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Easyjet small claims court

edited 4 June at 5:55PM in Flight Delay Compensation
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edited 4 June at 5:55PM in Flight Delay Compensation
Looking for a bit of advice. 
I was delayed with Easyjet on 27/05/2019 Funchal to Bristol. Easyjet cancelled on the day stating weather conditions. Other airlines on the day were flying. We were offered a flight 37 hours later. Given work commitments I couldn't wait this long and re-routed us back to the UK on a different airline, arranging transport with a relative to take us back home on the same day after arriving back in Birmingham. 

I contacted Easyjet in 2019 - no reply via EC261 compensation claim form. I then decided to claim via expenses only route instead - submitted receipts for replacement transport to destination (parking ticket, evidence of money transfer to cover petrol and alternate flight tickets). This was because when I looked at No-Win-No-Fee one site gave advice that I could claim, whereas the other was equivocal. Easyjet did not respond for months. I looked on CEDR dispute resolution, though Easyjet is not listed as a company who uses this dispute resolution service. I decided to send a Notice Before Action - no response. I filed MCOL claim for costs. In the meantime, Easyjet responded to the expenses claim stating they'd pay refreshments only, but wouldn't pay for the other costs due to "invalid receipts". I emailed them back saying I didn't accept their part offer of payment and claiming for the full amount - I advised them of my court action. They wrote back with an acknowledgement of service saying they intend to defend the entire claim.

I have read Vauban's guide. I am planning to continue with the claim. Can you advice what you included in your court bundle in such circumstances and particulars document?


Replies

  • jonesMUFCforeverjonesMUFCforever Forumite
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    You don't say how the original cost was paid for?
    Credit card? - S75 claim?
    What goes around - comes around
    give lots and you will always receive lots
  • adidasadidas Forumite
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    Easyjet flight cancellation - I hadn't thought about that actually, thanks for the suggestion. Have to double check, think I paid by debit card
  • jonesMUFCforeverjonesMUFCforever Forumite
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    That's a shame (and a valuable lesson for the future) because I believe you only have 120 days to start a chargeback (No S.75 with a debit card).
    With a credit card you could claim consequential losses ie what the new flights cost you.
    You also have not mentioned whether you had travel insurance - this would have been my first port of call but you seem to have gone down the legal route immediately.
    Good luck in getting your money back.
    What goes around - comes around
    give lots and you will always receive lots
  • adidasadidas Forumite
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    Thanks for your input - not useful to my original query regarding court bundles so I'll post elsewhere to see if anyone can help.
  • edited 5 June at 10:34PM
    Justice13075Justice13075 Forumite
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    edited 5 June at 10:34PM
    put your original flight details into euclaim and bottonline they will tell you if you are due compensation. Next Easyjet has a duty under article  8 of EU261/2004 to reroute you regardless of the reason for their flight cancellation. You managed to get another flight so they should have been able to find that flight. They owe you the difference in the price between the 2 flights. Also, they have a duty of care, which includes food and if you spent a night in a hotel they have to pay for that also. EasyJet use ADR (Alternative Dispute Resolution)
  • adidasadidas Forumite
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    Thanks for this Justice - Easyjet did not respond to my first correspondence with them for full compensation. I also complained via Twitter customer service after the flight. I entered details into EUclaim - they said no, bottonline said possible. I decided I just wanted the costs of being re-routed rather than the compensation cost.  I read EUclaim is more accurate. My re-routing costs are replacement tickets (I wasn't refunded the original cost of flights, the cost was a little more), I also had to arrange transport from the airport I returned to in the UK to my home address as I arrived around 1-2am. Decided against a hotel and public transport in the morning as needed to be in work - this would have worked out more expensive than the transport back to my home address. I looked at CEDR who said they weren't with Easyjet.

    I wrote to Easyjet to claim under EC261 for my costs on 03/04 - they wrote back 03/06 saying invalid receipts for some of the claim, they offered to pay for food only but not for the flight or transport from the different airport back. I wrote to them with a Notice Before Action at beginning of May asking for my costs back that they did not respond to. I filed the court action via MCOL subsequently. I wasn't aware of ADR, thanks for pointing this out. Looking at the ADR site, it asks if I have complained to them in writing. Can I use the date 03/05/20 as the date for the ADR as the date for the complaint? The airline didn't respond to my letter. I then emailed customer service informing them that I didn't accept their offer and had filed via MCOL. They've sent an acknowledgement of service, saying they'll defend the entire claim so waiting for their response.

    Where does this leave me with ADR? Should I still file the same copies of receipts with them in 4 weeks? With regards to MCOL - presumably they'll look for me to use dispute resolution to settle it. I followed Vauban's guide to flight compensation and he mentioned court bundles though it looks like the hot links in his document have been disabled.
  • Justice13075Justice13075 Forumite
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    If you are not too bothered about compensation and just want your costs back then I disagree. You might as well hand it to Bott & Co because if you win compensation at least you will get roughly 70% of €400 per passenger rather than 100% of nothing if you don't claim compensation. They will deal with everything and take away the stress. 
    I HAVE NO AFFILIATION TO BOTT & CO.
  • Coatesy22Coatesy22 Forumite
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    Hi all, I'm hoping you guys can help please - Last month I received notification from Easyjet that my data had been stolen in a massive data breach that they had incurred. Easyjet stated all of my personal information, including dates and times of flights had been taken but my payment details were safe. Basically a criminal gang is now in possession of the times and dates that my house will be empty during my proposed holiday in August. For that reason alone I have had to cancel the holiday.
    I tried contacting Easyjet by the customer services number given for two weeks solid at all different times of the day including bang on 8am when 'the lines open', they play you a polite message then cut you off. None of my emails have even been acknowledged.
    I have had to cancel this holiday purely because Easyjet systems did not protect my data sufficiently and now I am at risk of having my house burgled by a criminal gang and even worse with identity theft and all that this brings  etc.
    I want a full refund of my flight costs. That is all I have asked for, when in fact I should be asking for compensation for them ruining a much needed family holiday following ill health.
    How can I get Easyjet to respond? I've thought about a small claims court case if I have to go that way but if only they would respond to my email or answer the telephone I'm sure this could be resolved.
    Any advice is very much appreciated, Thanks, Steve ([email protected])
  • edited 11 June at 11:51AM
    adidasadidas Forumite
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    edited 11 June at 11:51AM
    Try LeighDay (no win no fee solicitors) - enter the costs (costs of flights). You'll need to register your details and they'll contact you for more information. They'll probably take a cut of your compensation, so check t&c. The other option is to use your credit card to do s75 or a chargeback on your debit card. https://www.leighday.co.uk/Link-only-forms/Data_breach_9
    I don't think you'll be covered by travel insurance this.

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