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  • FIRST POST
    • mysteriousgirl
    • By mysteriousgirl 2nd Feb 18, 2:48 PM
    • 6Posts
    • 0Thanks
    mysteriousgirl
    Need HELP - Struck betweenUnregulated AIRFAIR & AI
    • #1
    • 2nd Feb 18, 2:48 PM
    Need HELP - Struck betweenUnregulated AIRFAIR & AI 2nd Feb 18 at 2:48 PM
    Claim Compensation Companies are meant to help you relieve the stress and avoid being ripped off by airlines. However my recent experience raises concerns on the trading standards and being transparent to customers prior to any claim start by Airfair Compensation Ltd. We used to see it previously with PPI claims, bank claims etc however its becoming more evident and people all over britain are being misled and loosing faith by such firms. Airfair!!!8217;s complaint process is very biased regardless of how black and white the situation is.
    In August 2017, I had a 7 hour flight delay by Air India. When we came back from holidays in Sept, I complained to Air India directly and gave all evidence (eg booking confirmation, boarding pass, passport copy etc). Inspite my several follow up all they said is that they are working on my request and will get back soon.

    Feeling frustrated in Nov, I contacted Airfair Flight Compensation Company by phone call on 10 November and gave my details over the phone to see if I am entitled for compensation from Air India and know the process. I also explained my story of my various communication and contact with Airindia made directly in September. They said yes, I would be eligible and if I am happy to process they can send me the terms and business by email and proceed. I clearly asked if there are any fees involved and said they work on no win no fees and not liable to pay any fees. They will send the terms and steps forward by email and will contact the airline. However they requested I send my details (booking ref, passport etc) by email to confirm that my details are genuine. I emailed them on 17 Nov 2017. Airfair gave no response or update - they send no terms of business either. I was left in dark by Airfair too.

    As part of my usual follow up, I called Air India Manager again by phone on 27th Nov. They said they are progressing the payment on my name and delay was because they take 8 week to process payment. I was glad that its nearly coming to an end. I was totally wrong.



    When I called the Airfair to cancel on 27 Nov (10 days after I send my documents). They said I am calling them after 14 days cooling period and I am liable to pay 150 per passenger (Total of 450 to cancel my claim). At no point in time, Air Fair sent me ANY terms of Business or cancellation terms stating the cooling off period. The cancelation invoice they send me dated 27 Nov 2017 states ''As per your signed Terms and Conditions as you have cancelled your claim after our set cooling off period from submitting your claim an invoice of 150 is due per passenger ''. This is a clear rip off by Airfair, where they have send no terms and business to clients (forget that document being signed) and when its cancelled they charging these huge lumpsum. Its totally unfair, unethical.



    Processing a claim without sending or mutual agreement of company terms and business is against the trading standards and unethical. Only time i rcvd the terms of business was during my official complaint process on 4th Jan 2018. Their response to my official complaint states !!!8216;!!!8217; It is also worth noting that when a claim is submitted either through our Self-Serve options or through an Agent, a confirmation email is sent directly to the client noting our Terms of Business which states our !!!8216;cooling off period!!!8217;.!!!8217;!!!8217; I have told repeatedly to Airfair that such process did not occur and to provide any evidence. They have ignored my request demanding evidence of sending me any terms and conditions (which they cant - as they havent done so). On the phone they agreed it was their oversight, but still demand the cancellation fees. I fail to understand their logics.



    I called Legal Ombudsman and turns out this company (AirFair Compensation Ltd) is not regulated so they cant take this on. I have just complained to Trading standard and they asked me to email them for last time if they have any evidence of sending me terms and conditions (Airfair has ignored my message so far). Any Tips of what I can do? Any guidance will be helpful.



    I am struck between Air india & Airfair.





    Last edited by mysteriousgirl; 06-02-2018 at 3:45 PM.
Page 1
    • jpsartre
    • By jpsartre 2nd Feb 18, 3:12 PM
    • 3,162 Posts
    • 2,079 Thanks
    jpsartre
    • #2
    • 2nd Feb 18, 3:12 PM
    • #2
    • 2nd Feb 18, 3:12 PM
    I've seen several of these types of complaints recently. It's always down to one of two things - either the passenger has asked a company to act on their behalf before the airline has refused compensation (this seems to be the case here) or they have asked multiple companies to act on their behalf.

