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Problem with a Flight Delay Company - How do I Escalate?

edited 30 November -1 at 1:00AM in Flight Delay Compensation
84 replies 10.4K views
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Replies

  • JPearsJPears Forumite
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    I'd be tempted to use the old MCOL rather than the new Beta whcih you maybe offered. Whilst the beta interface is easier to use following the common UK.gov format, it doesn't seem to work very well as your case progresses.
    My case is showing that the defendant hasn't responded, even though they have, 2 weeks ago :(
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears wrote: »
    I'd be tempted to use the old MCOL rather than the new Beta whcih you maybe offered. Whilst the beta interface is easier to use following the common UK.gov format, it doesn't seem to work very well as your case progresses.
    My case is showing that the defendant hasn't responded, even though they have, 2 weeks ago :(

    So would my particulars of claim be something like:
    "I contracted FDS in April 2017 to claim compensation on behalf of myself and my children under article 7 of EC261/2004 against Air Transat. This was for the delay to Flight XX on yyy. FDS confirmed in May 2017 that the claim was successful and I was due £2k in compensation. Despite a number of follow-up emails and calls they claimed to be unable to match payment from the airline.
    I contacted Air Transat myself in August 2018 who confirmed they had paid FDS £2k by bank transfer in May 2018. FDS has not responded to my correspondence since July 2018"?
  • JPearsJPears Forumite
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    Something like that. If you look in Vauban's guide and use a similar format, amending for your particular circumstances.


    To be fair the Beta version does ask more intuitive questions so if its your first MCOL experience, might be a good idea to use that?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • edited 30 August 2018 at 12:11AM
    wigwam12wigwam12 Forumite
    86 posts
    edited 30 August 2018 at 12:11AM
    JPears wrote: »
    Something like that. If you look in Vauban's guide and use a similar format, amending for your particular circumstances.


    To be fair the Beta version does ask more intuitive questions so if its your first MCOL experience, might be a good idea to use that?
    Thanks - that was lifted/adapted from Vauban
    uumm would I be claiming just against the company or company and director (ie 2 entities)? My understanding is that it's limited company I contracted with so it would be the company only?
  • Alan_BowenAlan_Bowen Forumite
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    Regrettably, you can only sue the company not the man behind it. It seems he has been a director of 6 companies, the other 5 have been dissolved with no involvement of insolvency practitioners and so no investigation of the reasons behind the 'failures'. The last set of accounts suggest the company has a value of minus £21,500 so even if he does not defend the claim, I would not hold out any certainty of getting paid. Make sure you follow the rules on entering a default judgement as soon as you can and then seek advice on enforcement. It seems the registered address may not be his home address so your only hope may be to get the bailiffs or sheriffs to take the computers and put him out of business, again!
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  • JPearsJPears Forumite
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    As part of the small claims process/judgment you can seek to declare the company bankrupt/wind up, in an effort to encourage payment.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Alan_Bowen wrote: »
    Regrettably, you can only sue the company not the man behind it. It seems he has been a director of 6 companies, the other 5 have been dissolved with no involvement of insolvency practitioners and so no investigation of the reasons behind the 'failures'. The last set of accounts suggest the company has a value of minus £21,500 so even if he does not defend the claim, I would not hold out any certainty of getting paid. Make sure you follow the rules on entering a default judgement as soon as you can and then seek advice on enforcement. It seems the registered address may not be his home address so your only hope may be to get the bailiffs or sheriffs to take the computers and put him out of business, again!

    Thanks.
    Yeah the company address is not his phone address (that’s in Northwich)
    Yes I fear I’ll “win” but still won’t get paid. I’ve seen online comments in July from people who say they have not been paid either for a year and when they push it have gotten threatening emails saying “withdraw those comments if you want any chance of seeing your money”
  • JPears wrote: »
    As part of the small claims process/judgment you can seek to declare the company bankrupt/wind up, in an effort to encourage payment.

    Will look to do that.
    But as said above I suspect we won’t give a fig as it’s something like £35 to just open a new company at the same place.
    But hey it will cause some inconvenience at least perhaps...
  • Interesting development.
    Got a letter from the company - long and telling us we didn’t give them enough time etc etc but they have made a reasonable settlement offer (amount less 20% fees but including our court fees)
    To be paid within 14 days of receipt of letter confirming case will be withdrawn from court.

    So if I’m minded to accept I need to write to the Court and ask to stay the proceedings as a settlement has been agreed but time is required to make the payment, & that I will withdraw as soon as payment is received?
    Can anyone advise who I actually write to at the court as it’s all online so far.

    I’m guessing I’ll cc them to the court letter with the signed forms.
  • Seems to me accepting the terms as offered would be to throw away your strongest card. Why not put it to the company you'll withdraw court proceedings after their payment has been received, banked and cleared.
    And why accept 20% less? This is a company which obtained money on your behalf and then failed to hand it over. I'd go for the whole amount plus interest.
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