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  • Homer_J
    Sorry I have not answered you; in part due to being away.

    I will detail what has happened - note the heading - on Monday (I hope). Good news follows....

    Lionel
    Originally posted by lionel leventhal
    I'm intrigued!!
    • eslick
    • By eslick 16th Oct 10, 8:29 PM
    • 2,038 Posts
    • 1,321 Thanks
    eslick
    well done Lionel
  • lionel leventhal
    Paid in Full



    Good afternoon all. Good afternoon Sue, Homer_J, Cityboy, et al. My claim through the Small Claims procedure has brought payment in full.

    There were three parts to my claim, and all have been paid:

    1. Reimbursement of all expenses. that is 100%.

    2. Interest, @ 8% (provided for under Section 69 of the County Court Act 1984).

    3. Court Fee. In my case it was 225, and this high sum was because my claim was substantial: I was claiming for seven people, and we stayed at a good hotel.

    In preparation for the legal action I followed all the steps I have written about (see earlier, such as Posting 37 of 24th September) and I gathered all the papers that would be relevant to a Court (I think that it was a Roman Senator who said that 'he who aspires to peace should prepare for war..').

    In this, I was aided by my excellent travel agent (Beaver of Radlett) and the tour operator (Prestige Holidays).

    Although anyone is quite rightly hesitant about going to Court, the procedure is really very simple. I am sure however that your local Citizens Advice Bureau can aid you with the form.

    Cyprus Airways responded a week after being served, saying that they 'want to resolve this without attending Court'. They queried a number of small matters, but I stuck by them and said that they were essential expenses.

    I rather think that the London office is not able to act independently, and all decisions come from Nicosia, and my reading of the situation is that Nicosia has said that no-one is to be paid... I think, frankly, that all the airlines that have not responded to passengers, or are making it very difficult to pursue a claim, are reckoning on people just giving up, getting too tired, and abandoning their claim.

    I have come to the conclusion that media PR is great, but doesn't necessarily bring results (ie: cash!). None of my letters to the Media, to officials or officialdom have brought any response, any interest. Even if they did, there is nothing to enforce the publicity exposure against the airline in making them pay what they should. Regulatory bodies may possibly eventually work, but take too long. It is my impression from other situations that enforcing European Union Law can take years!

    With hindsight, my only regret is not having initiated the Small Claims procedure three months ago.

    Last Friday saw the six month anniversary of the start of the volcanic ash cloud, and also confirmation of the payment in full of my claim...

    Good wishes to all in pursuing claims against Cyprus Airways and all the other airlines who have yet to settle.

    LIONEL
  • lionel leventhal
    Attention Cityboy
    Hi

    I think you have tried to send me a private message, but I can't access it. There is a pop up blocker blocking it. How might I cantact you?
  • Homer_J
    Great result Lionel, well done - you're an inspiration to us all!! Make sure you post on eslick's "successful claims" post, it's looking a bit 'esick'...

    http://forums.moneysavingexpert.com/showthread.php?t=2535529
    • eslick
    • By eslick 20th Oct 10, 9:50 PM
    • 2,038 Posts
    • 1,321 Thanks
    eslick
    Great result Lionel, well done - you're an inspiration to us all!! Make sure you post on eslick's "successful claims" post, it's looking a bit 'esick'...

    http://forums.moneysavingexpert.com/showthread.php?t=2535529
    Originally posted by Homer_J
    haha think that thread died a death
  • lionel leventhal
    I have been interested in how many hits - nearly 400 - have been received on the Cyprus Airways thread since I posted my 'Paid In Full' good news, and cross referenced it to a number of other threads.

    Although there may well have been certain duplication, I think that there now must be quite a number of people who have been given good heart in taking the Small Claims route to pursue their claim.

    Frankly, whatever airline you have claimed from if now, over six months since the volcanic ash, you have not received satisfaction I see no alternative. If you don't go the Small Claims route, I think you are waving goodbye to whatever is owed you.

    Although you have to present your claim exactly as they require, the Small Claims route is inexpensive and user-friendly.

    Cityboy: I didn't respond to your last posting because the Media had been so unresponsive to their telling of my story up to the date of writing to them. I thought however that BBC TV Watchdog and maybe others were monitoring this whole site and might contact me, and then I certainly would have been prepared to tell my story.

    Perhaps however there could be film rights involved, and I thought Cary Grant could play my role (perhaps its a generational thing) and I assumed that you would be played by Brad Pitt.

    All good wishes to all who have to make a claim.

    Yours,
    LIONEL
  • lionel leventhal
    What a wonderful suggestion1 But I do not think Cyprus Airways are actually malevolent. How about Jim Carrey?
  • satinred
    got my money from cyprus airways
    Cyprus Airways paid me for my hotel accomodation after taking proceeding against them using the small claims court online service which is a website called moneyclaim. Using this service it took about 10 minutes to register and make the claim - no need to troop off to your local county court. It costs 60 pounds to make the claim but its well worth it. I would encourage everyone else with a grievance against Cyprus Airways to do the same- the way they have treated me a customer was unbelievable
    1. Back in April I had to wait 12 days after they started flying again to get a confirmed flight back to the UK
    2 They didn't bother to acknowledge my fax requesting compensation
    3. They then offered a 120 euro voucher for another flight - as if I would fly with them again - they have put me off cyprus for life
    4. Then making me go through the courts to get my money back

    Their customer service is unbelievably poor and it makes you so angry you feel you have got to take action against them
  • Everhopeful1
    Action against Monarch
    Well done Lionel, and thank you for posting your result.