    I don't know the legal ins and outs but on the surface, if you requested that Airfair take on your case, it hardly seems unreasonable that there would be a fee to pay should you later change your mind. They agree to work for free should you lose your case but you cannot expect them to work for free when you win it. In any case, it's all outlined in their T&C which is on their website.
    Last edited by jpsartre; 02-02-2018 at 3:23 PM.
    • Caz3121
    • By Caz3121 2nd Feb 18, 3:26 PM
    • 11,192 Posts
    • 7,342 Thanks
    Caz3121
    • #3
    • 2nd Feb 18, 3:26 PM
    • #3
    • 2nd Feb 18, 3:26 PM
    [FONT=Arial]I clearly asked if there are any fees involved and said they work on no win no fees and not liable to pay any fees.
    Originally posted by mysteriousgirl
    no win = no fees
    win = fees (36%)

    It also looks like they charge 100 + 12% interest if you don't pay!
    https://www.airfair.com/terms-conditions/
    • mysteriousgirl
    • By mysteriousgirl 2nd Feb 18, 4:23 PM
    • 6 Posts
    • 0 Thanks
    mysteriousgirl
    • #4
    • 2nd Feb 18, 4:23 PM
    • #4
    • 2nd Feb 18, 4:23 PM
    But i gave details but didnot formally start the process with Airfair. The agent said they will send me terms and conditions prior to start - which didnt happen !


    In the interim, airline confirmed the payment is ready to be issue and hence i cancelled the claim with Airfair. Now Airfair claims the reason Ai India agreed to pay out is due to their letter they send 2 days ago my claim withdrawal.


    But how can companies start claim without sending any terms or advising the cooling off period fees. No legalities around this? 8 weeks investigation proved to be biased and they either want me to progress claim with them (thus deducting 36%) or pay them 150pp (more than 500) for a letter send 2 days ago without my consent or advising the terms.
    • jpsartre
    • By jpsartre 2nd Feb 18, 6:18 PM
    • 3,162 Posts
    • 2,079 Thanks
    jpsartre
    • #5
    • 2nd Feb 18, 6:18 PM
    • #5
    • 2nd Feb 18, 6:18 PM
    Sounds like there was a verbal agreement although I don't know whether there's a legal loophole you could exploit. They started claiming because you instructed them to. Seems fair enough that they want to get paid now that the airline has agreed to settle your claim.
    • legal magpie
    • By legal magpie 3rd Feb 18, 2:10 PM
    • 870 Posts
    • 382 Thanks
    legal magpie
    • #6
    • 3rd Feb 18, 2:10 PM
    • #6
    • 3rd Feb 18, 2:10 PM
    On the face of it you clearly instructed them to act for you but reading between the lines it appears that you didn!!!8217;t give them your bank details so they have no way of taking payment directly. They will have to send you an invoice and if you don!!!8217;t pay they will have to sue you. As you didn!!!8217;t agree to any specific terms, they will be entitled to a !!!8220;reasonable!!!8221; sum. Should you receive correspondence you must, of course, reply setting out your case but IMHO they are entitled to something
    • mysteriousgirl
    • By mysteriousgirl 6th Feb 18, 3:49 PM
    • 6 Posts
    • 0 Thanks
    mysteriousgirl
    • #7
    • 6th Feb 18, 3:49 PM
    • #7
    • 6th Feb 18, 3:49 PM
    I disagree here - i said i would give a go ahead after viewing their terms and agreement - which they never sent across to me. However they approached the airlines even before sending me any documents and even after contacting airlines they never advised me. They told me only after i called to cancel saying they already contacted the airline last week. During the verbal coversation (which they should have recorded), it clearly said send me the documents before proceeding. I have emailed them several times asking send me any evidence that they have send the terms - but they fail to respond to that request.
    • mysteriousgirl
    • By mysteriousgirl 6th Feb 18, 3:53 PM
    • 6 Posts
    • 0 Thanks
    mysteriousgirl
    • #8
    • 6th Feb 18, 3:53 PM
    • #8
    • 6th Feb 18, 3:53 PM
    Yes - i didnt give them any bank details so they cant take any payment. In their cancellation invoice (it says Inline with your signed terms and conditions, you are liable to pay 450). I have challenged them saying there was no terms and agreement send ever, so such a document was never signed. I have asked for evidence, which they fail to provide. They have actioned something, which wasnot given a final go ahead. I had called to enquired on process and given my details. There should be some legal way out ...does anyone know the process. Problem is these claim compensation company (i.e Airfair) is unregulated - so legal omb wont take this on. How convienent for them !
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