Problem with a Flight Delay Company - How do I Escalate?

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  • DrA_Harrogate
    DrA_Harrogate Posts: 341 Forumite
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    Fascinating and very frustrating for the complainant. The company would seem to be registered at Companies House with address and accounts although not much money, so you have an address for the NBA letter. I notice from the e-mail from the airline that the payment was 'authorised' - this may or may not be the same thing as paid!


    Anyway an NBA should hurry things along a little...
  • wigwam12
    wigwam12 Posts: 86 Forumite
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    Yes I did spot the wording of it being authorised and should probably have added that I emailed back asking them t confirm if it was actually paid.

    Even so i would have expected him to do more than nothing for 15 months just sitting for payment - such as escalating with them to court etc.

    Could I ask please what is an NBA? Do I need to use any specific wording for this?
    (And I!!!8217;ll google what an MCOL is but would value clarification)
    I take it court papers means costs?

    Good point about Trading Standards!

    Thanks for the continued help and support
  • DrA_Harrogate
    DrA_Harrogate Posts: 341 Forumite
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    Aha! You need to download Vauban's marvellous guide (google). NBA means "Notice Before Action" btw but all will becomes clear when you read the guide, although much of it will not be relevant to you. Do register with MCOL - Money Claim Online (a government dept). I think it was about £50 to issue proceedings (registering is free so you pay when you start proceedings) but they do send the virtual thumbscrews to the debtor and can find in your favour if they get no reply
  • wigwam12
    wigwam12 Posts: 86 Forumite
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    Brilliant thanks I will do.
    BTW Air Transat PROCESSED the payment in May 2017 not authorised (I misread it) so he has been sat in it for a year pretending not to have it.

    I!!!8217;ll read the guide!
  • wigwam12
    wigwam12 Posts: 86 Forumite
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    JPears wrote: »
    Make your letter an NBA. Also state that if payment not made you will add a late payment fee = to his fees and seek legal recovery.

    2. If no payment then complete MCOL to issue court papers for the full amount.

    3. Consider reporting to Trading Standards. Although there is potential theft, I doubt police will want to know or get involved.

    Really sorry can I clarify I thing.
    In the NBA I need to list how much I’m claiming for and why.
    So am I asking for the full £2k at this stage or £1.4k (ie less the fees he charges)?
    I’m guessing if I’m saying if he doesn’t pay I’ll add a late payment fee (I need to justify the amount so just “I did all the work so I should get rg equivalent amount?) and in step 2 that I’ll chase court for the full amount that here it’s still as per contract ie less his fees?

    As this is his 6th directorship at age 29 I suspect he won’t give a fig but what the heck!
  • JPears
    JPears Posts: 5,086 Forumite
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    Yep in the NBA you state the a amount he owes you which is all the reg 261/2004 compensation.
    In my mind, if Air Transat have paid him and he's not paid you 15 months later, despite several enquiries, that is a breach of contract which then becomes null and void.
    However, until you have confirmed with Air Transat that payment has actually been made I would do nothing.
    If said person is reading this forum, let's hope they see sense now they've been rumbled. Might be worth digging deeper into the business registrations see what else is going on.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears
    JPears Posts: 5,086 Forumite
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    Just a little googling, looks like a chancer, wouldn't trust as far as I could spit.....
    .
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears
    JPears Posts: 5,086 Forumite
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    Companies House showing considerable liabilities, no assets...
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • wigwam12
    wigwam12 Posts: 86 Forumite
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    JPears wrote: »
    Yep in the NBA you state the a amount he owes you which is all the reg 261/2004 compensation.
    In my mind, if Air Transat have paid him and he's not paid you 15 months later, despite several enquiries, that is a breach of contract which then becomes null and void.
    However, until you have confirmed with Air Transat that payment has actually been made I would do nothing.
    If said person is reading this forum, let's hope they see sense now they've been rumbled. Might be worth digging deeper into the business registrations see what else is going on.

    They just replied back confirming it was paid by bank transfer on that date. I’ll get drafting tonight!
  • wigwam12
    wigwam12 Posts: 86 Forumite
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    Well I am sure you'll be stunned to learn that we have had no response and no payment to the NBA sent 8 days ago (bank holiday accepted)
    After 5pm today I'll be registering and learning how MCOL works I guess
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