    We have only just discovered this site, whilst researching before we make a decision as to whether to take Monarch Airlines to County Court. It would be really helpful if others who have successfully taken Court action through to full hearing could post, as I suspect Monarch will not settle out of Court (based on the tone and content of their letters). Any previous findings would be most useful.

    Your news has encouraged us, the thought of court action and the stress it might cause was a concern. However, the way in which Monarch has dealt with us, both at the time of the incident and subsequently (not to mention the derisory offer of 20 in full and final settlement !) together with Lionel's news and the last entry from satinred, makes us more determined than ever to proceed.

    I will update should we make any progress.

    It is a bizarre situation whereby the airlines seem to acknowledge that they failed to meet their 'duty of care' under European Legislation. Acknowledge that they should meet the costs incurred as result of that failure. Then, even with documentary evidence to show those costs, refuse to pay them.

    As a final insult, they claim that my insurance is responsible for meeting some of the cost of their failure to comply with the legislation. Surely that is a matter for their insurers or at least offer to pay the cost of my insurance policy.

    I'd better stop now before I rant !

    Wishing you all the best.
  • Everhopeful1
    Home insurance cover
    Hi all,

    many thanks Cityboy, I wish we had found this site earlier !

    I have spent some time looking through some of the threads in relation to this, it is heartening to see it is not just us who have been treated in this way. I presume that the lack of real competition means that Monarch do not care about their reputation or customer service and loyalty. That and the fact that the airlines appear to be sticking together on this one.

    We have not flown since.

    I have just come off the phone to my home insurance company, having seen other posts who suggested this route. They were very helpful and said it was possibly a case with which they can assist. What a nice, helpful man. They are also the same insurance company that provided my travel insurance so will know fully what the terms of the policy were.

    They are sending a claim form through the post.

    Hope ? We'll see.
  • Homer_J
    County Court paperwork has been submitted, will post the outcome when we hear back. I would strongly suggest that anyone thinking about taking similar action does so ASAP - loads of news reports about them being in financial difficulties and their sister-carrier, Eurocypria, has just been shut down!!
  • lionel leventhal
    Today's TIMES
    There is a two-page article about airlines delaying payment in THE TIMES today, on page 90-91

    How do I open PMs? I am frustated by not being able to possibly respond to someone.

    Lionel
    • eslick
    • By eslick 20th Nov 10, 8:16 PM
    • 2,038 Posts
    • 1,321 Thanks
    eslick
    There is a two-page article about airlines delaying payment in THE TIMES today, on page 90-91

    How do I open PMs? I am frustated by not being able to possibly respond to someone.

    Lionel
    Originally posted by lionel leventhal
    thanks at the top of the page cwhere it says welcome and then your username it says private messages, just click on that
  • lionel leventhal
    Many thanks eslick, but I am afraid I still don't understand, and can't access the PM's. I hope there is nothing important!

    From my experience, responding to a posting, court action is not stressful, and not intimidating. You must follow their procedure, and in my case, Cyprus Airways settled when they received the official paperwork that action had commenced. But if the airline does not bail out at that point, does not settle, you proceed according to simple instructions with a mutual exchange of case details. That is the next point, I guess, at which the airline could settle. But if it goes to court, the court is not like you see on television! There is no prosecuting council, or cross examination. You are seated in the judges chambers. There would be just you and a person from the airline, plus perhaps just one other involved person, and the judge. There is no panopoly of law, the judge is alone. He has read the file, and he asks several questions, and he decides on the matter. He will not be wearing wig, cloak, or anything (normal clothes). It is simple, like Judge Judy on afternoon TV, but no audience, no jokes or hectoring. Although I won the case in question, I came away thinking how clear and simple the whole procedure was. Hence I would not hesitate again, and my only regret is not bringing the Small Claims action earlier against Cyprus Airways.

    When making a claim, you add interest to the sum (8%) and also the court fee which you have paid in order to make the claim. In my case, as you may have read, Cyprus Airways paid both without challenging.

    Good luck.

    Lionel
    • Coupon-mad
    • By Coupon-mad 21st Nov 10, 10:38 AM
    • 78,788 Posts
    • 92,581 Thanks
    Coupon-mad
    Many thanks eslick, but I am afraid I still don't understand, and can't access the PM's. I hope there is nothing important!

    Lionel
    Originally posted by lionel leventhal

    Re the pm's: where you can see that it says 'private messages' (in blue) then 'unread 1,' in bold, just click on the blue words 'private messages' (blue tells you it's a link - in this case it takes you to your pm inbox).

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lionel leventhal
    PMs
    Thank you, Coupon-mad. Lionel
  • lionel leventhal
    Insurance Times
    Good morning all

    In today's INSURANCE TIMES is a story about what appears to be a significant case in the small claims court, in Yeovil. It says "Insurers are preparing for a flood of payouts for ash cloud compensation after a policyholder won a legal battle that the disruption could be classed as 'weather related' "
  • glendo90
    Given this ruling, does it therefore leave the airlines still refusing to pay out on grounds of 'exceptional circumstances' on even more dodgy ground if the delays have been attributed to the weather in the courts.

    or

    Will it mean my case - currently in the Small Claims track via MoneyClaimOnline - loses some weight whilst BMIBaby pass the onus back (again) to my insurers?

    Karl
  • glendo90
    Thanks again Cityboy.
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