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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 2
    • wigwam12
    • By wigwam12 28th Aug 18, 10:54 AM
    • 86 Posts
    • 4 Thanks
    wigwam12
    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
    • JPears
    • By JPears 28th Aug 18, 11:52 AM
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    JPears
    I'd be tempted to use the old MCOL rather than the new Beta whcih you maybe offered. Whilst the beta interface is easier to use following the common UK.gov format, it doesn't seem to work very well as your case progresses.
    My case is showing that the defendant hasn't responded, even though they have, 2 weeks ago
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 28th Aug 18, 12:40 PM
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    wigwam12
    I'd be tempted to use the old MCOL rather than the new Beta whcih you maybe offered. Whilst the beta interface is easier to use following the common UK.gov format, it doesn't seem to work very well as your case progresses.
    My case is showing that the defendant hasn't responded, even though they have, 2 weeks ago
    Originally posted by JPears
    So would my particulars of claim be something like:
    "I contracted FDS in April 2017 to claim compensation on behalf of myself and my children under article 7 of EC261/2004 against Air Transat. This was for the delay to Flight XX on yyy. FDS confirmed in May 2017 that the claim was successful and I was due £2k in compensation. Despite a number of follow-up emails and calls they claimed to be unable to match payment from the airline.
    I contacted Air Transat myself in August 2018 who confirmed they had paid FDS £2k by bank transfer in May 2018. FDS has not responded to my correspondence since July 2018"?
    • JPears
    • By JPears 28th Aug 18, 3:32 PM
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    JPears
    Something like that. If you look in Vauban's guide and use a similar format, amending for your particular circumstances.


    To be fair the Beta version does ask more intuitive questions so if its your first MCOL experience, might be a good idea to use that?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 29th Aug 18, 11:59 PM
    • 86 Posts
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    wigwam12
    Something like that. If you look in Vauban's guide and use a similar format, amending for your particular circumstances.


    To be fair the Beta version does ask more intuitive questions so if its your first MCOL experience, might be a good idea to use that?
    Originally posted by JPears
    Thanks - that was lifted/adapted from Vauban
    uumm would I be claiming just against the company or company and director (ie 2 entities)? My understanding is that it's limited company I contracted with so it would be the company only?
    Last edited by wigwam12; 30-08-2018 at 12:11 AM.
    • Alan Bowen
    • By Alan Bowen 31st Aug 18, 10:58 AM
    • 3,409 Posts
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    Alan Bowen
    Regrettably, you can only sue the company not the man behind it. It seems he has been a director of 6 companies, the other 5 have been dissolved with no involvement of insolvency practitioners and so no investigation of the reasons behind the 'failures'. The last set of accounts suggest the company has a value of minus £21,500 so even if he does not defend the claim, I would not hold out any certainty of getting paid. Make sure you follow the rules on entering a default judgement as soon as you can and then seek advice on enforcement. It seems the registered address may not be his home address so your only hope may be to get the bailiffs or sheriffs to take the computers and put him out of business, again!
    • JPears
    • By JPears 31st Aug 18, 11:34 AM
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    JPears
    As part of the small claims process/judgment you can seek to declare the company bankrupt/wind up, in an effort to encourage payment.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 31st Aug 18, 10:12 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    Regrettably, you can only sue the company not the man behind it. It seems he has been a director of 6 companies, the other 5 have been dissolved with no involvement of insolvency practitioners and so no investigation of the reasons behind the 'failures'. The last set of accounts suggest the company has a value of minus £21,500 so even if he does not defend the claim, I would not hold out any certainty of getting paid. Make sure you follow the rules on entering a default judgement as soon as you can and then seek advice on enforcement. It seems the registered address may not be his home address so your only hope may be to get the bailiffs or sheriffs to take the computers and put him out of business, again!
    Originally posted by Alan Bowen
    Thanks.
    Yeah the company address is not his phone address (that’s in Northwich)
    Yes I fear I’ll “win” but still won’t get paid. I’ve seen online comments in July from people who say they have not been paid either for a year and when they push it have gotten threatening emails saying “withdraw those comments if you want any chance of seeing your money”
    • wigwam12
    • By wigwam12 31st Aug 18, 10:15 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    As part of the small claims process/judgment you can seek to declare the company bankrupt/wind up, in an effort to encourage payment.
    Originally posted by JPears
    Will look to do that.
    But as said above I suspect we won’t give a fig as it’s something like £35 to just open a new company at the same place.
    But hey it will cause some inconvenience at least perhaps...
    • wigwam12
    • By wigwam12 8th Sep 18, 12:16 PM
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    wigwam12
    Interesting development.
    Got a letter from the company - long and telling us we didn’t give them enough time etc etc but they have made a reasonable settlement offer (amount less 20% fees but including our court fees)
    To be paid within 14 days of receipt of letter confirming case will be withdrawn from court.

    So if I’m minded to accept I need to write to the Court and ask to stay the proceedings as a settlement has been agreed but time is required to make the payment, & that I will withdraw as soon as payment is received?
    Can anyone advise who I actually write to at the court as it’s all online so far.

