Help with small Claims

indierocker85

I have launched an official complaint with them, which they said they would pay us £50 as an "ex-gratia financial goodwill gesture". And also said

" After careful consideration and as a gesture of goodwill, we would like to offer an ex-gratia refund, without prejudice and without liability, totalling £50.00. This cheque is enclosed in full and final settlement of the matter. No acknowledgement is necessary, the banking of the cheque will be deemed as your acceptance and a conclusion to the matter."

Their attitude to the complaint seems to me that they are offering this, and this only.

Therefore, I have advised them I will be refusing the cheque, posting it back to them, and will still be taking this further. They haven't as yet responded to that.

Btw, as part of the complaint, does anybody on here know which address I would write to for a freedom of information request from easyjet? It is related to the complaint. As Olympic blamed easyjet for various things which easyjet proved to be false

KeithP

The Freedom Of Information Act gives you the right to ask any public body for all the information they have on any subject you choose.

The FOI does not apply to Easyjet.

Equaliser123

poet123 wrote: »

Yes, it will be able to deal with it.

Not if there is an arbitration clause in the contract.

poet123

Equaliser123 wrote: »

Not if there is an arbitration clause in the contract.

We have covered that in an earlier post (exhausting all avenues before going to court) and/or using the court mediation service.

unholyangel

Not really useful to the OP but just as a sidenote, i've heard people threatening legal proceedings against their Travel Agent merely because the local supermarket on holiday didnt sell tetley teabags

I'm entirely sure the OP wouldnt be so foolish to try and claim compensation for this and i can understand getting angry when explaining, happens to me and i have to sit on my hands till i calm down

Equaliser123

poet123 wrote: »

We have covered that in an earlier post (exhausting all avenues before going to court) and/or using the court mediation service.

No that isn't the same.

Arbitration is instead of Court proceedings. It is not the same as mediation. If a valid arbitration clause is in the contract (e.g. a reference to an ABTA scheme), then they can very easily strike out the proceedings.

poet123

The point is that you would not go down the court route until you have exhausted all other avenues, which, by definition, would include such schemes as you refer to. Unless, of course the contract stipulated that if agreement could not be reached by arbitration there was no further right to take legal action. Which, if signed by someone who did not undertand that nuance, could be deemed an unfair term or condition, and so challenged.

Are you saying that this is true with arbitration clauses across the board? or that it could be a point to look for?

Vomityspice

Equaliser123 wrote: »

No that isn't the same.

Arbitration is instead of Court proceedings. It is not the same as mediation. If a valid arbitration clause is in the contract (e.g. a reference to an ABTA scheme), then they can very easily strike out the proceedings.

The application can be stayed, not stuck out?? S.9 Arbitration Act (From memory so apologises if it is the wrong section).

Equaliser123

Vomityspice wrote: »

The application can be stayed, not stuck out?? S.9 Arbitration Act (From memory so apologises if it is the wrong section).

Kind of the same effect. The claim would eventually be struck out either by the Court's own motion or by the parties.

The point here is that if there is an arbitration clause then issuing proceedings would, potentially, be a waste of money.

g1ryt

Hi

Plaese can somebody tell me if it is possible to reinstate a claim after it has been struck off without order 6 months after ?

I was told that the items i want returned the defendant didnt have but i have just learnt that they have them.

any help appreciated