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

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  • JPears
    JPears Posts: 5,086 Forumite
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    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
    wigwam12 Posts: 86 Forumite
    edited 9 September 2018 at 5:09PM
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    Bookends wrote: »
    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.

    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.
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  • JPears
    JPears Posts: 5,086 Forumite
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    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
    wigwam12 Posts: 86 Forumite
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    JPears wrote: »
    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.

    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
    JPears Posts: 5,086 Forumite
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    edited 10 September 2018 at 2:38PM
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    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.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Bookends
    Bookends Posts: 30 Forumite
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    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
    wigwam12 Posts: 86 Forumite
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    Bookends wrote: »
    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.

    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
    JPears Posts: 5,086 Forumite
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    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
    wigwam12 Posts: 86 Forumite
    edited 10 September 2018 at 11:24PM
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    JPears wrote: »
    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?
    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?
  • Bookends
    Bookends Posts: 30 Forumite
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    Who is waiting for a response to the claim?


    Yes, write back to the company, reiterate your stance. The letter you have received appears to give nothing more than a promise to pay up once you have turned down the heat on this company. No guarantees your money will actually be paid appear to have been made - and it is your money and due to you for more than 15 months. The money is yours so pay up.
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