    I’m guessing I’ll cc them to the court letter with the signed forms.
    • Bookends
    • By Bookends 9th Sep 18, 10:31 AM
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    Bookends
    Seems to me accepting the terms as offered would be to throw away your strongest card. Why not put it to the company you'll withdraw court proceedings after their payment has been received, banked and cleared.
    And why accept 20% less? This is a company which obtained money on your behalf and then failed to hand it over. I'd go for the whole amount plus interest.
    • JPears
    • By JPears 9th Sep 18, 10:53 AM
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    JPears
    I agree with bookends. You have a considerable advantage, use it to the full.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 9th Sep 18, 5:07 PM
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    wigwam12
    Seems to me accepting the terms as offered would be to throw away your strongest card. Why not put it to the company you'll withdraw court proceedings after their payment has been received, banked and cleared.
    And why accept 20% less? This is a company which obtained money on your behalf and then failed to hand it over. I'd go for the whole amount plus interest.
    Originally posted by Bookends
    Below is a redacted version of the letter (just in case)
    My concern is that if the judge suggests there is no breach of contract then the terms they offered is better than the 30% initial deal in which case I didn’t use reasonable means to prevent going to court A d would be liable for fees?

    Note the wheezley words still - they never deny getting the money just that they can’t match it etc.

    Last edited by wigwam12; 09-09-2018 at 5:09 PM.
    • JPears
    • By JPears 9th Sep 18, 8:18 PM
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    JPears
    Whilst 7 days is a little short as far as CPR protocol goes, the fact that this company got paid more than 12 months ago (?) and repeatedly ignored your repeated requests (?) for payment all but cancels out their disingenuous response/offer.
    This dubious company only responded when you took legal action which forced their hand. Speaks volumes and I suspect a judge would consider so too.
    If I receive a complaint I am required to provide a response within 2 days. It's not as if your request came out of the blue.

    I have put ?s where I am not sure of your history/timeline.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 9th Sep 18, 11:53 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    Whilst 7 days is a little short as far as CPR protocol goes, the fact that this company got paid more than 12 months ago (?) and repeatedly ignored your repeated requests (?) for payment all but cancels out their disingenuous response/offer.
    This dubious company only responded when you took legal action which forced their hand. Speaks volumes and I suspect a judge would consider so too.
    If I receive a complaint I am required to provide a response within 2 days. It's not as if your request came out of the blue.

    I have put ?s where I am not sure of your history/timeline.
    Originally posted by JPears
    Yep your history and timeline are correct.
    They got the money May 2017 and I have emailed and responses from them on multiple occasions from Aug 2017 through to July 2018
    • JPears
    • By JPears 10th Sep 18, 2:28 PM
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    JPears
    So essentially, they attempted to defraud you of a considerable amount of money and replied with a pathetic, BS response.
    Don't give any quarter here, demand the full amount.
    IMO, a judge would more than likely look unfavourably on this company's behaviour.
    Last edited by JPears; 10-09-2018 at 2:38 PM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Bookends
    • By Bookends 10th Sep 18, 6:09 PM
    • 10 Posts
    • 6 Thanks
    Bookends
    You have this company by the short and curlies. Bear in mind a court claim can be withdrawn at the courtroom door. Demand the money be paid otherwise you will put the facts before the judge. I'm certain a hudge would look unfavourably on the company's behaviour in delaying payment, the attempts at fobbing you off and the terms & conditions which seem unfair at best. You should be seriously considering reporting this company to Trading Standards or Action Fraud.
    • wigwam12
    • By wigwam12 10th Sep 18, 6:52 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    You have this company by the short and curlies. Bear in mind a court claim can be withdrawn at the courtroom door. Demand the money be paid otherwise you will put the facts before the judge. I'm certain a hudge would look unfavourably on the company's behaviour in delaying payment, the attempts at fobbing you off and the terms & conditions which seem unfair at best. You should be seriously considering reporting this company to Trading Standards or Action Fraud.
    Originally posted by Bookends
    I will almost certainly be reporting them either way.
    Are you suggesting I write back to them directly and in the meantime tell the court we are in mediation/negotiations so tread water?
    • JPears
    • By JPears 10th Sep 18, 8:23 PM
    • 4,852 Posts
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    JPears
    Yes I think that is best thing to do. That will also in your favour should it go to court.
    Have they sent an AoS to the court, or submitted a defence?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wigwam12
    • By wigwam12 10th Sep 18, 10:15 PM
    • 86 Posts
    • 4 Thanks
    wigwam12
    Yes I think that is best thing to do. That will also in your favour should it go to court.
    Have they sent an AoS to the court, or submitted a defence?
    Originally posted by JPears
    No it still says they are waiting for a response on my claim.


    And I am basically saying "nice try, do better"?
    Also should I mention we asked them in July for a response which they offered to provide but failed to do so until we issused procedings?
    Last edited by wigwam12; 10-09-2018 at 11:24 PM.
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