Compensation overpayment

baggyann

Hi,

I received a payout for a delayed flight back in April from Citijet. I travelled as part of a group but only claimed for myself as everyone was claiming individually. Other members of the group also received their compensation without issue.
I have just received an email my friend has forwarded me from them asking for me to return them some of the money they paid me. In the email they accuse me and my friend of claiming for 3 passengers which is not true for either of us. They are refusing to pay hers and state that they paid me for three and that my fellow passenger had to tell me to pay her hers and I had to give them back the difference?
I don't see why I am being accused of claiming for more than myself and surely they have to pay my friend themselves and if they believe they've overpaid me that's between me and them? They haven't contacted me directly about this, just refused my friend's claim.

If they've overpaid me isn't it their mistake? Also how long do they have to state they've overpaid me as it's over 3 months later and I assumed the amount they sent me was what they assessed as the appropriate rate and so has been spent accordingly.

Any suggestions/advice welcome

pleasedelete

Well it is a fixed amount depending on distance. What were you paid?

Vauban

So the airline has paid you, assuming you to be lead passenger, for your party? And you didn't know how much compensation you were entitled to, and ended up spending it all thinking it was just for you?

What does their letter to you, confirming compensation, say? I think that is likely to settle the matter.

baggyann

Yes, it's confusing as they've also converted from euros into GBP and they haven't emailed me directly as previously stated. I sent my letter of complaint as did others, explaining I was claiming for myself (I have a copy of this) I knew one of the group had said she had had a payment into her account and I received my payment not long after her. My other friend (who was yet to hear from her claim) is the one who received the email saying she had to ask me for the money and I had to give them my money back.
It does appear now that I was paid more than the others, but not triple? I can prove 100% that neither I, or my friend claimed for 3 passengers. I didn't receive any correspondence from them as far as I can see. It was not me who booked the holiday, the booker received the correspondence not me. Her claim is the one that's been rejected.

Vauban

Right: so how much have you been paid? And what was the journey that was delayed?

Caz3121

did your letter you sent not quote the figure that you were claiming. If not triple, is it double?
If you were in the other persons shoes and found out your claim was denied because your compensation had been paid to another member of the party what would you do? ask Cityjet to reclaim it so they could pay it to you? take the person to the small claims court? forget all about it and write it off?

baggyann

Oh and it was a six hour delay on a UK to UK flight - took most of my 2 day break away and no, in my complaint letter I didn't specify an amount just asked for them to compensate me for the disruption and frustration accordingly. I made it clear I was part of a large group and that the others would be claiming separately.

baggyann

No, I don't expect her to take me to the small claims court or for her to not get paid. I feel as everyone's claim has been managed independently and all the others have received their claims as individuals that they would settle her independently.
For example if I had a car accident on a bus and I made a claim, and so did everyone else, if I got say £100 and then the insurance company 3 months later turned around and said to the next passenger, sorry - we're not accepting your claim because we mistakenly paid her your compensation'. Their mistake with me doesn't (or shouldn't) block her claim.

Also I'm really, really angry at the accusation that they're putting it on us when it's evident if they've sent me too much it's their mistake.

That's not to say I won't make sure my friend gets what she should, even if it's out of my own pocket. That's not my point, my point is, why 3 months after they've settled can they turn around and ask for the compensation back without any correspondence with me?
Also, separate issue - they're asking my friend to tell me to pay her, and then to pay them the difference??

Figures = they say the compo for 3 passengers was 750 Euros. I received just short of £480 into my account.

How was I to know that wasn't mine and how am I supposed to pay my friend and them back the difference 3montgs later. AGAIN - they haven't been in direct contact with me at all?

Caz3121

baggyann wrote: »

Figures = they say the compo for 3 passengers was 750 Euros. I received just short of £480 into my account.

How was I to know that wasn't mine and how am I supposed to pay my friend and them back the difference 3montgs later. AGAIN - they haven't been in direct contact with me at all?

I would have thought that given you made a claim, you would have read some guidance in advance and known that you were claiming for €250 (approx £174 at todays rate but likely different at date of delay) for a distance < 1,500km
I think if your friend goes back to the airline and confirms that they expect to be dealing with them and receiving their compensation from them and not having to go to you, you will then hear from the airline who would have 6 years to reclaim the overpayment from you. It is probably be the fairest way to go. You pay back Cityjet for the amount received in error over and above the amount that you were entitled to and they pay your travel companions direct

When they contact you, you should be able to come to an agreement re timelines for repayment rather than paying back in a lump sum...being able to keep anything over the €250 would be only as part of a goodwill gesture from the airline rather than a right because they paid in error. If a bank put £5,000 into your account in error you would not have a right to keep the money, they would have 6 years to get it back from you

baggyann

I didn't really look into it, just got told to send a complaint letter along with the others in the group. I didn't even know I had a claim I was just going along with the others.

Ok thanks, I'll tell her to get them to deal with her claim as an individual, as per everyone else in the group, and wait for them to contact me for the difference.

I would argue that it's not really the same as the bank account situation. If someone paid money into your account you knew to be a mistake of course you can't keep it. Say you made a complaint about PPI or something and they awarded you compensation, I don't know that they could claim it back if they paid you more than they intended? What a palava for what's now going to cost me (yes I know I had it but I thought it was mine) There's me thinking the idea of it was to attempt to apologise for ruining my trip and now I'm the bad guy?

Honestly, I think it's a disgrace.

tomtontom

Not sure it is AF that are behaving disgracefully here.

You're clearly not stupid OP. It is very difficult to believe that you believed you were entitled to the full amount paid to you.