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Flight claims company sending threatening letters

edited 30 November -1 at 1:00AM in Flight Delay Compensation
949 replies 104.2K views
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  • edited 21 June 2019 at 5:23PM
    clairemiddletonclairemiddleton Forumite
    2 posts
    edited 21 June 2019 at 5:23PM
    How this company is still trading is beyond me!!!
    Again, like all of you guys...

    My sister signed what she thought was an enquiry form on 29/3/18 – FDCT got in contact on 19/4/18, obviously after the cooling off period date requesting further documents. At which point my sister had said that we did not require their services and that we were advised to go direct with the airline. From then, we received threatening emails, calls and invoices for their services of which we constantly challenged as we felt it was unfair to pay for a service that we did not receive.

    Last email communication with FDCT to myself was on 11/6/19 Demanding Payment within 14 days.

    Be prepared... Oh It gets better!!!

    14th January 2019 at 7:00am – My sister had a visit from the Bailiff demanding a payment of Debt amount of £2147.71 - First we knew of any court action taken against us both – First Paperwork we have ever received - Very distressing experience with young children present -This was paid via credit card under threatening circumstances of taking possessions etc from the home and also attending my parents’ house where i was currently living - It was not till after that we were told we should have never of paid it! Hence why we were prepared to take this further....

    Informed by DCBL following a letter of complaint – that a CCJ was issued against us both on 3/8/18 – due to non-compliance with the judgement, CLAIMENT INSTRUCTED DCBL- A High Court Writ – District Registry of Yeovil on 18/12/19 - Debt amount of £2147.71.

    After Bailiff attendance it became apparent through another neighbour on the street, that Court Papers were sent to another Resident on the street, not knowing my sister or myself and she returned them back before Xmas and called and spoke to the courts and explained that the names were not known at this address. WHY DID THEY NOT LOOK INTO THIS THEIR END!!

    We paid £255.00 to set the Judgement aside and the claim was transferred to the County Court at Bournemouth and Poole.

    We both attended court on 19.03.19, FDCT did not have anyone show up to represent them.
    The Judge asked some questions and worked out strait away that the papers were sent to the wrong address, so we did not have the opportunity to file for a defence and also the paperwork FDCT had sent did not match ours! The Judge agreed to set the judgement aside as a result of this and advised that the CCJ's would be removed instantly and the case reopened.

    We have since had to issue the court and FDCT with a statement of our defence and we have been issued a court hearing for a small claim track of which we are required to attend on 20.09.19. We have till 9th August to file all evidence to both the courts and FDCT prior to the hearing.

    We are pushing to receive all costs back from FDCT + Compensation now at this stage

    I will most certainly keep you posted on the outcome...
  • legal_magpielegal_magpie Forumite
    1.2K posts
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    If you had applied to set the judgment aside within 14 days of paying the HCEO and you notified them that you had done so, they are required to hold onto the money rather than paying it to FDCT.
  • edited 24 June 2019 at 2:49PM
    clairemiddletonclairemiddleton Forumite
    2 posts
    edited 24 June 2019 at 2:49PM
    Thank you for your message, however it was not within the 14 days as no court papers were ever received, therefore we had to hunt down the case!! Unfortunately it could take up to 8-10 working days for a response and also did not help that first time round they could not find the case number which was provided!
  • Good morning everyone,

    Well, as I mentioned before I live in Scotland, so I sent the acknowledgement back saying that I dispute the jurisdiction of the English court and asked for the claim to be struck out and I also referred to Schedule 4 paragraph 8(2).

    Yesterday, I received a Notice of proposed allocation to the small claims track, which stated that this is a defended claim and if I do not believe that this track is not the appropriate track for the claim to complete box C1 on the small claims Directions Questionnaire (Form N180) and explain why, which I did downloaded.

    Should I say the same as per previous, Schedule 4 paragraph 8(2)?

    Does anyone know?

    Thanks again guys, this group is my therapy..
  • Hi


    I've been reading this thread with interest. I'm in the same boat as many - quickly applied one lunchtime at work then realised I could claim directly via the airline(s) and received a very positive outcome.


    Now being threatened by phone, e-mail and letter by FDCT as I "cancelled" outside of the 14 day window (via e-mail 20 days after signing up simply saying I've applied directly thank you)


    BUT I live outside of the UK (ROI) and whilst I'm very keen to maintain my UK credit rating (they can't hit your credit file can they as I've not entered into a credit agreement?) I'm minded to simply ignore these guys as they have zero jurisdiction outside of the UK.


    Any comments on this proposed course of action?


    Thanks for any advice.
  • MccaffsMccaffs Forumite
    21 posts
    I don't know much about legal stuff, only what I've read in the likes of this forum but I'd guess that if you ignore them then you're right they can't touch you as you're in ROI but i think they could get a default judgement against you which is a CCJ i think and pretty sure this could affect your credit rating.

    If i was you I'd fight this as FDCT are losing case after case as the judges seem to see how they're just scammers entrapping people with legal loopholes.

    My own case is still pending, I live in Derry myself so have questionned the jurisdiction too but still waiting to hear.
  • legal_magpielegal_magpie Forumite
    1.2K posts
    Tenth Anniversary 1,000 Posts
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    Vassoulan. I suspect that your case will have been transferred to the Northampton County Court as you are in Scotland. You should definitely challenge the Jurisdiction of the English Court when you return your DQ and should cite the relevant authority. Ideally you could also apply for the case to be struck out by making a formal application but this would involve a Court fee. You might also write to the company inviting them to withdraw the claim on the basis that as you are in Scotland the claim should be reissued in Scotland. They may well agree.
  • MccaffsMccaffs Forumite
    21 posts
    Just found out today that FDCT's claim against me has been struck out. Haven't received postal confirmation yet but was told over the phone and also by e-mail and was assured I'll receive postal confirmation in the next few days.

    Not sure on what grounds it was struck out but will let you know when i find out.

    Obviously a huge relief after a nightmare that's gone on well over a year. If it wasn't for the positive messages on this forum and people describing how things have turned out well for them I may haven given up a long time ago and just paid up to get them off my back. So thank you to everyone for giving me hope and confidence that FDCT would get nowhere with this.

    I realise they can always reapply but the person i spoke to today at the court told me they hadn't received any application and even if they do there's no guarantee it will be accepted.

    Thanks again to everyone and for those whose case is still pending stick to your guns and don't give in!
  • edited 3 July 2019 at 10:36AM
    VassoulanVassoulan Forumite
    7 posts
    edited 3 July 2019 at 10:36AM
    Hello everyone, so I did sent the court questionnaire back and I stated again that I live in Scotland so according to Schedule 4 paragraph 8(2) I should be taken to Scottish courts pretty much.
    And yesterday I received the Notice of discontinuance :D from FDCT!!!
    I let the court know and they advised me to keep it as evidence and also to email it to them at: [email protected]
    So, that's me!!!!! Finally!! I will let Vanessa at the trading standards know. I think FDCT has found out about the group maybe or that trading standards are after them and start dropping cases that they see that people are ready to fight for. This is why no-one should pay them!! Do not fear, take it to the end even if you need to go to the court, to whoever I talked to they told me that there is no Judge that is gonna act in their favor.

    I hope I brought you some good new guys!!
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