Jet2.com leaving me in the lurch!

richardw

N1 is also available on line http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf you may be able to type the details in before saving and printing off.

lewroll

Sorry but I have already submitted a claim using MCOL - should I have listed my son separately?

I had two flights booked but I was the lead passenger and so thought that I could claim for both is that not true?

Thanks Guys!

lewroll

Jet2 Reply!!!

After I have filed the claim, Jet2's 'Commercial Lawyer' has written to me to urge me to withdraw my claim within 7 days and if I do not do so he will instruct their external lawyers to file their defence.

He states that they have no offers to make in respect of the claim. He also states that they acted fully in accordance with not only with their Terms and Conditions but he believes they also acted in accordance with EC Regulation 261/2004 in providing a refund within 7 days of cancellation (Article 8a) He says they were unable to offer a re-route because they have cancelled the schedule programme to Sharm!!!

He believes that they have been more than reasonable, says that 261/2004 does not allow for compensation (which I have NOT claimed by the way) except in some circumstances.

He states that by virtue of the fact that I have issued a small claim, I am in essence claiming for damages (compensation) and not a re-routing and therefore he believes a District Judge at County Court would be unlikely to award in my favour as to do so would be ultra vires.

He also believes that a Judge will agree with Jet2.com that they have made every attempt to deal with the schedule change fairly and in the best interests of all their customers.

I have noticed that he does not mention that I have the choice between refund and re-routing.

Any comments appreciated once again.

Many thanks

richardw

lewroll wrote: »

he believes they also acted in accordance with EC Regulation 261/2004...... He says they were unable to offer a re-route because they have cancelled the schedule programme to Sharm!!!

Perhaps ask him where it says, in the regulation and/or cases that have set a precedent, that Jet2 only has to offer a re-routing by Jet2.

lewroll

Thanks for your comments.

I have been thinking about this overnight and am now undecided whether to be as rude and impolite as they have been (they totally ignored 2 of my letters) or to simply write back (spending more of my money and time) and tell them to just go ahead. What do you people think is the best thing to do?

Why on earth they would think that I would just fade into the woodwork after doing all that I have done, beats me.

richardw

Being rude and impolite isn't going to get you anywhere
and may give them something to show a County Court Judge, if it got there, if there were discussions about unreasonable behaviour. See CPR 27.14(2)(g) http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part27.htm#IDAOBZIC

You have a record of them ignoring 2 of your letters, 2 nil to you in the reasonableness score so far perhaps.

It is easy to be firm and clear in correspondence by dropping pleasantries, i.e. replacing 'Thank your for your e mail dated...' with 'I am in receipt of your e mail dated...' and still being reasonable.

Cityboy's points are spot on. They are trying the brush off because it is an easy tactic. Don't be concerned with what their thoughts about you might be and don't take it personally.

Perhaps write back with clear relevant points.

lewroll

:)Decided to take your advice - to be honest wasn't comfortable with being impolite and rude and just ignoring them but because of how they were with me and the situation I was tempted for a short time!!!

Composing letter as we speak and will keep you updated.

On a better note, my son and I fly out Friday and we are really looking forward to some sun and relaxation and I will forget all about it until I return:j

richardw

Perhaps also say that you'll be away for x dates and will attend to correspondence on return.

lewroll

Good idea - thanks!:beer:

stoneman

lewroll wrote: »

:)Decided to take your advice - to be honest wasn't comfortable with being impolite and rude and just ignoring them but because of how they were with me and the situation I was tempted for a short time!!!

Composing letter as we speak and will keep you updated.

On a better note, my son and I fly out Friday and we are really looking forward to some sun and relaxation and I will forget all about it until I return:j

I must say you are showing great calm and resilience in all this. With the help you are getting on here I am sure you will rub the noses of these shysters in the dirt. All I can say is GO GIRL!!