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  • FIRST POST
    • wigwam12
    • By wigwam12 14th Jul 18, 4:02 PM
    • 86Posts
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    wigwam12
    Problem with a Flight Delay Company - How do I Escalate?
    • #1
    • 14th Jul 18, 4:02 PM
    Problem with a Flight Delay Company - How do I Escalate? 14th Jul 18 at 4:02 PM
    Slightly odd one this but would appreciate some help.
    TLDR: How do I escalate against a compensation company that said I had a confirmed compensation amount in May 2017 but still have no money?



    My wife signed up to use a company delayedflights.com in 2017 to pursue compensation for delayed flight (with Air Transat).
    She received and email in May 2017 confirming the claim was a successful to the tune of about 」2000 and they included the indication invoice of their cut.
    Email said it can take 60-80 days to receive payment
    But despite emailing them roughly every 3 months we keep getting fobbed off with comments like "we are unfortunately unable to match payment from the Airline yet....we only get paid when you get paid etc"


    As it's now nearly 14 months later I had had enough so have looked to try to push matters with them only to find:
    They no longer have a telephone number - contact is online only.
    The T&Cs say details of complaints procedure "available on request"
    So I sent a webform enquiry asking for the complaints policy (no reply).
    I used their Facebook page only to kept being told it is for new cutomers and it use their webform.
    They have clearly got my messages as they acknowledged I had been in contact via Facebook in a "we will review and get back to you" email to my wife a couple of weeks ago.


    What are my options for escalating and pursuing this matter please?
    Thanks
Page 1
    • JPears
    • By JPears 14th Jul 18, 4:55 PM
    • 4,829 Posts
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    JPears
    • #2
    • 14th Jul 18, 4:55 PM
    • #2
    • 14th Jul 18, 4:55 PM
    If it were me I would send a letter stating breach of contract/service terminating any agreement with immediate effect. If you have a valid compensation claim against Air Transat, just put the claim in direct to the airline.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Alan Bowen
    • By Alan Bowen 16th Jul 18, 3:23 PM
    • 3,382 Posts
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    Alan Bowen
    • #3
    • 16th Jul 18, 3:23 PM
    • #3
    • 16th Jul 18, 3:23 PM
    I suspect they have done nothing at all in which case take it directly to Air Transat, however, if they were telling the truth when they said the claim had been settled and the airline has paid your agent delayedflights.com, they are not going to pay out a second time and you will need to sue the company.

    It is a very small, possibly one man, (Thomas John Atherton) business with a registered office of the top floor 208A Ashley Road Hale Altringham WA15 9SN. I would write one letter addressed to him giving him 14 days to pay up or you will sue for the amount he claimed to have received on your behalf. Looking at google maps it may well be a second floor flat above a parade of shops.....
    • JPears
    • By JPears 16th Jul 18, 6:51 PM
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    JPears
    • #4
    • 16th Jul 18, 6:51 PM
    • #4
    • 16th Jul 18, 6:51 PM
    Haven't we been here before? Specifically with this address and with other rogue companies pocketing the money?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 18th Jul 18, 12:26 AM
    • 86 Posts
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    wigwam12
    • #5
    • 18th Jul 18, 12:26 AM
    • #5
    • 18th Jul 18, 12:26 AM
    I suspect they have done nothing at all in which case take it directly to Air Transat, however, if they were telling the truth when they said the claim had been settled and the airline has paid your agent delayedflights.com, they are not going to pay out a second time and you will need to sue the company.

    It is a very small, possibly one man, (Thomas John Atherton) business with a registered office of the top floor 208A Ashley Road Hale Altringham WA15 9SN. I would write one letter addressed to him giving him 14 days to pay up or you will sue for the amount he claimed to have received on your behalf. Looking at google maps it may well be a second floor flat above a parade of shops.....
    Originally posted by Alan Bowen

    Oh dear
    Here is what he actually said back in May 2017:


    Our reference: xxxxxx - xxxxxxxx
    Congratulations on your WIN for compensation with Air Transat.
    Air Transat have awarded you compensation to the value of 」2033.88.
    Our fee of 30% +VAT will be due as soon as we have received payment from the airline. As per our Terms of Engagement and the signed Letter of Authority, the payment will be sent to us, which once cleared our fee will be taken and payment will be sent to you without delay.
    Please note, we chase payments on a regular basis and our interests are mutually aligned to receive the payment from the airline as quickly as possible.
    Payments are taking on average 60-80 actual days to be received. This is based upon the airline stating that payments are taking 56 working days on average, this is because the airlines have backlogs with their workloads. In some instances, payments can take a lot longer than this. We hope to reduce this time, however cannot guarantee this as there is no easy way of enforcing that the airline make payment within a guaranteed time frame.
    If this amount is received directly then please inform us immediately so that we can advise the next best course of action. This is important as the payment you receive may be a lesser amount than you are due.
    Enclosed is a copy of our invoice for your records. Please note, our Invoice is not payable until you receive the compensation



    And there was invoice for 」732.19


    Then on 17th Sept 2017 after more pushing he replied:
    Thank you for your email. In relation to your case we are unfortunately unable to match payment from the Airline yet.
    It is imperative for you to understand that our interests are mutually aligned in that we only receive payment when you received compensation.
    The Airlines are currently using every trick available in an attempt to delay making payment on certain cases.
    Our accounts team are heavily chasing the Airline and will continue to do so. We are one of the longest standing Claims Management Companies within the Industry and have successfully dealt with thousands of claims in this exact position.
    Once we have a further update we will inform you accordingly.


