Visa chargeback scheme
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It's generally a friendly, helpful community, so a little surprised, but
yes you're right I shouldn't have mentioned it as every irrelevant detail take someone off on a tangeant which in this case is my fault. Lesson learned !!
Thank you for clarifying.
It helps as I now know I have to pursue the rest through a different route and I can get on with that TODAY and speed things up as much as possible.
I would suggest the small claims court or moneyclaim online are better value than going to see a solicitor in person (if I understood your advice correctly, if not I apologise in advance).
To be fair, you've asked your question on the consumer rights board, not the "how does chargeback work" board. We're likely to view & respond to posts more along the lines of consumer rights.
Plus at least some posters will be aware that a chargeback is basically nothing more than your bank asking their bank "can our customer have their money back please", so if easyjet have given you a reason for declining, it may offer some insight into how they will respond to the chargeback request.
As for the MCOL/solicitor part...sometimes its worthwhile getting just an initial consultation to find out if your case has reasonable prospect of success (some solicitors still offer these for free so not necessarily any cost involved). In comparison, small claims is okay if they pay up upon receiving a summons. If not then you're looking at filing fee, hearing fee, costs of travelling to/from court, cost of taking time off to attend court, time spent preparing the case etc as well as potentially being liable for their limited costs if you lose. In small claims, costs are usually awarded on the standard basis and are fixed/limited. Meaning even when people have costs awarded, it doesn't fully compensate them. It may even be prudent to forego the chargeback and include the refund in your claim - because even if the compensation element is denied, you should still win and therefore have a better chance of being awarded costs and not having them awarded against you.
Of course every case needs to be judged on its own merit. Personally I wouldn't pay out given the amount in question. But I would definitely look into getting some free advice of some sort as the claim for the compensation will likely hinge on whether the change of aircraft was due to events outwith their control or not.
Easyjet is one of the worst airlines for space btw. Most scheduled airlines give 32" legroom, most charters give 31" but easyjet give 29". But I'd consider flying with one of the roomier ones in future - buying an extra seat is great when the plane isn't full but airlines tend to oversell (especially the budget ones whose appeal is in price rather than comfort) and they'll usually always opt for carrying the passenger and refunding your extra seat rather than telling the other person they can't fly.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Make sure the LBA mentions that the chargeback amount will be added to the claim should Easyjet contest it and prevent the chargeback from proceeding.
It's a good point.
I am not sure how that works in practice.
I believe the retailer has 45 days to appeal, so apart from waiting for the 45 days to elapse I'm not sure how I prevent that.
Does anyone know how the timescales work on moneyclaim?
i.e. can I start a claim for the total and later reduce it?
or is it completely static and I have to wait for the 45 days to elapse if I want to play it safe?0 -
Thankyou for the warnings.If not then you're looking at filing fee, hearing fee, costs of travelling to/from court, cost of taking time off to attend court, time spent preparing the case etc as well as potentially being liable for their limited costs if you lose.
I understand moneyclaim online is £35.
I live in London so getting the bus anywhere is £1.50
My boss is pretty flexible so I won't take time off just move my hours. I've pretty much already prepared the case for the chargeback.
I was under the impression that costs weren't awarded in the small claims court or were very limited.
I understand there are some costs and time involved.
So if they've voluntarily made a written offer agreed by the likes of the captain and in a recorded phone conversation they can just change their mind and withdraw it?as the claim for the compensation will likely hinge on whether the change of aircraft was due to events outwith their control or not.
I would have thought it was binding unless there as a reason why not e.g. under duress.
The first plane wasn't full initially.buying an extra seat is great when the plane isn't full
It's just very unlucky (or lucky depending on your POV) that we had to move 180 passengers from a plane with 186 seats to another plane with exactly 180 seats although one with a working engine was the better choice :-)
We don't have an issue with the change, it was the sensible thing to do and it would be outrageous to take someone off and leave a spare seat. I just want them to do what they offered - that's all. It was the sensible thing to offer compensation for my discomfort so that someone else could fly. I did consider getting the other lady (who was very slim and at a rough estimate 2 dress sizes smaller than me) to sit in the middle seat, but it didn't seem right.0 -
I'd be surprised if they appealed within the time limit simply on the basis of organisation, but not sure why you'd suggest they'd win in a straightforward case of services not received. Why do you think they might?
