it from their supplier.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    Exactly what I was thinking.

    Personally, I reckon the second driver (our car) was given the name of Williams. That would explain why there was an A2B car waiting outside when we went out at 1845hrs.

    Realising the error, the Turkish supplier has changed things so they don't lose any money and have to pay for our Taxi to the airport.

    The issue now is, who do I send the Letter Before Action to. I have queried this with Sunshine and waiting their reply. If they say it has to be sent to A2B, i'll then query it with them, however I have a a feeling im going to be left in limbo with them saying it has to be sent to the other party.

    My logic is that I booked and paid Sunshine, so I will send it to them, then its upto them to claim it from their supplier.

    Section 75? Did we ask about that already? Or covered by ABTA/ATOL? (cant remember which one deals with complaints)

    Tbh if you're unsure at all, send a LBA to both of them and name them both as defendants - let the courts sort it out!
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Can you not name both as co-defendants?

    Edit: I didn't refresh before posting, so didn't see devil woman's reply. :)
  • powerful_Rogue
    powerful_Rogue Posts: 7,506 Forumite
    Name Dropper First Post First Anniversary
    edited 16 October 2016 at 8:43PM
    Section 75? Did we ask about that already? Or covered by ABTA/ATOL? (cant remember which one deals with complaints)

    Tbh if you're unsure at all, send a LBA to both of them and name them both as defendants - let the courts sort it out!

    Thanks Unholyangel. With a S75, would they deal with consequential losses such as the £100 for the private taxi, or would they just refund the return part of the journey they never supplied?

    I've looked into ABTA. Apparently stages 1-5 of their complaints process isn't binding. If you move onto stage 6, then it is binding, however you have to pay for it to move onto this stage, which in this case would cost £108 - So much cheaper to go via the Small Claims route.

    I'll see what they come back with, then i'll go through stages 1-5 so the judge will see i've tried all attempts to resolve the issue.
  • Saying that, look at ABTA, they don't actually make a non binding decision.
    Once we’ve received their comments we’ll forward you a copy of their reply. If you and the company reach agreement then you can close the case.

    So is that any different to what im doing now via email with the company. It;s only at Stage 6 (£108) in which ABTA will decide and to be honest, its a lot cheaper to go via the SCC.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    Thanks Unholyangel. With a S75, would they deal with consequential losses such as the £100 for the private taxi, or would they just refund the return part of the journey they never supplied?

    I've looked into ABTA. Apparently stages 1-5 of their complaints process isn't binding. If you move onto stage 6, then it is binding, however you have to pay for it to move onto this stage, which in this case would cost £108 - So much cheaper to go via the Small Claims route.

    I'll see what they come back with, then i'll go through stages 1-5 so the judge will see i've tried all attempts to resolve the issue.

    Section 75 if you have a claim against the supplier, you have a "like" claim against the creditor - meaning that yes, they'd be liable for losses incurred due to breach of contract and wouldn't be able to limit their liability to the portion actually paid for the transfers.

    Read case 86/05 found here:
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/86/86-consumer-credit.htm
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Section 75 if you have a claim against the supplier, you have a "like" claim against the creditor - meaning that yes, they'd be liable for losses incurred due to breach of contract and wouldn't be able to limit their liability to the portion actually paid for the transfers.

    Read case 86/05 found here:
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/86/86-consumer-credit.htm

    Your a star! Thank you :)

    Will get in touch with Barclaycard :)
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