Insurance company trying to claw back flight refund from me.

Grumpy_chap

kelvinwebb said:

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.

There clearly is a battle going on here - you are battling with everyone who gives an answer that is not as you desire.

You have received clarification on your position - every response is entirely consistent.  What part remains unclear?

I did not say your best bet is to ask a solicitor if you need clarification.  You specifically asked "who here is speaking as a legal representative?" to which I gave the suggestion to engage the appropriate professional if that is what you require.  To engage a solicitor over £400 would be absolute madness!

Hopefully you are now crystal clear about the message from this thread, even if the message is not what you hoped for.

Takmon

kelvinwebb said:

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.

You were due to fly back home. If the flight had happened as normal you would have flown home but not had £400 cash. You claimed on your insurance and they paid for your flight home plus you had £400 cash.

So you have a £400 bonus. Insurance if supposed to cover your losses and not make you better off.

Any other events and transactions are separate to this. I'm not sure how you could possibly think your entitled to keep the £400 and nobody with any sense will think you are due to keep it either. 

couriervanman

I think the OP is regretting posting now......not getting the answer he was expecting 

mattyprice4004

Your solicitor will tell you exactly the same as you’ve been told here, and be charged for the privilege.

Unlucky!

Caz3121

kelvinwebb said:

. 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.

it is a replacement flight OR a refund...you don't get both
Also be clear which regulations you are deeming they are in breach of. EU261 does not apply here (non-EU airline departing the EU) so you would be looking at the airline conditions of carriage which state

"Cancellation by Emirates

In the event that we cancel your flight, we will offer you the choice of one of the three remedies below:

1. We will rebook you in the same class on the next available flight (without any charge to you);
2. We will carry you to your final destination by an agreed means (and refund any difference in the fare, taxes, fees, charges and surcharges to you); or
3. A full refund in accordance with Article 10.2 of our Conditions of Carriage."

If you received a refund plus an alternate flight, that would be two of the remedies.

sheramber

kelvinwebb said:

Grumpy_chap said:

Yes, the Emirates refund is the cost that needs to go to the insurance company to pay for the Qatar flight.  Emirates cannot pay the costs twice.  You should not expect to profit.

Emirates are bound by law to provide alternative flights when cancelling a flight, they did not. And let me assure everyone here, we will not be profiting from any of this situation. These are just of 2 of 7 flights that were cancelled, along with various hotel stays, trains, visas etc etc. FYI the insurance claim remains outstanding, it was submitted in April, 8 months ago!

The other flight s and other extra expenses are nothing to do with Emirates refund. You cannot use their money to offset the other expenses.  These are a separate claim for your insurance company if your policy covers you for consequential losses.

Aylesbury_Duck

kelvinwebb said:

Aylesbury_Duck said:

Don't be greedy.

PMSL you do know this MoneySavingExpert.com and not PhilanthropicExperts.com or BendOverAndTakeItExpertly.com don't you? Did you come on to the wrong forum today?

No, I'm intelligent enough to grasp the difference between money saving and greed.  You are being greedy.

Jonesy1977

mattyprice4004 said:

Your solicitor will tell you exactly the same as you’ve been told here, and be charged for the privilege.

Unlucky!

Probably £400 

JamoLew

kelvinwebb said:

JamoLew said:

you seem to have a fundamental misunderstanding.

Put it this way -- why do you think you should have/keep the £400 ?

You had a flight booked home and you flew home - why should you profit from that (ignoring any possible delay compensation, out of pocket expenses etc)

Because my insurance company will have recovered the full cost of the Qatar flights from Emirates as they are bound in law to do so.

well if you read what i said - i did state that you would be entitled to out of pocket expenses - but you have to evidence and claim for them - not just assign an arbitrary figure to it and say "that sounds about right, this £400 will cover that"

Your initial post mentioned nothing about you being out of pocket etc etc, you added that later.

people post here to try and help, but will get very frustrated at being drip fed information/facts

JamoLew

kelvinwebb said:

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.

apologies if I am incorrect/wrong but I don't see any prior mention of this