    And the most recent contact on 5th July says simply:


    05 July 2018

    Dear Ms YYY,
    We have received your emails and the Facebook contact from Mr YYY.
    We are reviewing your contact and will be in touch shortly after a review.
    Yours Sincerely,
    • JPears
    • By JPears 18th Jul 18, 8:54 AM
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    JPears
    • #6
    • 18th Jul 18, 8:54 AM
    • #6
    • 18th Jul 18, 8:54 AM
    Have you contacted Air Transat to see if they have actually paid out the compensation?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 18th Jul 18, 2:31 PM
    • 86 Posts
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    wigwam12
    • #7
    • 18th Jul 18, 2:31 PM
    • #7
    • 18th Jul 18, 2:31 PM
    No not yet. I!!!8217;m just trying to get my ducks in a row so I know what to do when. I will do that first and take it from there.
    Thanks
    • wigwam12
    • By wigwam12 18th Jul 18, 2:32 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    • #8
    • 18th Jul 18, 2:32 PM
    • #8
    • 18th Jul 18, 2:32 PM
    Will hunt out the correct address to contact
    • wigwam12
    • By wigwam12 14th Aug 18, 4:38 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    • #9
    • 14th Aug 18, 4:38 PM
    • #9
    • 14th Aug 18, 4:38 PM
    Have you contacted Air Transat to see if they have actually paid out the compensation?
    Originally posted by JPears
    So - Air Transat have emailed me back today confirming they authorised payment in May 2017.
    He still hasn't followed-up from his email from a month ago when he said he would "look into it and get back"

    So - not looking good
    I was thinking to write recorded delivery to the registered address initially softly-softly pointing out airline response and that perhaps it is just an accounting error - if so pay up within 7 days.
    Fist in velvet glove that if we don't receive payment within 7 days we will assume it is more than an accounting error and will refer the matter to the police for possible fraud.

    Who else could I escalate to though? ICO office for misuse of data? Is there a relevant ombudsman?
    I am not too hopeful here but I want to know what the channels of escalation are to make the "threat" aspect after the "might all be an innocent mistake" bit more credible.

    Similarly I doubt he will forego his 30%+vat fee is he DOES pay up and I am not sure if I should broach that bit at all or if getting ANYTHING is better than nothing type thing?

    Advice appreciated.
    Thanks
    • wigwam12
    • By wigwam12 14th Aug 18, 4:40 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    I suspect they have done nothing at all in which case take it directly to Air Transat, however, if they were telling the truth when they said the claim had been settled and the airline has paid your agent delayedflights.com, they are not going to pay out a second time and you will need to sue the company.

    It is a very small, possibly one man, (Thomas John Atherton) business with a registered office of the top floor 208A Ashley Road Hale Altringham WA15 9SN. I would write one letter addressed to him giving him 14 days to pay up or you will sue for the amount he claimed to have received on your behalf. Looking at google maps it may well be a second floor flat above a parade of shops.....
    Originally posted by Alan Bowen
    So is this a police matter or small claims court matter?
    • JPears
    • By JPears 14th Aug 18, 5:14 PM
    • 4,829 Posts
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    JPears
    It potentially is fraud if you have contacted him and he has payment from Air Transat.
    If it were me:
    1. Letter to said company, pointing out that Air Transat made the payment to him/her in May 2017 and that you expect payment, confirmed in your bank account, by 7 days. 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.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • DrA_Harrogate
    • By DrA_Harrogate 14th Aug 18, 6:06 PM
    • 298 Posts
    • 107 Thanks
    DrA_Harrogate
    Not received compensation
    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
    • By wigwam12 14th Aug 18, 6:26 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    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
    • By DrA_Harrogate 14th Aug 18, 6:42 PM
    • 298 Posts
    • 107 Thanks
    DrA_Harrogate
    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
    • By wigwam12 14th Aug 18, 8:43 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    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
    • By wigwam12 14th Aug 18, 8:59 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    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.
    Originally posted by JPears
    Really sorry can I clarify I thing.
    In the NBA I need to list how much I知 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知 guessing if I知 saying if he doesn稚 pay I値l add a late payment fee (I need to justify the amount so just 的 did all the work so I should get rg equivalent amount?) and in step 2 that I値l chase court for the full amount that here it痴 still as per contract ie less his fees?

    As this is his 6th directorship at age 29 I suspect he won稚 give a fig but what the heck!
    • JPears
    • By JPears 14th Aug 18, 10:32 PM
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    JPears
    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
    • By JPears 14th Aug 18, 10:47 PM
    • 4,829 Posts
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    JPears
    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
    • By JPears 14th Aug 18, 10:48 PM
    • 4,829 Posts
    • 1,307 Thanks
    JPears
    Companies House showing considerable liabilities, no assets...
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 15th Aug 18, 3:20 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    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.
    Originally posted by JPears
    They just replied back confirming it was paid by bank transfer on that date. I値l get drafting tonight!
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