Insurance company trying to claw back flight refund from me.

couriervanman

OP......you got your flight home why do you think your entitled to keep the £400 

kelvinwebb

k3lvc said:

kelvinwebb said:

Evening all, excuse my absence, been working all day. I'm going to go through now and hopefully be able to respond as best I can. Thanks all for the input.

Who are you ? Have you just let slip an alter-ego ?

Yeah had another username when dealing with a parking ticket. (case won:-)

kelvinwebb

_shel said:

kelvinwebb said:

Evening all, excuse my absence, been working all day. I'm going to go through now and hopefully be able to respond as best I can. Thanks all for the input.

May I ask who here is speaking as a legal representative? Or is this all speculative opinion?

 Who cares if you were workkng who are you 

Not very friendly are you? I'm the OP.

[Deleted User]

kelvinwebb said:

_shel said:

kelvinwebb said:

Evening all, excuse my absence, been working all day. I'm going to go through now and hopefully be able to respond as best I can. Thanks all for the input.

May I ask who here is speaking as a legal representative? Or is this all speculative opinion?

 Who cares if you were workkng who are you 

Not very friendly are you? I'm the OP.

https://www.moneysavingexpert.com/site/forum-faqs/?_ga=2.192202410.1884522898.1604743694-514787830.1553440004

"Do not troll – deliberately cause upset or provoke disputes for your own amusement – or use alter egos to register multiple accounts, or re-register when you've been banned."

kelvinwebb

couriervanman said:

OP......you got your flight home why do you think your entitled to keep the £400 

Emirates did not resolve my flight home as they were obliged to do by law. So, they are in breach of contract and therefore due to refund the costs of my booked flight PLUS as they cancelled the flight they are obliged to provide alternative flights, whether that be with themselves or another airline. This is why I'm seeking legal clarification. I'm not asking for something I'm not due, I don't have anything against giving my Insurers the money back if that's the case. I want to find out where I stand legally.

I don't want to take it as granted because the insurance company has simply asked for money. It's exactly the same as receiving a Parking Charge notice, just because you've received it doesn't means it is legal!

[Deleted User]

kelvinwebb said:

couriervanman said:

OP......you got your flight home why do you think your entitled to keep the £400 

Emirates did not resolve my flight home as they were obliged to do by law. So, they are in breach of contract and therefore due to refund the costs of my booked flight PLUS as they cancelled the flight they are obliged to provide alternative flights, whether that be with themselves or another airline. This is why I'm seeking legal clarification. I'm not asking for something I'm not due, I don't have anything against giving my Insurers the money back if that's the case. I want to find out where I stand legally.

I don't want to take it as granted because the insurance company has simply asked for money. It's exactly the same as receiving a Parking Charge notice, just because you've received it doesn't means it is legal!

 Recouping funds from you will be outlined in the contract formed when taking out the insurance.

Have you read it? 

Thats where you stand legally. 

kelvinwebb

_shel said:

https://www.moneysavingexpert.com/site/forum-faqs/?_ga=2.192202410.1884522898.1604743694-514787830.1553440004

"Do not troll – deliberately cause upset or provoke disputes for your own amusement – or use alter egos to register multiple accounts, or re-register when you've been banned."

WOW! Maybe you should report me to the internet police.

Sorry Shel, I will no longer respond to your provocation for a dispute. I bid you a good evening.

Grumpy_chap

kelvinwebb said:

Emirates did not resolve my flight home as they were obliged to do by law. So, they are in breach of contract and therefore due to refund the costs of my booked flight PLUS as they cancelled the flight they are obliged to provide alternative flights, whether that be with themselves or another airline. This is why I'm seeking legal clarification. I'm not asking for something I'm not due, I don't have anything against giving my Insurers the money back if that's the case.

I am a bit confused as to why this is a query.

You had a contract for the supply of a service and the provider failed to provide the service or an alternative, so in breach of contract.

In the absence of anything else, you could pursue the provider through the civil courts for recovery of your losses as a result of their breach of contract.

Fortunately, you had the foresight to take out insurance to cover you in the event of the provider defaulting on the contract.  You claimed on the insurance so received the service from another provider, all arranged and paid for by the insurance company.  The insurance has worked as it should to put you back in the position you would have been had the original provider provided the service they should have provided.  This settles your claim.

In settling your claim, the insurer retains the option to pursue the original provider for recovery of the costs incurred for making good.  This is taking over your contractual rights with the original provider.  It will be in the contract of insurance that this happens and that you support the insurer in this endeavour.

The original provider has now made a refund to you of part of the cost for the original service that they failed to provide.  This refund is rightly due back to the insurer who has already incurred the costs of restoring your position to that which it always should have been.  There is no reason why you should have received the contracted service (albeit via a different provider) and the additional refund of £400.  

As for:

kelvinwebb said:

May I ask who here is speaking as a legal representative? 

You may find better support at https://solicitors.lawsociety.org.uk/ where you will be introduced to the appropriate professional service you wish to receive and can agree the appropriate fee commensurate with the level of expertise offered.

Having said that, the comments on this forum have been highly consistent in their content but the option of engaging a professional to provide the advice remains open to you.  Did your travel insurance, or does your household insurance, include any legal cover that will assist?

powerful_Rogue

You thought you had an early xmas with the bonus £400, it's now caught up with you.

You win some, you lose some. This battle you will certainly lose.

kelvinwebb

powerful_Rogue said:

You thought you had an early xmas with the bonus £400, it's now caught up with you.

You win some, you lose some. This battle you will certainly lose.

As I said we are still very much out of pocket. No, I don't think we had an early xmas bonus. I don't think anything to do with my situation is a bonus. I don't think anyone else on here who has found themselves in the same situation is considering it a bonus.

There is no battle going on here, I asked for clarification on my position.

As Grumpy Chap said if I need clarification my best bet is to ask my solicitor.