Section 75 Claim Rejected - Other Options

Civvy21

Thank you eskbanker. That is extremely helpful.
If appears that the flight in question (EK66) has not operated since March 2020. Consequently I would assume it was cancelled by Emirates. We will try and get that confirmed although that isn't the easiest thing to do as usually Emirates just advise you to contact Budget Air. 
On that basis I would hope that her case would have some merit. 
A secondary issue is that it is possible Budget Air/Travix International do not have a physical presence in the UK. Which is why I was hoping whe could jointly claim against the credit card supplier.  I guess this isn't going to help matters either.
Has anybody out there successfully taken Budget Air to court and actually got their money refunded?

eskbanker

Civvy21 said:

A secondary issue is that it is possible Budget Air/Travix International do not have a physical presence in the UK.

No idea if it's viable as an address to serve court papers but https://www.budgetair.co.uk/about does include:

Our postal address is:

BudgetAir.co.uk

4th Floor, 8 Brewhouse Yard,

156-176 St John Street,

London EC1V 4DG

United Kingdom.

Civvy21

Thank you eskbanker.
Sorry I should have made it clearer. I meant if my family member were to win their case would the fact that Budget Air don't have much if a physical presence in the UK, apart from a postal address, be a further issue. 
I will look again at their travel insurance. I also wonder whether the legal cover on her house insurance may be of use here.
I've got plenty of time on my hands so happy to pursue any options available. I can't believe Budget Air may get away with this.

sheramber

Have a  search on facebook,  both Budget Air's and refund delay ones. Lots of people complaining and some suggestions of what people have done.

jiggy2

This wont help you as you are too late for a chargeback now - but I had booked flights for Aug 2020  via Budget Air (booking in Dec 2019). Flights didn't go ahead. We did a chargeback as soon as the flight dates had passed (as it was clear from forums / Facebook that BudgetAir weren't being helpful in dealing with refunds) and got the refund from the cc company - which Budget Air apparently disputed (Halifax cc didn't tell us what their grounds for dispute were). However, Halifax cc carried on with the chargeback and we have been told in Jan 2021 that the case is shut. Travel insurance wouldn't have helped as the airline was offering travel credit. 

Civvy21

Sheramber: Thanks. I'm not on Facebook but will get someone to have a look for me. It will help to know how other people have dealt with Budget Air.

Jiggy2: That's good to hear. One thing I have learnt from this is that even when you use a credit card you should go straight in with a chargeback claim. The section 75 claim can follow at a later date if necessary. 

macman

Civvy21 said:

Thank you eskbanker.
Sorry I should have made it clearer. I meant if my family member were to win their case would the fact that Budget Air don't have much if a physical presence in the UK, apart from a postal address, be a further issue. 
I will look again at their travel insurance. I also wonder whether the legal cover on her house insurance may be of use here.
I've got plenty of time on my hands so happy to pursue any options available. I can't believe Budget Air may get away with this.

Yes, because obtaining a judgement doesn't enforce it, and if they have no physical presence in the UK other than a mail forwarding address, then you cannot send in bailiffs to seize assets.