Anyone used Sky Mediator?

Mattyc1977

Hello. I made a claim with sky mediator on 3/5/13 regarding a monarch flight. They refused to pay them so they took them to court so i have been informed. The problem is, the last i heard from sky mediator was on 16/8/13 with the following message:-

Dear Sir or Madam,

Unfortunately, we have not been able to reach a negotiated settlement with the airline company, which is refusing to consider the legitimacy of your claim.

In light of this, we have passed your claim on to one of the law firms with which we work in order for them to send the airline an official notification of our intention to bring proceedings should they fail to fulfill their legal obligations.

We hope that this intervention will help convince the company to decide in your favour. The have one month to decide how to respond to the solicitors’ letter.


Best regards,

Sam
Customer Service Skymediator

In the letter they say the company had 1 month to respond but i have not heard anything more.

I have emailed the company a few times and not had a response, i put something on their facebook webpage for advice and i got a snotty message back from them and the post was taken off their website but I STILL havent received a response. Just a update of what is happening would be great but its coming upto 10 months now and they are not responding to my emails/requests.



I sent a request for a update 2 weeks ago and havent heard anything, i have sent a further request today and will see what happens. I will also send them a link to this forum page requesting a update and see what happens.


Has anyone had any joy with them as i am starting to think i have been conned.

Kind regards


Mat

111KAB

Mat - did you pay them anything?

Mattyc1977

No, I didn't pay them anything. They have copies of mine and my wife's passports though.
They are meant to take 25% of a successful payout.

Vauban

Mattyc1977 wrote: »

No, I didn't pay them anything. They have copies of mine and my wife's passports though.
They are meant to take 25% of a successful payout.

What persuaded you to go with this French company? It is fairly unimpressive that it took them three months to get ready - possibly - to send an NBA. You could have done that yourself immediately ...

I'm quite struck by the agreement you have apparently signed:

6.4.1 If SKYMEDIATOR chooses to terminate the contract, it agrees to cover all costs and disbursements incurred until that point. Should the AIRLINE make any Compensation payments subsequent to the termination of the contract, SKYMEDIATOR’s fee shall be 25% of the sum originally offered in settlement.

So, if they choose to walk away from your case, and you subsequently succeed in getting compensation, then you still have to pay Skymediator their 25%. Why on earth would anyone agree to that?!

Mattyc1977

I looked around on a few forums and asked a few people and a few people had been paid out full compensation so I went with it. Their Facebook page at the time was full of people who had been paid out. I am also not a lawyer and didn't read the small print. They were actually recommended by someone on this site and I trusted them.

Vauban

Mattyc1977 wrote: »

I am also not a lawyer and didn't read the small print.

I am not a lawyer either, but I still wouldn't sign an agreement that I didn't understand.

Section 8 of the T&Cs suggests that you can terminate the contract after 12 months, if you write in advance. You might want to do this. It would of course mean a further delay of a few months, but it is all I can suggest.

Mattyc1977

Well i still havent had a response back from them again. I will give it a few days and then try and terminate my arrangement with them due to lack of them keeping their end of the arrangement by keeping me updated on my case.

J2414

Good Morning

I Too decided to go with sky mediator, however my claim has been in since January 2013, we have had many emails stating exactly the same and last correspondence was from a french solicitor who said they were preparing papers to go to court that was in November last year, after many more emails being sent to sky mediator as to follow up what was happening I have just had reply to say that they cannot find proof of a delay !!!!, so I have just sent a reply asking them if this is a joke why one minute going to court and now no proof. I have told them that I have many letters and emails that I have sent to the airline company who have apologized for the delay and how the Spanish aviation authority sent letters back stating we do have a claim, so we will see what happens. But now my concern is that whenever I try to ring sky mediator it's always engaged I have asked wether they are still in business and just trying to fob me off. This has gone on far too long and I also was not aware that if they walk away they can still claim the 25% if I win.

David_e

In selecting a no win no fee firm, I'd either act on the recommendation of someone whose opinion I valued or use a UK based firm subject to some kind of regulatory regime.

As has been noted by Vauban, I would also make sure that I had read the terms and conditions, and queried any that I didn't understand. In this instance "... any conflict relating to the present contract will be subject to Swiss law" would put me off as seeking redress in the Swiss courts could prove more difficult and expensive than under UK jurisdiction. I'm not sure that a condition "No other claim or litigation exists between him/her and the opposing party, nor will exist in the future" would actually have any legal force in the UK.

David_e

Vauban wrote: »

Section 8 of the T&Cs suggests that you can terminate the contract after 12 months, if you write in advance.

https://en.skymediator.com/terms-conditions-claim-airlines

These must have changed as Section 8 now deals with "Misleading Information"!

In relation to termination, there is this:

"6.3 The CLIENT may end the contract at any time, but will then be liable to pay the costs incurred by SKYMEDIATOR up until that date. Costs will be calculated at a reasonable hourly rate."

So anyone signing up under these terms is liable to unspecified costs if they terminate (unless they feel they are able to terminate without cost (under Swiss law (!)) because of a breach by the company).

Vauban

David_e wrote: »

https://en.skymediator.com/terms-conditions-claim-airlines

These must have changed as Section 8 now deals with "Misleading Information"!

In relation to termination, there is this:

"6.3 The CLIENT may end the contract at any time, but will then be liable to pay the costs incurred by SKYMEDIATOR up until that date. Costs will be calculated at a reasonable hourly rate."

So anyone signing up under these terms is liable to unspecified costs if they terminate (unless they feel they are able to terminate without cost (under Swiss law (!)) because of a breach by the company).

Yes. Most odd. Stay way clear is my advice (though frankly anyone inclined to sign a legal agreement without reading or understanding the nature of the commitment is probably beyond advice ...)