My personal experience so far is that companies do not prioritise appealing relatively small amounts. Companies are pragmatic and not emotional.
Your second paragraph would be correct in many industries, but airlines have fought tooth and nail to get out of paying what legislation says they should, and even after court defeats many of them make it very difficult for consumers to exercise their rights (I had to use a solicitor to get my statutory delayed arrival payment from Aer Lingus). So I wouldn't be at all surprised to find them disputing any pay out.0 -
You've been told the answer on the other thread, someone of your experience should understand how much it will annoy people if you start a new thread to try to get a different answer. You are damaging your long built reputation by the way you are behaving.0
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Thankyou for the warnings.
I understand moneyclaim online is £35.
I live in London so getting the bus anywhere is £1.50
My boss is pretty flexible so I won't take time off just move my hours. I've pretty much already prepared the case for the chargeback.
I was under the impression that costs weren't awarded in the small claims court or were very limited.
I understand there are some costs and time involved.
Yes costs are limited in small claims - sorry I did try to convey that by stating costs awarded on the standard basis don't fully compensate you (as oppose to on an indemnity basis which would compensate you more if not completely).
Yes the filing fee using MCOL is £35 for claims between £300 and £500. The hearing fee for claims of the same value (£300-£500) would be £55. If they didn't pay up (unlikely imo but sometimes they surprise you), you'd then potentially have enforcement fees on top.So if they've voluntarily made a written offer agreed by the likes of the captain and in a recorded phone conversation they can just change their mind and withdraw it?
I would have thought it was binding unless there as a reason why not e.g. under duress.
Not every employee has the authority to act as an agent for their employer and enter them into legally binding agreements (although if they do have that authority, the company can't pick and choose which bits they want to be bound to). Different if perhaps you were told at the time of booking, they'd give you a refund & compensation as that may have helped form the basis on which you made your decision to enter the contract.The first plane wasn't full initially.
It's just very unlucky (or lucky depending on your POV) that we had to move 180 passengers from a plane with 186 seats to another plane with exactly 180 seats although one with a working engine was the better choice :-)
We don't have an issue with the change, it was the sensible thing to do and it would be outrageous to take someone off and leave a spare seat. I just want them to do what they offered - that's all. It was the sensible thing to offer compensation for my discomfort so that someone else could fly. I did consider getting the other lady (who was very slim and at a rough estimate 2 dress sizes smaller than me) to sit in the middle seat, but it didn't seem right.
Again, sorry - I didn't mean that your original plane was full. Just stating that not getting the extra seat you paid for is a very real risk even under normal circumstances (ie with no change of aircraft) due to airline practices (I dont agree with overselling - I can't see how it fits in law for them to sell something they've already sold and therefore no longer have to sell).You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Thankyou. Presumably I can stop at any time. For example if I wanted to only spend £35 and think it's worthwhile I can do that. I'm not forced to pay the other fees. I was hoping it wouldn't get further than that although it's a all good points to know.Yes the filing fee using MCOL is £35 for claims between £300 and £500. The hearing fee for claims of the same value (£300-£500) would be £55. If they didn't pay up (unlikely imo but sometimes they surprise you), you'd then potentially have enforcement fees on top.
I believe a captain is someone with authority in this situation and the phone call was made to airports liaison officer and that is exactly the kind of scenario the airports liason officer is authorised to do. so in this case I believe it's been properly authorised.
It's never happened to us before and only on this occasion becuas there was a change of aircraft.
we can travel for a couple of hours in discomfort but for those who can't e.g. Guitar, them they'd need to change to another plane.
Thanks for noting the risk, but it doesn't change the fact that obelise, disabled or musical instruments don't really have any alternative.0 -
Be helpful old chap and tell me how to delete it.0
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PM a board guide and ask them to lock this thread? Or to merge the replies with your other thread?0
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but it doesn't change the fact that obelise obese, disabled or musical instruments don't really have any alternative.
A callous person might suggest that the highlighted category does have an option, albeit a long-term one.
Musical instruments can be stored in flight-safe packaging/cases and be put in the hold?0
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